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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. MORE
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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. MORE
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? MORE
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. MORE
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? MORE
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? MORE
On April 5, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPR) to amend Regulation Z, specifically to “prevent avoidable foreclosures” due to the COVID-19 pandemic “as the emergency federal foreclosure protections expire.” MORE
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. MORE
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. MORE
Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. MORE
Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. Lenders are not entitled to receive payments during the pendency of a case if the foreclosure is of an “owner-occupied residence”. MORE
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. MORE
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? MORE
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. MORE
59 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. MORE
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. MORE
The NPRM follows a compliance bulletin that the … The post CFPB Issues NPRM Seeking to Halt Foreclosures Until 2022 appeared first on AccountsRecovery.net. MORE
The Consumer Financial Protection Bureau (CFPB) today finalized amendments to the federal mortgage servicing regulations to reinforce the ongoing economic recovery as the federal foreclosure moratoria are phased out and which will help protect mortgage borrowers from unwelcome surprises as they exit forbearance. MORE
46 
Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. When Can the Foreclosure Sale Be Invalidated? MORE
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. In a shocking twist, the foreclosure sale that resulted in a dramatic eviction saw the property command only $7.3 Bankruptcy can be a powerful tool for those facing foreclosure. MORE
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. MORE
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 or Foreclosure? MORE
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? MORE
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. MORE
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. MORE
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. MORE
The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave open the question of whether businesses that conduct judicial foreclosures are “debt collectors” under the statute. . The Supreme Court limited its decision to nonjudicial foreclosures. By: Wayne Streibich , Diana M. Eng , Cheryl S. MORE
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. MORE
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? MORE
Anyone who has a lien on the property can join in on your mechanic’s lien foreclosure action which could include the general contractor and other subcontractors/suppliers. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases. Crossclaims That Arise During Foreclosure Cases. Anticipate and expect other subcontractors and those who have filed liens against the property to join in your foreclosure action. MORE
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. MORE
52 
Press release Foreclosure EnforcementOn December 18, 2020, the Consumer Financial Protection Bureau issued a consent order against Seterus, Inc. and Kyanite Services, Inc., MORE
69 
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? MORE
On March 18, 2020 the South Carolina Supreme Court issued an order suspending foreclosures and evictions until May 1. Chief Justice Beatty’s statement reads as follows: “On March 19, 2020, I ordered courts to reschedule evictions and delay foreclosure proceedings through May 1, 2020. MORE
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.
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.
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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.
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?
Account Recovery
JUNE 29, 2021
Compliance CFPB COVID-19 Foreclosure
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.
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.
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.
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.
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?
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
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
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.
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.
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.
Consumer Finance
DECEMBER 17, 2020
Press release Foreclosure EnforcementOn December 18, 2020, the Consumer Financial Protection Bureau issued a consent order against Seterus, Inc. and Kyanite Services, Inc.,
Credit Corp
FEBRUARY 22, 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?
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?
Jimerson Firm
MAY 19, 2021
Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside.
Jimerson Firm
MAY 26, 2021
Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. When Can the Foreclosure Sale Be Invalidated?
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.
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?
Credit Corp
FEBRUARY 22, 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 or Foreclosure?
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.
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. In a shocking twist, the foreclosure sale that resulted in a dramatic eviction saw the property command only $7.3 Bankruptcy can be a powerful tool for those facing foreclosure.
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?
Troutman Sanders
APRIL 22, 2021
On April 5, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPR) to amend Regulation Z, specifically to “prevent avoidable foreclosures” due to the COVID-19 pandemic “as the emergency federal foreclosure protections expire.”
Jimerson Firm
MAY 21, 2021
Except in cases of an owner-occupied residence, lenders are entitled under Florida law to receive payments during the pendency of a foreclosure proceeding. Lenders are not entitled to receive payments during the pendency of a case if the foreclosure is of an “owner-occupied residence”.
Burr Forman
JULY 30, 2020
On March 18, 2020 the South Carolina Supreme Court issued an order suspending foreclosures and evictions until May 1. Chief Justice Beatty’s statement reads as follows: “On March 19, 2020, I ordered courts to reschedule evictions and delay foreclosure proceedings through May 1, 2020.
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?
FFGN COLLECT NY
FEBRUARY 2, 2021
Anyone who has a lien on the property can join in on your mechanic’s lien foreclosure action which could include the general contractor and other subcontractors/suppliers. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases. Crossclaims That Arise During Foreclosure Cases. Anticipate and expect other subcontractors and those who have filed liens against the property to join in your foreclosure action.
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.
Consumer Finance Watch
MARCH 21, 2019
The United States Supreme Court holds businesses conducting nonjudicial foreclosures are not “debt collectors” under the FDCPA, but lenders and foreclosure firms should take note that the Court specifically chose to leave open the question of whether businesses that conduct judicial foreclosures are “debt collectors” under the statute. . The Supreme Court limited its decision to nonjudicial foreclosures. By: Wayne Streibich , Diana M. Eng , Cheryl S.
Consumer Finance
JUNE 27, 2021
The Consumer Financial Protection Bureau (CFPB) today finalized amendments to the federal mortgage servicing regulations to reinforce the ongoing economic recovery as the federal foreclosure moratoria are phased out and which will help protect mortgage borrowers from unwelcome surprises as they exit forbearance.
Consumer Finance Watch
FEBRUARY 2, 2021
Diana M.
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