Servicer violated the Security Deed by misapplying payments, failure to return excess escrow and failure to follow Federal regulations and instructions in MI disclosures. I want to file a claim for declaratory relief and judgement and claim for quiet title before a foreclosure is filed. When does a breach void the deed? You can find the appeals record where the mortgagee lost but hard to get more information because all the cases are sealed from public view.
You are not going to get a free house, so if that is what you are thinking, forget it. Any misapplication of payments can be corrected, and is not necessarily going to stop or be a defense to mortgage foreclosure. You need to retain the right type of attorney, if you are to have any real chance to save your home. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. You should not be restricted by geographic factors. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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