All Posts Tagged With: "court"
Why Foreclosures Should Be Slower
Down in Florida there’s an effort to hurry the foreclosure process by taking courts out of the process. According to the St. Petersburg Times, “Gov. Rick Scott, House Speaker Dean Cannon and Senate President Mike Haridopolos all say they are interested in considering legislation to change Florida laws so judges won’t have to referee foreclosures.” [...]
17Oct2011 | Peter G. Miller | 0 comments | Continued
The foreclosure story mortgage lenders fear most
This has been a dark and dusty year for mortgage lenders. There has been the robo-signing scandal, publication of Michael Hudson’s inside tell-all, The Monster, and buy-back claims by investors yelling fraud and asking for billions in compensation. But perhaps the worst news has been saved for last, a little-noticed decision in Ohio that could [...]
30Dec2010 | Peter G. Miller | 0 comments | Continued
What’s A Typical Foreclosure Fee?
When a lender seeks to foreclose a number of fees can arise. There will be, for example, a foreclosure fee paid to an attorney. If the property is auctioned off then the local sheriff or court will want a fee. There are typically an assortment of fees to be paid just to get the matter [...]
17Feb2010 | Peter G. Miller | 0 comments | Continued
Mortgage News: Investors Have Rights Too
What rights do mortgage investors have when loan servicers want to change loan terms? That is the essential issue in this case which pits Greenwich Financial Services Distressed Mortgage Fund 3, LLC against Countrywide Financial Corporation, now a part of Bank of America. Does the safe harbor provision created by Congress last March for mortgage [...]
20Aug2009 | Peter G. Miller | 0 comments | Continued
Mortgage Brokers Must Disclose Secret Fees, Says Judge
Figuring out how much you pay for a mortgage is like trying to determine the real cost of a new car, a lot of what you pay is hidden and unclear. Now James Robertson, a federal district judge based in Washington, DC, has decided that mortgage brokers will have to disclose their secret fees under [...]
31Jul2009 | Peter G. Miller | 1 comment | Continued
Judge To Lenders: Show Me The Note
With mortgage practices under fire on Capitol Hill and across the country, a federal court decision in Cleveland is now proving more important each day: Homeowners can’t be foreclosed unless mortgage owners actually go to court and prove they have the right to call the loan. At first this may seem unimportant. After all, when [...]
18Feb2009 | Peter G. Miller | 5 comments | Continued
Can we sell our late mother-in-law’s house?
Question: We’re having several brokers make presentations to sell my late mother-in-law’s home. How should we compare them? Is there a form we could use? Answer: Is this your property or is title still held by the estate? In the latter case, see what rights you have to sell and whether court approval is required [...]
3Sep2008 | Peter G. Miller | 0 comments | Continued
What Are The Three Basic Forms of Foreclosure Notices?
In general terms there are three forms of foreclosure notices: A Notice of Default — a public notice that loan payments have been missed. A Lis Penden — notice of a suit against a property owner. A Notice of Sale — essentially an announcement giving the time and date of a planned foreclosure sale. If [...]
1Sep2008 | Peter G. Miller | 0 comments | Continued
Why Do Courts Review Estate Sales?
In many states, property sales made by an estate are subject to court review. The reason is that real property is typically a major asset within an estate, and if such a major asset is sold for less than full market value the interests of the heirs will be injured (and, of course, perhaps the [...]
29Aug2008 | Peter G. Miller | 0 comments | Continued
What is “specific performance?”
Real estate transactions are based on written agreements between buyers and sellers. Such agreements typically have a number of clauses to assure that each party obtains certain benefits — basically the seller wants cash and the buyer wants the property. Whatever the price and terms of the sale agreement, it is expected that both parties [...]
27Aug2008 | Peter G. Miller | 0 comments | Continued
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