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Richard Paul Zaretsky
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Richard Zaretsky’s Legal Guides

31 total

  • Foreclosure Express vs the Little Engine That Could - In Court Short Sale Success!

    In another prime example of the FORECLOSURE EXPRESS vs. THE LITTLE ENGINE THAT COULD, this past week I defeated a lender's counter argument as to why the foreclosure sale scheduled for that day should proceed, even though the lender issued its short sale approval letter. The iss...

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  • MERS Mortgages Can't Be Foreclosed - Federal Judge Rules

    In a federal bankruptcy court decision in the influential Eastern District of New York, Judge Robert Grossman explained in a 37 page decision in In re: FERREL L. AGARD, Case No. 810-77338-reg that MERS must have specific powers from its "principal" to transfer the mortgage and pr...

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  • Clearing Buyer Funds - "Can't You Use Other Money in Your Escrow Account from Other Deals?"

    We closed a record number of transactions in December - a record at least for us - and one closing stands out for a disturbing statement by the buyer's real estate agent. As the closing agent and because this was a short sale and funds had to be disbursed to the lender immediate...

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  • HOW LONG DOES A FORECLOSURE TAKE IN FLORIDA? (PART 1)

    THIS IS PRESENTED IN 2 PARTS PART 1 How long does it take to be foreclosed? How long does it take to do a foreclosure in Florida? I always try to write about reality as opposed to theory. But when it comes to foreclosure litigation you need to understand the theory before yo...

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  • HOW LONG DOES A FORECLOSURE TAKE IN FLORIDA? (PART 2)

    PART 2 -- The Timing of Pleadings: The HOLDER's attorney's procedure for a foreclosure is usually pretty much standard: file and serve the complaint, then wait for the statutory time to answer (usually 20 days), then file a motion for summary judgment of foreclosure with the nec...

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  • BANK OF AMERICA SHORT SALE SUMMIT - MEETING REVIEW AND COMMENTS

    Some of my short sale staff and I met with Bank of America in Miami today at their Short Sale Summit. We had a nice small group that met twice this afternoon - and I got to ask and have answered several questions which I think are important to those agents who are working sh...

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  • A HOME WITHOUT EQUITY IS JUST A RENTAL WITH DEBT

    About a decade plus a few days from the date this is written our government was swimming in a budget surplus, and we as a whole, were substantially employed, had lots of equity in our homes and the prospects for our futures seemed bright. Few if any of us knew of - or if we ...

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  • i AM ENTITLED to a short sale!

    Your neighborhood is losing its owners through short sales and you hear stories of your neighbors that had big mortgages but are selling their homes for ridiculously low amounts (so you think) and apparently not having to pay the bank the deficiency of the amount still owed on th...

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  • FANNIE MAE SAYS STOP PAYING YOUR MORTGAGE IF YOU WANT A SHORT SALE

    In a gradual and interesting development, Fannie Mae servicers have determined that short sale applicants that are not at least 60 days late WHEN THEIR SHORT SALE APPLICATION (CONTRACT) IS SUBMITTED will be rejected without review of the short sale contract.This is quite differen...

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  • Bank of America New Short Sale Submission Package

    BANK OF AMERICA NEW SHORT SALE CONTRACT PACKAGE In the never-ending revision of lender rules for short sales, Bank of America recently released a new package of documents preliminary to considering a short sale of a mortgage held or serviced by them. This package of documents eli...

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