Archive for September, 2009

The Paper Trail You Need to Follow to Defend Foreclosure

When homeowners or their legal advocates are doing research on a loan, there are several documents that may help inform their defense against a lender. These can include mortgage documents, information available in the public record, and other information obtained through fighting a lawsuit in the courts. Thus, homeowners should be aware of these different […]

Why Loan Modifications are Required to be Rejected by Servicing Companies

The most recent development of President Obama administration’s Home Affordable Modification Program (HAMP) has not been good. Although more modifications are being accomplished on a cumulative basis, fewer than 10% of the applicants who qualify for a foreclosure solution under the terms of the program are given one by the mortgage servicers and banks. While […]

How to Stop a Sheriff Sale and Defend Your Home’s Equity

One of the complaints of many homeowners that fight foreclosure but whose homes have significant equity is that their house is auctioned for far less than its fair market value at the county auction. In the majority of cases, there is no one else bidding at the sale besides the original lender, and the bank […]

Why Can’t Lenders Produce the Note in Foreclosure Cases?

There is a growing trend among borrowers to defend foreclosure lawsuits by requesting mortgage lenders and servicing companies to provide the original note. When the lenders can not find the original note, judges are deciding that any foreclosure proceedings must be placed on hold until the note can be produced. Without this document, it can […]

Defending Foreclosure by Claiming Unjust Enrichment

The commonly understood meaning of the term “unjust enrichment” is that of an individual or company unfairly making obscene amounts of money by taking advantage of a client or customer. Based on the past decade at least, few homeowners or debtors have any real doubt that this is exactly the type of business that banks […]

Wage Garnishment Through a Deficiency Judgment After Foreclosure

Homeowners are often worried about further collection attempts after a foreclosure has been completed. After losing their homes, they worry about seeing their car repossessed, bank accounts levied, or wages garnished. But in most cases, there is little chance of a deficiency judgment or future collection attempts due to the numerous obstacles in the path […]

Alternatives To A Short Sale When You’re In Foreclosure

If you are facing foreclosure and looking for a solution you may have thought about doing a short sale on your home.  Right now short sale investors are thriving in today’s current market because of how many people in foreclosure resort to using them.  But before you consider a short sale there are several other […]

Stop Foreclosure Loan Refinance

If you are facing foreclosure you may be looking into ways to stop it or save your home.  One option that should be explored and works for many people is a refinance loan.  A refinance loan is where you get another mortgage loan to pay off your existing loan on your property.  This will help […]