Protecting Tenants at Foreclosure Act / Tenants' Rights in Foreclosure
The Protecting Tenants at Foreclosure Act was adopted in 2009 to address the problem of the eviction of tenants on short notice following the sale of their home in a foreclosure action.
The Act requires that a tenant under a bona fide lease be able to remain in the leased propert... more...
How a Home Loan is Securitized.
The above graphic describes what happens to a note that is securitized. The mortgage in this scenario is transferred to Mortgage Electronic Registration Systems, Inc. (MERS). MERS was supposed to maintain records of ownership of the mortgage. In most cases MERS only maintained r... more...
Bank Lis Pendens Prevents Subsequent HOA/Condo Lien & Foreclosure
Most homes built in the last thirty years are subject to deed restrictions or are condo units subject to declarations of condominium, and are subject to the payment of maintenance fees and assessments. What this means in the current foreclosure crisis is that when an owner finall... more...
Motion for Summary Judgment / A Trap for the Pro-Se Homeowner
When a foreclosure case is filed it is served on the homeowner by a process server. This is accomplished by hand delivering a copy of the complaint and summons to the homeowner. Service can also be accomplished by publication in a newspaper, which presents other issues, but that ... more...