Monthly Archives: January 2011

Florida Bar says foreclosure lawyers must report fraud to court

By Christine Stapleton and Kimberly Miller Palm Beach Post Staff Writer In an opinion that could have unfathomable consequences in countless foreclosure cases, The Florida Bar says attorneys must notify a judge about potential fraud — including robo-signed affidavits and … Continue reading

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Overview

Faulty Foreclosure May Mean Massachusetts Buyer Isn’t Owner

In a previous post, we spoke about the rather important decision that the Massachusetts’ highest court rendered, when they ruled on the Ibanez case.  In that case, they said that the bank had to own the note and mortgage at … Continue reading

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Foreclosure Stories

Banks Dismissing Foreclosure Suits in SW Florida

Friday, 21 January 2011 Banks in recent weeks have been dropping hundreds of their Southwest Florida foreclosure lawsuits instead of facing defendants at trial, according to local attorneys and court records. Opinions varied sharply on whether that means banks are … Continue reading

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Foreclosure Stories

Foreclosure Defense: Basic Rules, Discovery, Affirmative Defenses and Audits

Affirmative Defenses and Procedure You Can Stop Foreclosure and Put the Lender on the Defense. Does the Lender have the “Original” Note in Hand? Step One: Answer the Foreclosure Lawsuit             We will posts the basics of preparing an Answer … Continue reading

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Foreclosure Defenses, General Advice

MERS view of the State of the Law in Georgia

Georgia courts recognize the right of MERS to foreclose, as illustrated by the decision in American Equity Mortgage, Inc. and Mortgage Electronic Registration Systems, Inc. v. Chattahoochee National Bank, # 05-cv-1951 (Forsyth Cty. Sup. Ct., Dec. 29. 2005, J. Dickinson). … Continue reading

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Overview, The Players

WHAT IS A SERVICER?

The servicer is YOUR mortgage company. It is the company that handles the day-to-day tasks associated with managing your loan. Their duties include but are not limited to: Collecting and remitting loan payments Responding to borrower inquiries Making advances when … Continue reading

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MERS, Mortgage Servicers, The Players

Requesting Note Information May Result in Credit Score Drop

In todays world of automation and general lack of customer service weird things can happen. It has been reported that people asking Mortgage Servicers for the names and addresses of the entities who own their Mortgages are having their credit scores lowered. … Continue reading

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Foreclosure Stories, Overview

What’s happening in New Jersey

Six major lenders have until January 19, to show the N.J. Supreme Court why their foreclosures should not be suspended indefinitely in his state, saying that they have addressed “questionable legal practices” and arguing that such a freeze might even be … Continue reading

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Foreclosure Fraud

The Foreclosure Fraud Scandal Just Got Harder to Ignore

The Massachusetts Supreme Court issued a major decision against the banks on the issue of foreclosure fraud on January 7, 2011. In US Trust vs. Ibanez, (which we analyzed earlier) the court ruled that the banks in the case did … Continue reading

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Foreclosure Defenses, Foreclosure Fraud, Foreclosure Stories, Homeowner Wins Foreclosure Case

What happened in Massachusetts?

On January 7, 2011 a major event occurred in Massachusetts in the Foreclosure Arena. The Massachusetts Supreme Judicial Court rendered an Opinion possibly invalidating thousands of Mortgage Foreclosures in that State. Here are the bare bones of what the case … Continue reading

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Homeowner Wins Foreclosure Case