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Category Archives: Overview
Basic Foreclosure Defense – How to Help Yourself – Part 3
Now we have got a Foreclosure Trial Book set up, and you know what it is that the Bank must prove to be successful in their foreclosure, how do we fight them? Judicial States We are going to start with … Continue reading
Basic Foreclosure Defense – How to Help Yourself – Part 2
In out last article, we suggested that you do on on-line records search and print all the documents you locate there, and place copies in your Foreclosure Book. But don’t stop there, make copies of all letters, place … Continue reading
BANK OF AMERICA ORDERS TRASHOUT OF SHORT SALE HOME AFTER CLOSING
Approximately one week after the new owners closed on the short sale home they purchased through the defaulting Sellers with the approval of BOA, as is required in any short sale, they come home to find a trash-out Crew hired … Continue reading
A Model Set of Ground Rules – Used in Monroe County, Florida
The 16th Judicial Circuit of Florida, which comprises Monroe County, and which has Key West as the County Seat, has developed a procedure contained in Administrative Order 300.5 for handling residential foreclosure case filed in the county. If more Judicial … Continue reading
Just How Long Does a Foreclosure Take?
When you miss a Mortgage Payment, how long will it take for the Lendor or Servicer to complete the foreclosure process, which is defined as when a bank takes possession. Taking Florida as an example, if you live in the … 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
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
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
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