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Bankruptcy vs. Foreclosure

Sawin & Shea

When you are struggling to pay your bills, there may come a point where you are faced with deciding between bankruptcy vs foreclosure. If you are facing foreclosure or bankruptcy, the best way to determine which choice is right for you is to speak with an experienced bankruptcy attorney. Bankruptcy vs. Foreclosure: Which is Worse?

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Understanding Indiana Foreclosure Laws

Sawin & Shea

When an Indiana homeowner is unable to make their mortgage payments, the lender eventually starts a foreclosure. The foreclosure process, if left to proceed, ultimately results in the house being sold off to settle all or part of the debt. Here are the important things you should know about Indiana’s foreclosure laws.

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Buyer’s Remorse: Vacating a Foreclosure Sale You Won by Mistake

Jimerson Firm

Did you win a foreclosure sale, only to find out later that you did not get what you thought you were bargaining for? Florida Courts have held that a foreclosure sale may be vacated and set aside on equitable grounds due to surprise, accident, or mistake imposed on complainant, and/or irregularity in the conduct of the sale.

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Evicting Homeowners and Tenants After Foreclosure Sale

Jimerson Firm

Oftentimes, when a lender forecloses on real estate collateral, the lender will purchase the property at the foreclosure sale. When the property is purchased at a foreclosure sale, the clerk of the court will file a certificate of sale and serve a copy of the certificate of sale on each party to the foreclosure lawsuit.

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US RMBS Loan Delinquencies Remain Stable; Foreclosures Edge Upward

Collection Industry News

Loan portfolio delinquencies for both bank and non-bank servicers remained stable in the first quarter of 2022 from the fourth quarter of 2021 and improved in certain categories,” said Fitch Structured Finance Director Richard Koch. Non-bank servicers, however, saw loan modification volume increase slightly to 21% from 20%.

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Serving a Defendant in a Residential Foreclosure Action by Publication

Jimerson Firm

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. It is important for the plaintiff to check the local rules in the county where the foreclosure action is filed to determine if there are any procedural requirements. 49.08, Fla. 1)(c), Fla.

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New York Amends Contact Requirements For Certain Delinquent Borrowers

Collection Industry News

Laws 48) , amending single point of contact requirements for certain delinquent borrowers. Impact of the Amendment : The amendment brings Section 6-o of the Banking Law closer to the language of New York’s Mortgage Loan Servicer Business Conduct Regulations (“Part 419” of the Superintendent of Financial Services Regulations).