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.
Mortgage Foreclosure: Beware of Mortgage Servicers’ Tricks and Dodges.
The short answer is that there is a breach of contract by the servicer. The servicer made a deal, then refused to honor it. In such a situation is absolutely imperative for the borrower to get the matter before a judge in a context where the court can grant relief to the borrower. How that happens will vary from state to state. However, the homeowner cannot do it alone. An experienced lawyer (experienced in this field of the law) is required. And yes, if you can afford to pay under a reasonable workout plan and have equity in the property, you can afford a lawyer. The alternative is to lose the house. Do it and don’t wait.
Looking For Errors and Finding Them: One Judge’s Experience With Mortgage Foreclosure.
Posted by Cliff Tuttle (c) 2009
The New York Times ran an article today that should be instructive to people who wonder why there is so much controversy over mortgage foreclosures.
Judge Arthur M. Schack frequently dismisses mortgage foreclosure petitions on his own motion because the pleadings are just not right. Every one of the defects mentioned [...]