Tracey Keith Dewrell’s Answers

The short answer to your question is yes. The case you site is an uncontested foreclosure action. All of the named defendants appear to have been properly served, failed to file an answer and are, therefore, in default. The motion for summary judgment was filed January 26, 2009. Because the MSJ is unopposed, Judge Remington will likely grant the motion and the property will thereafter proceed to sale. This case, however, appears to be stalled because the lender's attorney has not placed...

There is no reason the legal instruments you referenced cannot be executed, witnessed and notarized in Texas. Pursuant to the Full Faith and Credit clause of the U.S. Constitution, notarial acts performed by a Notary in one state have the same force and effect as if performed by a Notary in the respective state. You should, however, use a Florida attorney to prepare the documents.

Your credit will not be substantially effected.

A nonjudicial foreclosure in Georgia takes roughly 90 days. Following completion of the foreclosure, you will be served with a seperate dispossessory proceeding. The order entered in that proceeding will identify a more precise date.

Search the superior court records in the county where the property is located. Limit your search to civil cases. Cobb is online at http://www.cobbsuperiorcourtclerk.org/courts/Civil.htm. If a confirmation proceeding wasn't initiated within 30 days of the auction, break out the champaign. This Answer is limited to Georgia foreclosures only!

If you "act as a mortgage broker," you must be licensed. "Act as a mortgage broker" means, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, ... negotiating or offering to negotiate the sale of an existing mortgage loan to a noninstitutional investor. Fla. Stat. §494.001

A power of attorney can always be revoked. "I hereby give notice to [daughter] and all other interested parties that I withdraw every power and authority thereby given and declare the above Power of Attorney null and void and of no further force or effect." Consult an attorney to review the full form and content of the revocation and verify that it has been properly executed, witnessed and notarized. Persuade your father to use a specific power of attorney in the future which limits...

Less and except property taxes which take priority over everything else, a first lien is just that. The oldest recorded lien of record that hasn't been satisfied, released or otherwise expired. It's not the form of the instrument that determines its first lien position, its the time the instrument was filed in relation to others. If your objective is hold a first lien position on a property, run a title search on the subject property. If title is clean, whatever instrument you choose to record...

Unfortunately lenders have the unfettered discretion to choose their appraiser vendors and the custom of excluding certain vendors is not inappropriate so long as the "exclusionary list" is kept confidential and internal. Having said that, request a copy of the appraisal review. Respond to the review by delicately refuting the purported deficiencies and request your company be reinstated as an approved appraisal vendor. You may have to put some people on the spot over the phone and even...

Figure anywhere between three months to several years. If you don't contest the foreclosure, expect a short timeline. If you do, expect a longer one. The time from lis pendens to auction on a contested foreclosure will depend on a great number of factors such as the allegations denied, available and asserted affirmative defenses, lender's ability to prove its case, borrower's ability to survive summary judgment, if and when the borrower files bankruptcy, eligibility for short sale, availability...