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How We Got Here – The Process of Securitization
It helps to have some background into how Mortgages used to work (like for the last two hundred years). 1) A Bank would loan a homeowner money. 2) The homeowner would sign a promissory note (note or IOU) promising to … Continue reading
Are Lenders Attorneys Calendar Challenged?
On March 9, 2011, the Second District Court of Appeals rendered its decision in Sandoro v HSBC Bank in favor of the Homeowner. Their decision is not the end of the case; they sent it back to the Trial Court … Continue reading
What to expect from a law firm defending your case.
If you decide to hire a law firm to defend your Mortgage Foreclosure, what should you expect? The primary goal of the defense should be: Get an agreement with the lender not to pursue a deficiency judgment Or if you … Continue reading
“Destroy the loan docs!” Judges asked to approve mass shredding
It’s bad enough to lose loan paperwork worth a quarter-million dollars (or more!) Now some trustees for bankrupt lenders are asking federal judges to approve a massive, intentional destruction of the original loan papers. Why? Because it’s apparently just too … Continue reading
How Mortgages are supposed to be Transferred to a Securitization Trust
There is a growing amount of discussion these days about possible defects in foreclosure proceedings commenced by loan servicers. A lot of this discussion concerns procedural matters, such as whether the correct steps are being taken to verify the accuracy … Continue reading
Massachusetts’ demand for Recording Fees and MERS’ Response
Commonwealth of Massachusetts Southern Essex District Registry of Deeds Shetland Park 45 Congress Street Suite 4100 Salem, Massachusetts 01970 JOHN L. O’BRIEN, JR. Register of Deeds Phone: 978-542-1704 Fax: 978-542-1706 website: www.salemdeeds.com NEWS FOR IMMEDIATE RELEASE Salem, MA … Continue reading
The Problem with Mortgage Assignments
During the roaring 2000’s, banks were in such a hurry to create mortgages and sell them on in the secondary market that they were careless with their paperwork; particularly with mortgage assignments. When foreclosures started coming in, many of the … Continue reading
What is strategic default?
Not everyone even defines strategic default in the same way, but panelists were generally in agreement that it involves a borrower who has the ability to pay his or her mortgage but chooses not to. Often that decision is tied … Continue reading
Attorney General opens probe into eighth foreclosure firm
State investigators say Ben-Ezra & Katz presented false and misleading documents to judges Diane C. Lade, Sun Sentinel February 23, 2011 The Florida Attorney General has opened an investigation into Ben-Ezra & Katz, a Hollywood law firm that processes thousands … Continue reading
Just one Reason Nevada is #1 in Foreclosures
We’ve all read the stories about Nevada having the highest rate of foreclosures in the US. Here’s one example of why that’s so. The Nevada legislature passed a law to reduce foreclosures. They required all foreclosures to go through Mediation … Continue reading