Bottom Line: Failure to attack the facial validity of the documents is virtually hanging the homeowner letting him/her twist in the wind. Without such a relentless attack based upon scrutiny of the exact wording on documents revealing that nobody is actually identified as a real party in interest, you will be trapped by an endless …
Why are modifications being undermined when they would so obviously preserve the value of the “loan?” The answer is because the real party in interest in the foreclosures is the servicer, not the trust, which doesn’t own the loan anyway, nor even the investor/beneficiaries, who reap very little out of the proceeds of foreclosure. The …
SIGTARP HAMP FINDINGS: SERVICERS REVOKING COMPLIANT HAMP PLANS Read More »
Florida Supreme Court to rule on the Five Year Statute of Limitations by William Hudson In Florida, a five-year statute of limitations rule may prevent banks from being able to foreclose despite ongoing litigation. As a result of this rule, mortgage servicers are actively attempting to preserve their right to foreclose pending the Florida Supreme …
Will Florida’s Supreme Court protect the Homeowner or Bank? Read More »
For further information please call 954-495-9867 or 520-405-1688. This for general information only and NOT an opinion on your case. ================================ I was responding to a client about the goals in opposing the wrongful foreclosures. These are hard to write or say. It might seem to be a contradiction in terms to walk away with …
Modifications are like a dirty word in the marketplace. Frustration, chicanery, luring borrowers into default, and crating modifications that are bound to fail so that the banks can get that ever precious foreclosure sale. But there is another side to it, as our guest writer David Abellard points out below. And while I think the …
Thanks to all who inquired about my health. I am fine. Just busy with cases getting ready for trial. Recent trends show a number of things. First, more actual judgments are being rendered in favor of borrowers. Sometimes, it is procedural, like the statute of limitations that limits actions to 5 years in Florida. But …
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 JOINT FED/STATE MORTGAGE INVESTIGATION TASK FORCE NEW YORK ATTORNEY GENERAL ERIC SCHNEIDERMAN, CO-CHAIR OFFICE OF THE ATTORNEY GENERAL THE CAPITOL ALBANY, NY 12224-0341 General Helpline: 1-800-771-7755 TDD/TTY Toll Free Line: 1-800-788-9898 http://www.ag.ny.gov/ Subcommittee on Financial Institutions and Consumer Protection Chairman, Hon. …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 11/16/11 04:49 PM ET Monique White of North Minneapolis has been hosting weekend barbecues for friends and family for years. On Sunday, her usual guest list of friends and neighbors expanded to include protesters from the local spinoff of the Occupy Wall Street …
Occupy Wall Street Groups Protest Foreclosure, Try To Halt Evictions Read More »
see Magnetar%20Mortage%20Recovery%20Backstop%20Whitepaper%20Jun09.pdf Magnetar Mortage Recovery Backstop Whitepaper Jun09 Two things jump out at me with this paper from June, 2009. First it is obvious that the “real money” investors are defined as those seeking low risk and willing to take lower yield. The fact that they are called “Real Money Investors” underscores my point about …
Magnetar Echoes Livinglies call for Alignment of Investors, Servicers and Borrowers Read More »
Rule of Thumb: If they can’t execute a release or satisfaction of the mortgage, then they can’t foreclose. And if they did, it is reversible. Whistle-Blower: Banks Give Homeowners the Runaround “In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said. Editor’s …
800-Numbers Lead to Runaround as Banks Refuse to Modify Mortgages Read More »
To start the program, Treasury will ask banks, like Citigroup or JPMorgan Chase, to identify pools of residential and commercial real estate loans that they will be willing to sell through an auction. Private investors will bid against each other, setting a market price. No bank will be required to participate. Editor’s Note: it’s starting. …
Want to Buy Your Loan?: Toxic Asset Plan Foresees Big Subsidies for Investors Read More »
Editor’s Note: Principal reduction can be achieved in more ways than one. Here Non-profit Lenders see the clear opportunity to buy mortgages from dubious sources and then enter into new mortgages with the homeowner thus preventing eviction and restoring the homeowner to non-distress status. The problem here is that title is not clear and eventually …
Non-Profit Lenders Step in to Provide Post-Foreclosure Modification Read More »
“Reducing the loan’s principal balance is more valuable because it lowers monthly payments and restores equity. Various studies show that having equity also reduces the likelihood of redefault on a modified loan. It’s not just the moral thing to do. It also would help avoid the spillover effects of the next expected round of defaults. …
Editor’s Comment: Any lawyer who does not think that issues relating to foreclosure will not dominate his or her practice of law is in a state of denial and delusion. The 16% drop in new home-sale contracts (see article below) means a similar or worse drop in sales over the next 30-60 days. As we …
Home Sales Stall: Millions of Homes in Real Inventory Read More »
NOW AVAILABLE on KINDLE/AMAZON The Emperor\’s New Clothes: THOSE FORECLOSURES ARE NOT REAL FOLKS, GET IT? 1-in-10-u-s-mortgage-delinquencies-reach-a-record-high-going-up The Emperor is still strutting around as though he was fully clothed in the best silk, color and design. Wall Street is still the darling of government and a whole lot of other people, even if it was …
The Emperor's New Clothes: THOSE FORECLOSURES ARE NOT REAL FOLKS, GET IT? Read More »
The lenders are out in force trying to get you to sign something new. Most of the offers accomplish only two things: (1) ratification of a loan that was unenforceable and (2) a virtual guarntee that you will end up with worse problem than when you started in as little as 3 months; QUESTION: I …
For the most part they are operating either illegally or unethically but there are an increasing number of firms that are playing by the rules and actually helping their clients. beware-of-credit-repair-firms-but-dont-throw-the-baby-out-with-the-bathwater DISCLOSURE: I must disclose both an agenda and an interest here. Having been disappointed by the results or conduct of many supposed “audit” or …
