When to Fight Your Foreclosure in Court: The Lender Violated TILA or HOEPA
You may be able to fight your foreclosure by proving one or more violations of federal or state laws designed to protect you against illegal lending p...
When to Fight Your Foreclosure in Court: Your Lender Made a Serious Mistake
Mortgage servicers make mistakes all the time when they’re dealing with borrowers. A study done by law professor Katherine M. Porter showed that in ...
When to Fight Your Foreclosure in Court: The Lender Didn't Follow Foreclosure Procedures
Because every foreclosure means that someone loses a home, many courts require the foreclosing party to strictly follow state law and respect the term...
When to Fight Your Foreclosure In Court: The Foreclosing Party Can’t Prove It Owns Your Mortgage
A mortgage (or a deed of trust) consists of two basic parts:
Should You Fight Your Foreclosure In Court?
If you’re in a state that requires foreclosures to go through court, you’ll have the right to present your objections to the foreclosure to a judg...
Using an Attorney to Defend Your Foreclosure Action
There is a certain distrust of the risks occasioned when meeting with an attorney. Understandably, many of our new callers and clients have suffered t...
Foreclosure Rights (and Wrongs)
By and by, and in about sixty days after that stranger who knocked on your door, handed you booklet upon booklet commonly called the Foreclosure S...
Foreclosure Darts: Art And Science of Foreclosure Defense
The monstrous circumstances of foreclosure on a home and business, on the family, neighborhood and nation and the after shocks, pain and suffering...
Fighting a Nonjudicial Foreclosure in Court
The difficulty of fighting a foreclosure depends to a great extent on where you live. If your state requires the foreclosing party to sue you (this is...
Fighting a Judicial Foreclosure in Court
If you live in a judicial foreclosure state that requires the foreclosing party to sue you in court, you will have an easier (and less expensive) time...
Does MERS Own Your Mortgage? It May Be Unenforceable
Chances are good that an entity known as Mortgage Electronic Registration Systems, or MERS, claims to own your mortgage. This is true even if you are ...
Identifiable Foreclosure
What would happen if the United States Congress held hearings and investigated illegal foreclosure practices by the largest banks?
Qualified Runways for Foreclosure Defense and Loan Modification
For distressed home and business owners, the loan modification and foreclosure defense process can seem arbitrary and ineffective. Good legal represen...
Foreclosure Victims & Investigators: Join the Mortgage Settlement Resistance
New York's Attorney General wants to hold accountable the banks and financial institution for the massive mortgage and foreclosure crisis.
The Foreclosure Masquerade
While legislation protecting homeowners facing foreclosure has largely failed, the courtroom offers hope to fight back against foreclosure.
Upsides & Downsides to a Deed in Lieu of Foreclosure
A deed in lieu of foreclosure may offer distressed homeowners an out from what otherwise would end up a potentially ugly foreclosure proceeding. Howev...
The Third Expedition
Last week's analysis dispensed with the contentment in some families that their illicit and toxic relationships, forged in predatory refinances and pu...
Defenses to the Foreclosure Action
The answer, without the necessity for the question first, is that there are profound and significant breakages in the real estate market, and the ...
All Eyes on Pino
Bank Liability for Inaccurate or Forged Documents in a Foreclosure Case. Recently, a seemingly typical foreclosure case in Florida was cherry-picked...
No Passing Zones: Hope for Homeowners in Foreclosure
Locally and throughout our cities and suburbs, we suffer the effects of a severely declining home valuation process. Few need clarification of thi...
Stopping Trustee Sale Date in California
We see many clients who are either attempting or denied a loan modification have their property sold out from under them without notice. Many have...
The Foreclosure Files: Emerging Conversations Yield Results
What do you expect when the dog barks at the doorbell? One downside is the knowledge that eventually, when a family enters the mortgage default...
Postpone a Trustee Sale with No Upfront Fees
If you are facing foreclosure due to not getting approval to modify your mortgage, exiting a Chapter 7 bankruptcy, or for some other reason, you still...
When Should You Consult With a Foreclosure Defense Attorney?
When someone schedules an appointment with our office, one of the questions we ask prospective clients is whether or not they are in an active foreclo...
You Do NOT Need to File Bankruptcy to Stop a Foreclosure!
You do NOT need to file bankruptcy to stop a foreclosure! Yes, we’re bankruptcy attorneys and we can stop a foreclosure by filing bankruptcy but...
Getting Help with Foreclosure: The First Step is to Talk to a Foreclosure Defense Attorney
Many of the families who call our law firm are quite simply unable to pay their mortgage loan. It is not about their ability to pay the mortgage loa...
