foreclosure: Foreclosure Defense: Dead Man Served with Foreclosure Papers
- 05/23/11 11:02 PM
Foreclosure defense attorneys have long alleged that process servers occasionally file false affidavits in support of personal service in foreclosure matters. Some homeowners are defending themselves stating that mortgage lenders did not serve them properly. Contrary to the sworn affidavit of process server Robin Lucas-Peters on one local foreclosure case, the homeowner was not served at all. Having died on August 4, 2010 "personal service" upon him on April 21, 2011 was simply not possible. "It's equivalent to perjury," said Andrew Dinnerstein, the Sunrise attorney representing the family of the deceased. "The system is being abused to such an extent that … (1 comments)
foreclosure: Strategic default and the FICO credit score
- 04/23/11 11:30 PM
One of the major distinguishing factors between a strategic default and any other mortgage default is that a strategic default is a deliberate business decision. The homeowner has the ability to make payments but simply decides not to because the property value is less than the balance owed on the mortgage. These defaults take lenders by surprise as borrowers often have excellent credit histories and meet all of their other financial obligations. Considered a viable strategy for managing troubled assets in an era of record foreclosures, high unemployment and government bail-outs, millions of Americans are considering strategic default or strategic foreclosure. … (0 comments)
foreclosure: Fund to help hardest-hit Floridians
- 04/10/11 04:22 AM
Are you unemployed or underemployed and unable to pay your mortgage on time? The Florida Housing Finance Corporation announced last week that Floridians having difficulties making their mortgage can apply for financial assistance from the Hardest-Hit Fund (HHF) beginning next Monday. On April 18 at 9 a.m., the program will become available to troubled homeowners in all 67 Florida counties. "We're now in the position to offer this financial assistance statewide to the people out there who are desperately struggling to stay in their homes," said Steve Auger, executive director of Florida Housing. "For the homeowners who qualify, this temporary relief … (0 comments)
foreclosure: US Supreme Court Rules Against Debt Collector
- 04/25/10 01:59 AM
Debt collectors can no longer claim ignorance of the law as an excuse for violating the Fair Debt Collections Practices Act (FDCPA) while attempting to collect a debt. On Wednesday, the United States Supreme Court handed down a ruling that severely restricts the "bona fide error" defense under the Fair Debt Collection Practices Act for debt collectors that send erroneous collection notices. In a 7-2 ruling, the high court ruled that collection law firms could not use misinterpretations of the law in a "bona fide error" defense under the FDCPA. In the matter of Jerman v. Carlisle, McNellie, Rini, Kramer & … (0 comments)
Foreclosure defense attorneys have long alleged that process servers occasionally file false affidavits in support of personal service in foreclosure matters. Some homeowners are defending themselves stating that mortgage lenders did not serve them properly.
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