Monthly Archives: September 2011

2012 the year of the foreclosure defender

THE ART OF FORECLOSURE DEFENSE Foreclosure defense is exploding. Foreclosure defense is the fine art of keeping a homeowner in their home for as long as possible, without the homeowner paying the mortgage. A good foreclosure defender can keep a … Continue reading

Posted in Foreclosures Short Sales Mortgage Litigation, Uncategorized | 2 Comments

Mortgage Forgiveness Debt Relief Act Expires in 2012

September 26, 2011: The time is limited for homeowners who want to ensure they aren’t hit with a big tax bill because they had to walk away from a mortgage obligation. At the height of the housing crisis, when foreclosures … Continue reading

Posted in Foreclosures Short Sales Mortgage Litigation, Uncategorized | 10 Comments

Bank of America will ask judge to narrow scope of Nevada’s claims

Bank of America filed a request to the U.S. District Court in Nevada for a case management conference to simplify what it sees as an opened ended case leading to “unprecedented breadth and complexity” for the case of Nevada v. … Continue reading

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A reverse bail-out, governments file flury of lawsuits against lenders

In a relentless flury of lawsuits, federal state and now county governments are filing lawsuits against lenders alleging both novel and old causes of action. Most recently, the lawsuits are reviving the the three-year-old “MERS produce the note” argument, only … Continue reading

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Asembly Bill 284 AB 284 Nevada

Assembly Bill 284 AB 284 passed by the Legislature this year should help. Assembly Bill 284 will tighten the foreclosure process, increasing the requirements of lenders planning to foreclose. It takes effect on October 1, 2011. Cortez Masto and Assembly … Continue reading

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A California demurrer in a mortgage lawsuit

Shortly after filing a mortgage lawsuit in California, the lender will file a demurrer. In Nevada, a demurrer is called a motion to dismiss. California judges are all over the place when it comes to demurrer rulings. Here is an … Continue reading

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Lender Defenses Against a Mortgage Lawsuit- So Why Settle?

Potential lender defenses against a mortgage lawsuit will include the following: 1- It was not the lender’s alleged misrepresentation (it was a misrepresentation by the buyer or independent appraiser) that caused the loan to go bad. It was not the … Continue reading

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Foreclosure Complaint Website

FORECLOSURE COMPLAINT WEBSITE: Major U.S. banks plan to launch a common website, toll-free phone number and advertising campaign in the coming weeks to solicit complaints from consumers harmed by problems in foreclosure processing, a top regulator said Monday. Last spring, … Continue reading

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Underwater homeowners should analyze three things

September 19, 2011: Underwater homeowners who have decided to fix their negative equity problem should carefully analyze three (3) things before they determine what to do: 1) the lender’s reputation; 2) the homeowners situation; and 3) the political and legal … Continue reading

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Banks ordered to conduct review of foreclosures for borrowers

Banks will soon roll out a single website and phone number for borrowers whose loans were handled by the 14 servicers to request an internal review of their foreclosures. Loan servicers are hiring or redeploying thousands of employees to handle … Continue reading

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