Thursday, November 11, 2010

foreclosure defense


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

eric seiger

FFDBA at Wexler Foreclosure Town Hall by MikeWas


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

eric seiger

FFDBA at Wexler Foreclosure Town Hall by MikeWas


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

FFDBA at Wexler Foreclosure Town Hall by MikeWas


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger eric seiger
eric seiger

FFDBA at Wexler Foreclosure Town Hall by MikeWas


eric seiger
eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...



Many homeowners are not quite clear on how the foreclosure process works in their state, especially due to differences between judicial and nonjudicial foreclosure proceedings. State law and federal lending law may also affect how the process moves forward, as HUD-guaranteed loans or those insured by the FHA can complicate the matter even further.

For mortgages owned by HUD (not just insured or guaranteed by the agency), a type of nonjudicial foreclosure may be pursued even if the state in which the property is located requires judicial foreclosure procedures to be used. The statute is called "Single Family Mortgage Foreclosure" and it replaces applicable state law. Even if no power of sale clause is included in the mortgage contract, HUD may use the nonjudicial foreclosure process.

This clause clearly seems to go against the right to contract, as it negates certain aspects of mortgage contracts used by borrowers and lenders. There may also be unlawful taking issues when the federal government affects foreclosure laws and redemption rights. In addition, there is no required pre-foreclosure meeting or hearing for the borrowers.

In order to sue homeowners for foreclosure and obtain a judgment against them, the lender must prove three aspects of its case:

1. There is a valid mortgage between the lender and borrowers
2. The homeowners are in default of the mortgage contract
3. Foreclosure procedures have been followed according to the law

If the bank does not follow the foreclosure procedures for notice or court requirements, even a sheriff sale may later be voided.

One positive aspect of the judicial foreclosure process is that homeowners can raise claims against the lender that would otherwise have been barred by statute of limitations regulations. For instance, even if the statute of limitations for Truth in Lending Act violations has passed, borrowers may still raise these issues in a defense of a foreclosure case. But if the foreclosure is through nonjudicial procedures, these claims may not be allowed by the court.

All states allow homeowners the right to redeem their property by paying off the loan in full (plus interest, costs, and other applicable fees) prior to the sale of the house. Nineteen states give borrowers the right to reinstate their mortgage by curing the default and paying the amount past due plus applicable costs and fees. This must be done before the sheriff sale of the property in order to be accepted by the lender.

When homeowners file bankruptcy to stop foreclosure or delay a sale, they do not give up substantive or procedural defenses to the bank's attempts to take their home.

In many cases, the mortgage company does not strictly follow the pre-foreclosure procedures dictated by state and local laws. In these cases, courts have found that strict compliance is necessary for a foreclosure to go forward. Foreclosure is such a harsh remedy to the problem that these strict requirements are necessary for lenders to follow.

If a lender accepts late payments from a homeowner, it may be waiving its right to accelerate the mortgage later on in the case of default. Courts have found that allow late payments and not insisting on future on-time payments may be a waiver of the right to accelerate. The state of Maine goes even further than this and states that accepting a payment after foreclosure procedures have been started but before the right of redemption ends is considered a waiver of the right to foreclose on the home at all.


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

Great <b>news</b>: Jobless rate expected to drop in 2012 to … 8.5% « Hot Air

Everything on the upside will be predicated on the notion we are done with this socialism crap and that is fragile by it's very nature. Reactions to bad news right now could exaggerate. I am confident about that much. ...

BillBoard - Blogs - The Buffalo <b>News</b>

The Buffalo News updated every day with news from Buffalo, New York. Links to national and business news, entertainment listings, recipes, sports teams, classified ads, death notices.

FAIR Blog » Blog Archive » Fox <b>News</b>: The No. 1 Name in Murder <b>...</b>

With its biggest new star, Glenn Beck, Fox News hired a host well-known for on-air death fantasies--for instance, chattering about killing filmmaker Michael Moore with his bare hands and hoping out loud that Rep. ...


eric seiger

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