Foreclosure Related Topics 
Sawin & Shea
APRIL 20, 2021
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. How the Foreclosure Process Works in Indiana.
Account Recovery
JUNE 29, 2021
Compliance CFPB COVID-19 Foreclosure
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Account Recovery
JUNE 23, 2021
In this case, protections put in place to keep renters and homeowners in their residences and not face evictions or foreclosures may continue through the end … The post Waters Seeks Foreclosure Moratorium Extension as CFPB Preps Rule appeared first on AccountsRecovery.net.
Account Recovery
APRIL 6, 2021
The NPRM follows a compliance bulletin that the … The post CFPB Issues NPRM Seeking to Halt Foreclosures Until 2022 appeared first on AccountsRecovery.net.
Account Recovery
AUGUST 18, 2022
AG Over Foreclosure Failings, Excessive Collection Calls appeared first on AccountsRecovery.net. A mortgage servicer will pay $3.2
Albuquerque Law
NOVEMBER 8, 2022
Are you facing foreclosure? If you are currently in court litigation due to foreclosure, you can still apply! By Elizabeth Friedenstein, Associate Attorney, Giddens + Gatton Law, P.C. New Mexico has up to $20,000 available in FREE money to help homeowners!
Jimerson Firm
FEBRUARY 1, 2021
On Tuesday, March 23, 2021 from 10:00 AM-11:00 AM, four of our partners will present Properly Handling Mortgage Foreclosures: Learn Solutions for Streamlining the Process, Overcoming Obstacles & Maximizing Recovery. Meadows will discuss common questions surrounding foreclosures.
Nerd Wallet
JULY 16, 2021
If you stop making payments on your mortgage, the property may go into foreclosure, which is when the lender takes legal ownership of your home. The article What Is Foreclosure?
Sawin & Shea
AUGUST 24, 2022
When you’re going through the process of filing Chapter 13, foreclosure cannot occur because you’re granted an automatic stay, meaning that lenders cannot pursue your debts and recover collateral, including your home. Can I Stop Foreclosure with Chapter 13 Bankruptcy?
Consumer Finance
APRIL 4, 2021
The Consumer Financial Protection Bureau (CFPB) today proposed a set of rule changes intended to help prevent avoidable foreclosures as the emergency federal foreclosure protections expire.
Troutman Sanders
JANUARY 10, 2023
On December 30, 2022, New York Governor Kathy Hochul signed the Foreclosure Abuse Prevention Act (FAPA) into law.
Jimerson Firm
AUGUST 24, 2020
Since 2013, residential foreclosure actions in Florida have been significantly shortened—from over two (2) years to possibly less than six (6) months—because of the new “fast-track” process provided in section 702.10, Florida Statutes. Bringing a Residential Foreclosure Action?
Consumer Finance Watch
JANUARY 17, 2023
Hochul signed the Foreclosure Abuse Prevention Act (Act). New York Law Journal, January 11, 2023 Diana M. Eng and Andrea M. Roberts ● On Dec. 30, 2022, Gov.
ABI
JANUARY 22, 2023
John's University School of Law American Bankruptcy Institute Law Review Staff Section 362 of title 11 of the United States Code (the “Bankruptcy Code”) provides that the filing of a bankruptcy petition results in an automatic stay generally enjoining all actions, including a foreclosure sale, against a debtor or its property. [1] 4] In January 2018, Bayview obtained a judgment in the state foreclosure action and the LLC and Fogarty were each named as defendants. [5]
Jimerson Firm
JANUARY 28, 2021
When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower.
Consumer Finance Watch
JANUARY 12, 2023
1 (2021), which, among other things, held … Continue reading → The post <i>New York Law Journal</i>: Can the Foreclosure Abuse Prevention Act Survive a Constitutional Challenge? New York Law Journal, January 6, 2023 Diana M. Eng and Andrea M.
Jimerson Firm
DECEMBER 8, 2020
The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). What Does Form 1.996(a), Final Judgment of Foreclosure, Include? Bringing a Residential Foreclosure Action?
Roths Child Law
APRIL 16, 2021
Once foreclosure starts, you need to act quickly or risk losing everything you have invested in your home. Unfortunately, the tech executive who owned the home had financial issues and saw his property at risk for foreclosure auction multiple times.
Jimerson Firm
MAY 17, 2021
In order to maintain a foreclosure action against a borrower, lenders must ensure they can establish “standing”. Standing is a fundamental requirement for a foreclosure, as lenders who desire to initiate a foreclosure proceeding are required to have standing.
