Category Archives: General Advice

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

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Foreclosure Defenses, General Advice, Overview

Request for original mortgage note and additional information

From [edit] John Doe Address 1 Address 2 City, WY 12345 To [edit] (Name of Bank) Subject [edit] Request for original mortgage note and additional information Message [edit] To whom it may concern:  This is a qualified written request under Section 6 of the … Continue reading

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General Advice

What is a Qualified Written Request?

What is a Qualified Written Request? A “Qualified Written Request” is made pursuant to the Real Estate Settlement Procedures Act (12 U.S.C. § 2601-2617) and its implementing Regulation X (24 C.F.R. § 3500.21) and is an important communication tool by … Continue reading

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General Advice

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

What to do throughout the foreclosure process

Throughout the foreclosure prevention process: Keep notes of all your communications with the servicer, including date and time of contact, the nature of the contact (face-to-face, by phone, email, fax or postal mail), the name of the representative, and the … Continue reading

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General Advice

What Is Foreclosure?

Technically, foreclosure is a legal proceeding. It arises when a mortgage lender or bank attains a legal right to terminate or assume a home-owner’s right to real property (land). The lender may assume your equitable rights of redemption of the … Continue reading

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General Advice, Overview

General Advice During Foreclosure

Throughout the foreclosure prevention process: Keep notes of all your communications with the servicer, including date and time of contact, the nature of the contact (face-to-face, by phone, email, fax or postal mail), the name of the representative, and the … Continue reading

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General Advice