Giving Mortgage Servicers an Inch: They've Taken a Mile
For each and every client and reader, who may or may not have taken the first steps to fight against mortgage foreclosure and preserve and protect...
Red Light, Green Light, 1,2,3.
For those clients of our law firm, Rubin & Licatesi, PC, as well as the new callers with whom we regularly talk during their trials and tribul...
Blue Moons and Red Herrings: Why You Should Fight Foreclosure
So the expression goes, "Once in a Blue Moon." The saying expresses the most unusual of occurrences. Tell it to your neighbors in Staten Island, br...
In Foreclosure. Hire a Bankruptcy Attorney? Sue My Lender?
Let’s face it, from 2004 to 2007 the housing market was hot, mortgage brokers, bankers and lenders were qualifying borrowers for loans who were prob...
The Five "Dues" in Fighting a Mortgage Foreclosure
Fresh revisions and mandates to New York State foreclosure lawsuits were ordered this week by Chief Judge Jonathan Lippman, partly in response to the ...
Foreclosure Freeze, Firm Fraud, and Carmen Sandiego
So you've heard on the news that BOA and other banks have stopped filing foreclosures... Does this mean that there will be a moratorium? Does it mea...
Time Repairs
The recently reported freeze on foreclosure actions by several of the largest institutional mortgage holders, with several more on the horizon, pres...
Foreclosure Outline: Process and Defenses
The Foreclosure and Eviction Process and Timeline. After 90 days on non-payment of your mortgage, California law allows the bank to record a Notice of...
Taking the Small Steps to Fight Foreclosure
Anyone in foreclosure has seen this language contained in the body of their foreclosure summons or court papers, signed by a representative of the len...
Consequences of Falling Behind on Mortgage Payments
Millions of Americans are currently behind on their mortgage payments. Statistics show that there are more distressed homeowners than ever before....
Foreclosure Turning Points
A lender's failure to provide and comply with the New York State law for mandatory pre-foreclosure notice requirement, a failure to comply with the ...
What is a Loan to Stop Foreclosure?
If you are facing foreclosure, you can obtain a loan to stop the foreclosure. However this option must be used only if the default was caused by a t...
How to Avoid Foreclosure: MERS, Breaking the Chain of Title
The foundation of the worst recession since the Great Depression was built with unaffordable home mortgages packaged into securities, sold to investor...
Government Releases New Foreclosure Program To Help 'Underwater' Homeowners
The Federal Housing Administration (FHA) will allow banks to give these homeowners refinanced loans backed by the government. Under the new plan ...
Responding to a Foreclosure Letter: Building a Defense
Receiving a foreclosure letter is a frightening experience. A lender will, in most cases, allow roughly 60 days for a homeowner to bring their mort...
Foreclosure Defense: Meaningful Solutions
Most of those with mortgage struggles engulfed in the foreclosure storm have become somewhat friendly with the initialized programs of recovery, beg...
Mining the Minds
The sudden plunge into the depths and uncertainties of foreclosure and mortgage defaults for many homeowners, families and clients has not been part...
Negotiating with Your Lenders Loss Mitigation Specialist
The job of a specialist in a lender’s loss mitigation department is to work with borrowers in resolving their mortgage delinquencies while, at the...
What’s Hampering HAMP?
In March, 2009, the Obama administration jumped to the rescue of the crashing housing market as part of an overall plan to right the nation’s fina...
How to Avoid Judicial Foreclosure
Foreclosure process varies from state to state. In states that have judicial foreclosure, your lender will file a suit in a court having jurisdictio...
How to Stop Foreclosure: Know Your Options
Homeowners have been hit hard with toxic mortgages, declining property values and under employment. Many of these homeowners thought they could refi...
Steps To Get a Loan Modification In California
A California loan modification process may vary from lender to lender. You should contact your lender to find out what is involved. It i...
What Is The Next Step After a Foreclosure Notice In Colorado
In Colorado, a lender may institute a foreclosure proceeding against a borrower who defaults on their mortgage by recording a foreclosure notice of ...
Loan Modification: Mistakes Common In Utah
A Utah borrower who is not familiar with the loan modification process has a higher failure rate of obtaining a loan modification.
What Is Considered a Good Loan Modification In Colorado?
Colorado loan modification has helped thousands of Colorado homeowners save their homes from going to foreclosure. When a lender modifies your...
Idaho: Foreclosure Notice And Penalties
Idaho has strict foreclosure notice requirements that lenders must follow when instituting foreclosure proceedings against an Idaho borrower who has...
