· Foreclosure volume has declined but that doesn’t reduce the number of cases that are deficient and even fraudulent. As more senior Judges have more time to review the evidence, the legal presumptions sought by foreclosure mills and come to conclusions about the facts, they are increasingly suspicious about the claimant, the claim and the failure of proof of real facts.
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The good news is, the borrower is generally able to avoid acceleration by working out a loan modification or repayment plan with his or her lender to make up the delinquent payments; this is called mortgage reinstatement. Because lenders prefer not to own real estate, there are usually a variety of options available for borrowers to choose from.
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For the last few years I have been crossing the country giving lectures on what I now call the "Golden Rule of Mortgage Foreclosures," which is that such foreclosures cannot proceed without production of the original promissory note signed at the closing. A symposium at Western State University Law School last year at which I gave the keynote address turned into a law review article on point.
Can You Beat Your Foreclosure With The Statute of Limitations? The answer is no. The case law on Foreclosure’s and statute of limitations is still being decided by the appellate courts. Also how the statute of limitations will apply to your case depends upon additional facts not stated in your question. Go see and foreclosure defense attorney if you desire to get more details on the topic.
Ok I finally took action yesterday and the first house I contacted they were motivated. Ok, shes a out of town owner who hasnt been to the property in bout 4 5 years. She doesnt know anything about what she owes on her mortgage or taxes. How can I find out what she owes on her mortgage. The mortgage company I think she said it went under.
Kroll spent eight months investigating Stern’s firm and its ilk-a breed of deep-pocketed and controversial operations dubbed “foreclosure mills.” After sifting through thousands of pages of court.
Lender liability considerations lender liability is the result of a lender’s conduct; it is not an activity. Generally, lender liability arises from either a breach of a common law (or judicially created) obligation or
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