Archive for the 'Foreclosure Legal Process' Category

How a Forensic Loan Audit can Help Foreclosure Victims

With all of the current programs and ideas that the housing industry and government are creating out to help homeowners save their properties from foreclosure, it seems new terms and acronyms are being invented everyday. One of the most bewildering that has come into common acceptance is a “forensic loan audit,” which is being sold […]

How To Fight Foreclosure if You Live in Florida

If you live in Florida and are facing the possibility of having your home repossessed, you are probably trying to find out as much about it as you can. Foreclosures are processed out through local court proceedings. The entire process commences when you fall at least thirty days behind on your mortgage payments, although you […]

The FDIC is Not Always Immune to Claims - Some Exemptions

As mentioned in a previous article, it can be very difficult for homeowners facing foreclosure to raise certain claims in court when the bank holding their loan has failed and been taken over by the Federal Deposit Insurance Corporation. Case law and federal statute give the FDIC broad immunity against a number of claims that […]

Bad Things Happen if You Ignore the Foreclosure Lawsuit

Homeowners facing foreclosure often receive the lawsuit paperwork in the mail and take either of two actions which will not help them escape the situation. Some frantically begin calling the lender or servicing company, attempting to work out a solution so that they can keep the home. Others will simply put the paperwork aside, not […]

Homeowners Using Wrongful Foreclosure Claims Against Mortgage Companies

In some cases of foreclosure, there may be enough instances of misconduct by the lender to show that the entire process constitutes a wrongful foreclosure. Many states even have common law regarding this issue, as well as a cause of action specifically for “wrongful foreclosure.” Although the claim has not been popular in recent history, […]

How Homeowners Can Set Aside a Foreclosure Sheriff Sale

Too many homeowners who have already lost their homes are looking for one final chance to get them back. They have contacted nearly every loss mitigation company, nonprofit organization, and government agency in the country, all of which have informed them that they do not qualify for any plan currently available to help them get […]

Collection Agencies, Violations of the FDCPA, and Penalties

The Fair Debt Collection Practices Act (FDCPA) was originally designed to protect debtors against abusive actions taken by collection agencies when they are pursuing a debt. There are numerous violations that may cause penalties against the debt collector to be paid to the borrowers or applied to the balance of the account. Two of the […]

How Nonjudicial Foreclosure Discourages Homeowners from Saving their Homes

In nonjudicial foreclosure states, homeowners who believe they can fight back against the process face an additional challenge that borrowers in judicial states do not have to deal with. In a nonjudicial foreclosure process, the bank is able to proceed with selling a home at a public auction with no involvement by the local court […]

Foreclosure Auction Occurs but Ownership is Not Transferred?

At the end of the foreclosure process, once all of the notices have been sent and published and the lawsuit has ended, a public auction is held to dispose of the property. This typically called a sheriff sale or trustee sale, and is the event during foreclosure where borrowers’ ownership interest is transferred to the […]

Attorneys Engaging in Loan Modification and Foreclosure Scams

There is an amazing story in the August 2009 issue of the California Bar Journal about the growing number of complaints against lawyers and law firms offering mortgage help to homeowners. From investigating nine such complaints for all of 2008, the California State Bar is now investigating 391 complaints against 140 attorneys. What is causing […]

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