Mortgage servicers, who are the companies that manage home loans, sometimes engage in deceptive practices, especially when dealing with securitized residential home loans. Here are some of the key tactics they might use: 1. **Misapplication of Payments**: Sometimes, these servicers don't apply your payments correctly. They might put your money towards fees or other costs instead of reducing your loan…[...]
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Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to progress unchecked until it is…[...]
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In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise the rights of the creditor…[...]
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PennyMac and others are pretending to be "servicers" but they're not, even though they do some servicing work. They’re using Black Knight’s systems to do it. Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can act like they checked the…[...]
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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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