A Guide for Homeowners and Their Attorneys in Foreclosure Defense Did You Take a Loan? We've all been there, sitting in a courtroom, listening as the judge fires off a familiar question: "Did you take a loan?" Whether you're defending yourself or you've got a lawyer by your side, this moment can be nerve-wracking. But listen up, it's crucial to…[...]
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Alright, so you've found yourself facing an "unlawful detainer" order, which is often the next step after a foreclosure on a home. We are helping many clients in non-judicial states with this issue but it can also be a tactic to get you out of your home in states with a Judicial foreclosure process. This is a serious matter, so…[...]
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One of the most important things I learned from Neil Garfield in the time he was mentoring me and preparing me to take over his practice is this: When you're trying to figure out who has the rights to your home loan, don't get caught up asking about who has the paper note. Instead, focus on who truly has a…[...]
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The core of defending against foreclosure is getting the right information during court proceedings. The goal here is to ask questions that neither the bank's lawyer nor the bank itself can answer. Specifically, you want to question the real existence of the debt, who really owns it, and who has the right to collect or enforce it. The problem for…[...]
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As Neil Garfield explained to me and many of his clients and readers, the only thing most judges are interested in is where did the money go, who paid, who received and whether it was paid, and if in part, to what extent. One must be very careful to distinguish this from the “show me the note” defense, which was…[...]
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When people talk about bankruptcy, they often feel overwhelmed and confused by the legal jargon. But it's crucial to understand these laws, especially if you're trying to protect your home. One way to do this is by filing what's known as an "adversarial action." An adversarial action in bankruptcy is like a separate lawsuit within the bankruptcy case. In simple…[...]
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Foreclosure is a word that makes many homeowners cringe. Homeownership is a part of the American Dream for many, but it can quickly turn into a nightmare if you face foreclosure. Foreclosure means that the bank is trying to take your home. It's a difficult situation that many homeowners find themselves in, but it's not the end of the road…[...]
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There are two broad classes of investors. First the ones who drank the cool-aids and second the ones who didn't. * The ones who drank the cool-aid are managers that responded to promotional literature and extra judicial statements about what they were buying. In summary they thought they were buying into the lending marketplace without risk because their investment was collateralized by mortgage liens,…[...]
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I frequently need to guide homeowners and their attorneys away from generic labels. When the word "creditor" is used, it could mean a servicer without ever corroborating the principal. The company named as servicer may in fact be construed as performing a service and that service might even be tied to the presentation of the named or designated claimant, but it is only…[...]
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Most homeowners want to forget about a foreclosure before it even begins. They ignore it until it is too late to do anything about it, even though the claim is false. After the foreclosure sale is falsely reported as "complete", it is even less likely to think about "surplus funds" that might due to the homeowner. Generally speaking, there are…[...]
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