MERS Note Assignments »
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Mar 2, 2010 in Foreclosure Defense | 0 Comments
An investigation into a foreclosure defense will include tracing the rights to a mortgage and its underlying promissory note. MERS is very careful to only execute assignments of mortgages and not of notes. I’ve never seen it assign a note, and I’m reliably informed that MERS’ bylaws prohibit it from owning rights to a note.
(A promissory [...]
(A promissory [...]
Transferring Rights to a Note »
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Feb 28, 2010 in Foreclosure Defense, Foreclosure Process | 0 Comments
Foreclosure defense requires tracing the rights to a mortgage to make sure that the foreclosing party has the right to foreclose. It also requires tracing rights to the payment obligation represented by the underlying promissory note, to insure that the foreclosing party is actually owed the money.
(A promissory note is a payment obligation. A mortgage [...]
(A promissory note is a payment obligation. A mortgage [...]
Selecting the Right Lawyer »
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Jan 30, 2010 in Foreclosure Defense | 0 Comments
Take a breath. Slow down. You know better. Don’t act from panic, act from common sense.
You select an attorney the same way you make any other important decisions. Ask questions, lots and lots of questions. How many cases have you worked on? What were the outcomes? How long have you been working in the specific [...]
You select an attorney the same way you make any other important decisions. Ask questions, lots and lots of questions. How many cases have you worked on? What were the outcomes? How long have you been working in the specific [...]
300 California law firms investigated for mortgage modification scams »
By Chip Parker, Jacksonville Consumer Attorney on Jan 25, 2010 in Foreclosure Defense, Mortgage Modification | 0 Comments
As a Florida foreclosure defense attorney who personally meets with 25 new distressed homeowners every week, I am often the second lawyer consulted about the foreclosure. The first lawyer is usually a California lawyer promising a mortgage modification, and the outcome is always the same: My clients complain that they got absolutely nothing for their [...]
Top 4 Reasons To Call A Foreclosure Defense Attorney »
By Andy Miofsky, Illinois Consumer Law Attorney on Jan 24, 2010 in Featured, Foreclosure Defense | 0 Comments
Don’t wait until it is too late, contact a foreclosure defense lawyer as soon as you fall behind in your mortgage payment.
Foreclosure Litigation is No Miracle »
By L. Jed Berliner, Marlborough & Springfield, MA Foreclosure Defense Attorney on Jan 24, 2010 in Foreclosure Defense, Predatory Lending | 0 Comments
There are realistic hopes with foreclosure litigation. It can stall a foreclosure and lead to an affordable resolution.
There are also unrealistic hopes. A deceptive adjustable rate mortgage doesn’t hurt you if you can’t pay the original payment. An unenforceable retroactive assignment probably won’t help you if your foreclosure begins after the date of the assignment. [...]
There are also unrealistic hopes. A deceptive adjustable rate mortgage doesn’t hurt you if you can’t pay the original payment. An unenforceable retroactive assignment probably won’t help you if your foreclosure begins after the date of the assignment. [...]
Fighting Foreclosure – Keep Meticulous Notes Of Conversations »
By Carmen Dellutri on Jan 19, 2010 in Foreclosure Defense, Foreclosure Process, Mortgage Modification | 0 Comments
As a mortgage foreclosure defense attorney, I get asked quite a few questions about the foreclosure process. Fighting Foreclosure is one of the hottest topics in the legal world today. The best part of fighting foreclosure is the great facts that we hear from our clients. The best cases are the ones where the clients [...]
Killing Two Birds With One Stone: Attack The Consumer Attorney While Benefiting Creditors »
By Karen Oakes, Southern Oregon Mortgage Law Attorney on Jan 11, 2010 in Foreclosure Defense, Foreclosure Process, Mortgage Issues In Bankruptcy, Uncategorized | 0 Comments
A recent ABI article promotes the use of anti-consumer attorney litigation to prevent homeowners from being able to obtain representation in foreclosure cases by threatening consumer attorneys with possible litigation for “deepening insolvency”.
You signed the mortgage but not the note. So what? »
By Chip Parker, Jacksonville Consumer Attorney on Dec 31, 2009 in Foreclosure Defense, Foreclosure Process | 0 Comments
As a foreclosure defense attorney, I am often asked about the difference between a note and mortgage in the context of a foreclosure. If you think back to the day you closed on your home loan, you can probably recall signing a bunch of papers, none of which you read or understood. That’s pretty common.
Well, [...]
Well, [...]
Does Fannie Mae or Freddie Mac own my loan? »
As a Florida foreclosure defense attorney, one thing I’ve learned is that mortgage servicers don’t want homeowners to know who owns their loan. In about half of all foreclosure complaints I see, the servicer is the plaintiff, and the identity of the owner is not revealed in the pleadings.
Generally speaking there are 4 owners of [...]
Generally speaking there are 4 owners of [...]
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