Following a long-established custom, Fannie Mae and other major lenders halt foreclosure evictions during the holidays. Some, including Bank of America. according to the private data firm.
Foreclosure Defenses for Homeowners. When someone has defaulted on a loan for their property, the lender may take steps to foreclose on the property and to sell it at auction to the highest bidder. However, there may be certain defenses that the homeowner can raise to defend against foreclosure.
We are the only law firm in Massachusetts [and most likely the United States] that has successfully argued three (3) foreclosure matters before a state supreme court, and we are the only law firm to ever successfully argue a foreclosure matter before the U.S. Court of Appeals for The First Circuit.
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In Florida, with one of the nation’s highest foreclosure rates, some law firms have made foreclosure defense a specialty. But few lawyers in St. Louis have taken up the cause.
A mortgage banking foreclosure practice requires that a lawyer be able to handle issues related to the origination of the loan, loss mitigation initiatives upon default, the foreclosure process, eviction or summary ejectment post-foreclosure, intervening consumer litigation, bankruptcy, and the disposal of the reclaimed real estate owned properties (REO).
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The court clerk receives the first cut to cover expenses. by arguing that without Florida Financial, surplus foreclosure funds would simply sit in the clerk’s office uncollected. Getting some money.
Trashed Out – Foreclosures Go Wrong as Lenders, Cleanup Crews Cut Legal Corners. A trash-out crew mistakenly entered the property three times to shut off utilities and remove personal property, he said. Lawyers in other suits contend that some lenders, their lawyers and property management firms are granting salvage rights to trash-out crews, who then take TVs, furniture and other personal property.
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Law firms handling thousands of foreclosure cases on behalf of mortgage lenders and servicers are drawing criticism from judges, who say roughshod filing practices are trampling borrowers’ rights.