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The Steps in a Typical Mortgage Foreclosure in Florida
When there has been a default in mortgage payments, the lender accelerates the loan and demands payment to satisfy or reinstate the loan. If there ...
The Steps in a Typical Foreclosure in Colorado
I often receive panicked phone calls from folks whose mortgage company has told them that their mortgage has been moved to foreclosure status.
Foreclosure: Rules Apply
Rules matter....A homeowner has the obligation to pay the mortgage on time and lenders must follow the rules if they are seeking to take away some...
Income Tax Liability for Deficiencies
If you default on your mortgage, and you or your lender eventually sell the property for less than you owe on it in a short sale or a foreclosure auct...
Ohio Foreclosure Laws
If you believe you may be subject to a foreclosure action in Ohio, you can find out what to expect and what your rights are by looking in Ohio’s for...
Why Haven’t I Been Served a Foreclosure Summons Yet?
While more and more homeowners have fallen behind on their mortgage payments as the economy continues to stall, the number of home foreclosures filed ...
Special Protections for Service Members on Active Duty
If you’re on active military duty, and you took out a mortgage before you went on active duty, you are entitled to a raft of protections against for...
Alabama Foreclosure Laws
Finding Alabama’s Foreclosure Laws The citation to Alabama’s foreclosure statute is Alabama Code Sections 35-10-1 to 35-10-30 and 6-5-247 to 6...
Finding Your State's Foreclosure Laws
The foreclosure process in each state is governed by that state’s foreclosure laws. Each state’s foreclosure law is different. By reviewing your s...
Texas Foreclosure Process & Related Legal Issues
If you are struggling with mortgage payments, have already become delinquent or have been served a notice of foreclosure you will want to understand T...
California Foreclosure Process: Laws and Homeowners Options
If you are behind on you mortgage, or have already been served a notice of foreclosure, you'll want to know the applicable laws and processes in Calif...
Florida Foreclosure Law: Your Rights as a Homeowner
Florida is one of a group of states that affords only one major option for lenders who need to foreclose on a debtor: judicial foreclosure.
Foreclosure Victims Bail-Out Fund Opens Nationwide
Recently we reviewed the Hardest Hit Fund, which made billions of dollars eligible to struggling borrowers, particularly in California and Florida....
Your Home in a Non Judicial Foreclosure in California
While California law allows for both judicial and non-judicial foreclosure, judicial foreclosure is rarely chosen because it is more time consumin...
Foreclosure Courtroom Justice. Elusive At Best
The internet is full of diverging opinions, but few, if any, doubt that 2011 is seeing the foreclosure crisis at an all-time fever pitch. Over a m...
Foreclosure Failings and Fallout
"These are the times that try men's souls.....'tis surprising to see how rapidly a panic will sometimes run through a country...
Mortgage Foreclosure Lawsuits: Trusts and Interests
As a general rule of thumb, the new callers and clients who visit our law firm are now requested, and required, to bring complete copies of their cour...
"Justice Delayed is Justice Denied"
....and it is also quoted "It is the duty of Government to make it difficult for people to do wrong, easy to do right." These quotes are attributed to...
Deficiency Judgments and Tax Consequences of Short Sales and Foreclosures
If you sell your home in a short-sale or if it is foreclosed on, a lender may pursue a deficiency judgment against you for the difference loan bal...
Can Your Lender Really Foreclose?
Thousands of Americans that are challenging the validity of their mortgage note as well as the security behind that note in state and federal cour...
It's Not Over When The Foreclosure Ends
So you have been served with foreclosure papers, a hearing was held, the sale date has passed and your property is now in the hands of your lend...
Foreclosure in Arizona: Can the Lender Come After the Deficiency?
After foreclosure in Arizona, will my lender come after me for the deficiency?
Laws Regarding Foreclosure Sale: Vuki v. Superior Court
According to Vuki vs. Superior Court, No. G043544 (decided October 29, 2010), there is no private right action under California Civil Code Section...
Robosigning: Foreclosure and Due Process
Due process clause of 5th Amend, which applies against fed gov, and applicable to states by 14th Amend, provides that government shall not take a ...
Due Process in a Foreclosure Case
The due process clause of the 14th amendment provided that the government shall not take a person’s life, liberty, or property without due proce...
Facing Foreclosure? Things You Should Know!
With so many California homeowners stuck in sticky situations with their lenders it’s important to understand your options in avoiding foreclosure. ...
Home Owners Blindsided by their Lenders Dual Track Process
Amid our country’s mortgage mess, homeowners continue to fall victim to “Loan Mod Hell!” Borrowers are being victimized and no one knows whose ...
Bank of America Starts Foreclosures Again
As many “Foreclosuregate” watchers expected, the freeze on U.S. home foreclosures may be thawing rather quickly and will provide much less relie...
Victims and Robots
Broadly speaking, 50 states and the District of Columbia are presently engaging their Attorneys General to examine the procedures that have allowed ...
California Homeowners Need Justice
As California bankruptcy attorneys we are seeing thousands of homeowners trying desperately to save their homes from foreclosure with loan modificat...
Loss Mitigation: Halt The Foreclosure Process
Homeowners facing default or currently in default often seek ways to solve their current problems through a number of solutions generally termed as fo...
Fannie Mae Getting Tough On Borrowers Who Walk Away
Fannie Mae (NYSE:FNM - News) and its little brother Fre
Obama's
Over one third of “Making Home Affordable” applicants have fallen out of the Governments HAMP program and another wave is coming soon. Homeowner...
Fair Value Determination in Judicial Foreclosure
In a judicial foreclosure, the lenders claim will be first heard by the court. The court will then issue orders which would then allow the lender to f...
How to Avoid Deficiency Judgments on Foreclosure
Lenders may be able to obtain deficiency judgments against borrowers after a foreclosure or pre-foreclosure occurs to recover the difference between...
Foreclosure and Tenant's Rights
Nature of Property Rights Involved: Possessory Right v. Ownership. Tenants Rights are Subordinate and Inferior to that of Owner. Contract Rights Invol...
Foreclosure and Florida Law: Frequently Asked Questions
Facing foreclosure, or unmanageable mortgage payments can be a scary situation, and there are a lot of misconceptions about loan modification and fo...
Florida Foreclosure Relief Laws
Through the combined efforts of the Attorney General and the state legislature, Florida was one of the first states to aggressively combat mortgage ...
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