Topic

Foreclosures

868 published works

Texas Bankruptcy Blog March 23, 2013
Can Bankruptcy Halt Your Foreclosure?
By Bryan Fears
The short answer to this important question is usually, “Yes, but not always.” Many Americans qualify to file bankruptcy under Chapter 13 of the Bankruptcy Code. For these debtors,…
PropertyProf Blog March 20, 2013
The First Circuit Weighs in on MERS
By propertyprof
From Joe Singer's blog:State courts have disagreed about whether MERS (Mortgage Electronic Registration Systems) has standing to foreclose on property or to assign whatever interest it has in the mortgage…
Texas Bankruptcy Blog March 11, 2013
Non-Recourse Loan
By Bryan Fears
A non-recourse loan is protection for the homeowner/borrower in a residential mortgage. Should the borrower default, the lender is prohibited (either by the terms of the note or by state…
Texas Bankruptcy Blog March 8, 2013
Show Me The Note
By Bryan Fears
In most states, a common defense to a home foreclosure is the “original note” theory which challenges the validity of a non-judicial trustee sale. In essence, the homeowner demands that…
Massachusetts Land Use Monitor March 5, 2013
SJC Seeks Friendly Advice On Ability Of MERS To Foreclose
By Donald Pinto
The Supreme Judicial Court (SJC) is soliciting amicus briefs in Galiastro v. Mortgage Electronic Registration System, Inc., an appeal that presents the issue of whether the defendant, MERS, has standing to foreclose in its own…
PropertyProf Blog March 5, 2013
The Mortgage Shell Game
By propertyprof
In the NY Times, Elizabeth Lynch reviews the mortgage settlement between the federal government and the big banks:a year later, it’s clear that the settlement hasn’t worked as planned. Banks…
Eminent Domain and Real Estate Valuation February 26, 2013
Foreclosures Hit 6-Year Low
By David Snyder
According to the firm RealtyTrac, national foreclosure filings fell to a six-year low in January. The report states that foreclosures dropped 7 percent in January from December 2012, with foreclosure…
Texas Bankruptcy Blog February 20, 2013
When HAMP Fails
By Bryan Fears
Millions of American debtors are struggling to make ends meet. Burdened with a mortgage they cannot service and a house they cannot reasonably sell, many debtors have become delinquent on…
Georgia Bankruptcy Blog February 8, 2013
Imminent Foreclosure Grounds For Waiver Of Pre-Petition Counseling Certificate
By Sunghee Sohn
In In re Stanley, 2012 Bankr. LEXIS 6031 (Bankr. N.D. Ga. Nov. 8, 2012), the debtors certified that they tried to obtain credit counseling but were unable to complete it…
PropertyProf Blog February 5, 2013
Map of the Day: The Property Tax Mess in Detroit
By propertyprof
Gak! LOVELAND Technologies has created a map of the property-tax status of the entire city of Detroit. The results are predictably depressing. Yellow properties are tax delinquent. Orange lots are…