Archive for the 'Foreclosure Legal Process' Category

Foreclosure and the FHA - Preforeclosure Requirements Lenders Often Violate

The US Department of Housing and Urban Development (HUD) has established requirements that lenders must meet in order to bring a legitimate foreclosure action against homeowners. These rules apply to mortgages that are insured by the Federal Housing Administration (FHA) and include a number of steps lenders and servicing companies must follow before foreclosing on […]

If the Banks Wants to Foreclosure, Make it Prove it Owns Your Note

One of the defenses to foreclosure that is becoming more widespread is the so-called “produce the note” strategy. Numerous cases have been thrown out once the bank has been unable to prove it owns the loan and can show the original note. Without having possession of the original note and being able to produce it […]

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 […]

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 […]

Officially in foreclosure- Questions and Answers

If you have officially received a foreclosure notice from you bank, you may several questions that need to be answered quickly.  This article is to help people who are past pre-foreclosure and now in foreclosure.  Here you will find answer to some of the most asked questions when in foreclosure.
I have received a foreclosure notice […]

Foreclosure Process Questions and Answers

If you are facing foreclosure, you are going to have a lot of questions on your mind about what exactly is happening.  In this article, I’m going to go over some of the most commonly asked questions that people have when it comes to the foreclosure process.
What is Foreclosure?
Foreclosure is when a secured creditor, a […]

Understand The Different Types of Foreclosure

When facing and trying to avoid foreclosure, it is important to understand which type you are dealing with.  All types of foreclosures do have one main thing in common, which is that they involve the lender taking back property that a borrower has failed to make regular payments on their secured loan.  This rest of […]

What is a Deed of Trust, anyways??

A deed of trust is a financial instrument used in some states in place of a mortgage.  It essentially is the transfer of interest in land or property by a mortgagor-borrower to a mortgagee-lender to secure the payment with collateral of the borrowers debt.  A deed of trust or “trust deed” serves the same purpose […]

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