Foreclosure Legal Guides (169 found)

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Yael Kaner
Written by Yael Kaner
Contributor Level 4

If you are confused about all the terms tossed around and are unsure about what options you have and what is best for your family....you are not alone. Below is a short attempt to provide some guidelines. For your specific case, it is best you contact an attorney.
Howard Robert Roitman
Written by Howard Robert Roitman
Contributor Level 6

If It's Too Good to be True, It Probably Is. To protect yourself from opportunity hunters and frauds: * Contact your lender or mortgage loan servicer and try to negotiate a payment plan. * Work with reputable Lawyers & non-profit housing or financial counselors.
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Written by Joshua David Donnelly
Contributor Level 3

This is a basic outline of the steps involved in a judicial foreclosure in Florida. It is meant for non-attorneys who may be confused as to the general timeline and steps involved when they are looking at foreclosure.
Rodney H Grafe
Written by Rodney H Grafe
Contributor Level 3

Yes, but fortunately, many lenders are trying to work with people to "modify" an existing loan. When it does not work out there can be a VERY short period between finding out the answer is "no" and a foreclosure sale date. Filing a Chapter 13 bankruptcy may be the only way to save your home.
Josef Culik
Written by Josef Culik
Contributor Level 3

How to stop foreclosure and modify your mortgage -- Tips from a Massachusetts lawyer. Attorney Josef Culik is a Massachusetts-licensed lawyer and founder of Culik Law P.C. His office assists Massachusetts homeowners with foreclosures and difficult loan modifications.
Jeffrey Lawson Baxter
Written by Jeffrey Lawson Baxter
Contributor Level 5

Whenever a Borrower delivers to a lender a deed-in-lieu of foreclosure, usually in exchange for the lender's release on the Borrower's mortgage, under Florida Statutes §201.02(1) the release will be considered a discharge of an obligation and qualifies as "consideration" under Rule 12B-4.013(2)
Edward W. Harness
Written by Edward W. Harness
Contributor Level 3

Wisconsin is a Judicial Foreclosure State, in other words the lender must sue you in order to take possession of you home. Unless, you consented to a "power of sale clause" then the Non-Judicial Foreclosure process must be followed.
Warren Alan Kirshenbaum
Written by Warren Alan Kirshenbaum
Contributor Level 4

A recent Massachusetts Land Court decision invalidated certain foreclosure sales because the foreclosing entities were not the mortgage holders “at the time” of the foreclosure, nor did they have a valid assignment of the mortgage pursuant to Massachusetts law. This opens up a realm of possibilities
Dillon Gardner Coil
Written by Dillon Gardner Coil
Contributor Level 4

On August 19th, the Nevada Supreme Court appointed the first 97 mediators pursuant to the landmark Foreclosure Mediation Program (Assembly Bill 149) passed by the Nevada Legislature during the 2009 session. Two of those mediators include our very own Keen Ellsworth and Todd Moody.
Richard L. Weldon II
Written by Richard L. Weldon II
Contributor Level 3

The key to every mortgage foreclosure is to understand and address both arms of the foreclosure process - the bank arm and the legal arm. The bank arm consists of negotiations with the bank concerning loan modifications, short sale, or deed in lieu. The legal arm is the defense against the lawsuit.
Felix R. Carrillo
Written by Felix R. Carrillo
Contributor Level 4

Yes! The foreclosure process is handled by the lender's attorney and many times they are not in contact with the lender directly as they get hired by a third party servicer or administrator. Until you reach a written agreement modifying your loan you must file some sort of a response.
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Written by Leonard Peter Cabral
Contributor Level 3

Federal law now applies to tenants in state foreclosure proceedings. Judges can no longer issue a Writ of Possession for a tenant in possession of a home they occupy under an oral or written lease.
Margery Ellen Golant
Written by Margery Ellen Golant
Contributor Level 8

The law varies greatly from state to state regarding deficiency judgment availability and enforcement after foreclosure. A deficiency judgment allows a lender after foreclosure to sue on and to collect the remainder of the loan balance. In Florida, there is a very real risk of deficiency judgment.
Moises Aguilar
Written by Moises Aguilar
Contributor Level 4

You or your loved one lost a job, became ill, or otherwise suffered a hardship that has put you face-to-face with F-word. This guide provides you with some observations on how to [better] deal with Foreclosure. These observations are drawn from my experiences with real stories - my clients.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

Reinstatement of the loan is a right given by the Illinois Mortgage Foreclosure Act which allows the Mortgagor (the Borrower) to cure the default.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

A Borrower in Foreclosure has the right to refinance, however finding a willing lender is difficult.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

Often when asked what defenses an individual may have against a bank in foreclosure case, Attorneys will say there is no known defense. The fact of the matter is there are defenses and everyday people are saving their homes by becoming informed on this important subject.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

This is the industry terminology for when the Borrower goes on the offense and actually sues the lender for the wrongs committed upon the Borrower.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

With the explosion of Foreclosures coupled with the massive lack of information about the subject matter has resulted in many people falling victim to scam artists claiming that they can help.
Ahmad Tayseer Sulaiman
Written by Ahmad Tayseer Sulaiman
Contributor Level 5

Few people know much about the process. Foreclosure law is a very specialized area of the law. Because no two Foreclosures are identical, general answers are often wrong. Finding individuals to give good advice is often difficult.

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