Mortgage Foreclosure: Vice President of What?
There have been so many foreclosures in recent years that it has become an undue burden on the time of officers of foreclosing parties to sign, let alone read, the cookie cutter pleadings that continue to pour into the courts. Truth is, the nominal plaintiffs, primarily trustees for real estate investment trusts, just want the non-producing assets promptly liquidated so they can be quickly sold. Don’t bother them with the details — somebody else is in charge of that anyway.
Protecting Tenants at Foreclosure Act.
Judging from the number of questions by tenants on the AVVO Question Board, there are a great number of tenants being displaced by mortgage foreclosures on the residential properties they rent. Moreover, the attorneys who are answering the questions seem to be unaware of the “Protecting Tenants at Foreclosure Act.” This statute, effective last Spring, permits most residential tenants of foreclosed properties to stay for at least 90 days and perhaps until the end of the lease term.
BankAmerica Takes Possession of Wrong House and Parrot.
The Complaint asserts numerous causes of action. However, the case is a slam dunk and the only issues is the amount of damages. After a mortgage foreclosure (which hadn’t happened) and sheriff sale, if the former owner doesn’t remove, the plaintiff must file a new suit to gain possession. Only then can the lender, now owner do what BA did.
Pittsburgh Legal Newslog:Obama Floats Trial Balloon to Stay All Residential Foreclosures Pending HAMP Modification Review.
Under this proposal, all residential mortgages in default would be screened to determine whether they could be modified under HAMP guidelines before foreclosure would be permitted to proceed.
Prepaid Legal Service’s Top 5 Request Categories.
Posted by Cliff Tuttle © 2010
A large prepaid legal service provider, Prepaid Legal Services, Inc., published its list of the top 5 categories of requests for its services last year. They are:
Real Estate, Landlord/Tenant Issues and Foreclosure – Approximately 358,000 requests for legal services that include residential and commercial real estate transactions, landlord and tenant issues [...]
AVVO Answers
Posted by Cliff Tuttle (c) 2010
Here is a link to all of my AVVO Answers on the AVVO lawyer rating website.
Florida to Mediate Mortgage Foreclosures.
Posted by Cliff Tuttle
April Charney, a legal services lawyer in Jacksonville Florida who has been a leader in mortgage foreclosure defense, reported the following on a real estate listserve known as Dirt:
The attached Administrative Order was entered by the Florida Supreme
Court and is now online. In the order, which sets up mediation for
homestead (and other) [...]
Pittsburgh Legal Newslog: Treasury Offers to Subsidize Qualified Short Sales Under New Guidelines.
Posted by Cliff Tuttle
DSNews.com Daily Dose, December 29, 2009.
Pittsburgh Legal Newslog: Foreclosure Mediation in Allegheny County has Saved 200 this Year.
Posted by Cliff Tuttle
Pittsburgh Tribune-Review, December 26, 2009.
Yes, There is a Lawyer Shortage.
Yes, there is a shortage of lawyers who know how to defend a mortgage foreclosure. This is mostly because there is a shortage of money to pay them. The Times recommends public funding of defense efforts or perhaps authorizing legal service lawyers to file class actions. Frankly, neither approach is likely to provide a real solution. Public funding has its limitations and they usually fall short of what is needed to successfully complete the task. Lawyers themselves must provide the solution.
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CLIFF TUTTLE has been a Pennsylvania lawyer for over 36 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.
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