Jimerson Firm
SEPTEMBER 28, 2020
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.
Jimerson Firm
JULY 7, 2020
In 2010, the Florida Supreme Court amended Florida Rule of Civil Procedure 1.110(b) to include a verification provision in foreclosure complaints. The post Bringing a Residential Foreclosure Action?
Jimerson Firm
FEBRUARY 15, 2021
In Florida, mortgage foreclosure lawsuits are filed in the county where the property is located. All mortgage foreclosure complaints must be accompanied with a filing fee. How Can a Foreclosure Sale be Cancelled and Rescheduled? The post Filing a Foreclosure Lawsuit?
Jimerson Firm
MARCH 24, 2021
On Tuesday, March 23, 2021, four of our partners presented Properly Handling Mortgage Foreclosures. This webinar addressed what is new in foreclosures, including recent developments in the law since the last foreclosure crisis and how banks can utilize the law to their advantage.
Jimerson Firm
JUNE 28, 2021
In Florida, a lender initiates a foreclosure by commencing a lawsuit in the county where the property is located. If the lender is successful, the lender will receive a final judgment of foreclosure from the court and the property will be sold at a public auction.
Burr Forman
AUGUST 14, 2020
On July 29, 2020, Florida Governor Ron DeSantis signed Executive Order 20-180 , which extended the moratorium on residential tenant evictions and residential mortgage foreclosures in the state through the month of August. The mortgage foreclosure and tenant eviction protections were put into place on April 2, 2020, when Governor DeSantis signed Executive Order 20-94. Commercial mortgagees may no longer claim protection from foreclosure under those orders.
Troutman Sanders
MAY 10, 2022
On May 3, the New York State Senate passed S5473D (Bill), which will apply immediately in all actions “in which a final judgment of foreclosure and sale has not been enforced.” ( See S5473D at Section 10.)
Jimerson Firm
MAY 25, 2021
In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale). See Serving a Defendant in a Residential Foreclosure Action by Publication.
Jimerson Firm
OCTOBER 9, 2020
In 2010, the Florida Supreme Court approved an amendment to the Florida Rules of Civil Procedure regarding mortgage foreclosures and enacted new forms, such as Form 1.996(b), Motion to Cancel and Reschedule Foreclosure Sale. Bringing a Residential Foreclosure Action?
Jimerson Firm
JANUARY 20, 2021
In response to the mortgage foreclosure crisis, the Supreme Court of Florida established a statewide mandatory mediation program for residential mortgage foreclosures. Check the Local Foreclosure Mediation Requirements.
Consumer Finance
NOVEMBER 9, 2021
Today, the Consumer Financial Protection Bureau (CFPB), jointly with other government agencies, announced a return to enforcement of critical protections for families and homeowners. Press release Mortgages Disasters and emergencies Real Estate Settlement Procedures Act (RESPA) Mortgage servicing
Burr Forman
AUGUST 24, 2021
The CFPB’s servicing rules will prevent a large number of foreclosures,” Agnello said. “It’s The post CFPB Servicing Rule Aims to Stave Off Another Foreclosure Crisis – American Banker appeared first on Burr & Forman.
Burr Forman
JULY 27, 2021
In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire. The post Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End appeared first on Burr & Forman.
Credit Corp
FEBRUARY 23, 2021
consumers are enduring—including mortgage payment forbearance of foreclosure. Mortgage forbearance is one tool to help protect homeowners from foreclosure due to temporary hardships, such as a job loss, natural disaster, or pandemic. The post Forbearance of Foreclosure?
Collection Industry News
SEPTEMBER 12, 2022
Illinois, Delaware and South Carolina had the Highest Foreclosure Rates; Completed Foreclosures Increase 28 Percent from Last Month. Foreclosure Market Report, which shows there were a total of 34,501 U.S. properties with foreclosure filings — default notices, scheduled auctions or bank repossessions — up 14 percent from a month ago and up 118 percent from a year ago. Foreclosure starts reach pre-pandemic levels nationwide.
Jimerson Firm
OCTOBER 22, 2020
Sometimes, foreclosure of a commercial property is the only option available to lenders and servicers to limit losses as a result of defaults on hotel and restaurant mortgages. Practically speaking, a commercial foreclosure action proceeds much the same as other civil actions.
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