North Carolina General Statute 45-21.16 addresses power of sale foreclosures in the State of North Carolina. The statute dictates that the hearing for the power of sale foreclosure is held before the... more
Under early English and U.S. law, the mortgage was treated as a complete transfer of title from borrower to the lender. The lender was entitled not only to... more
Many people who default on their home loan and apply for a loan modification soon become frustrated by the process because the lender is stringing them along like a yo-yo. This guide is intended to... more
The Statute of Limitations As Applied to Mortgages
By Edward Pamintuan, Esq.
Foreclosure defense practitioners have not come up with a definitive answer as to whether the standard 4 years statute... more
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... more
As the 2007 burst of the real estate bubble continues to depress home values and the job market continues to be bleak, many people are considering a short sale or foreclosure to get out from under... more
I haveraised the issue of the Plaintiff's failure to comply with the Pooling and Servicing Agreement in a number of different procedural settings. In Ashtabula County, the trial court has allowed... more
When you've fallen on tough times your original mortgage payment may not be affordable. A loan modification can lower your payment by lowering the interest rate, extending the time period to repay,... more
As a further sad saga on the false hope of Quiet Title lawsuits being a fabulous answer to homeowners trying to invalidate their mortgages, a Florida foreclosure defense attorney who tried the scheme... more