We will be discussing our Client who reinstated her loan (with Bank of America) prior to the foreclosure trustee sale of her property. The trustee informed my client they would be putting her sale on hold and if they did sell the proeprty they would announce Plaintiff had reinstated her loan. The trustee was Recontrust (a subsidiary of Bank of America) and although Plaintiff was informed that the sale would be put on hold, it obviously was not. A purchaser bought the property at auction for $198,000 then raced back to Plaintiff's house and coerced her into signing a … (0 comments)
This is a question we get all the time. For the most part, it appears trying the “produce the note defense” to a non-judicial foreclosure sale in Arizona (ex. Filing for a temporary restraining order or preliminary injunction in order to stop the non-judicial foreclosure strategy) will not prove to be a valid and viable defense. This outcome would be similar to the outcome a homeowner in California might experience (these are the two states the law offices of steve vondran is licensed to practice in). Here is the previous blog we wrote on this topic in California: http://www.foreclosuredefenseresourcecenter.com/2010/03/can-a-california-homeowner-demand-that-the-lender-or-loan-servicer-produce-the-note-as-a-foreclosure-defense-strategy/ … (0 comments)
phoenix foreclosure lawyer: Predatory Lending and the California Elder: Complicated Financial Products like the Reverse Mortgage and Pay Option Arms wreacking havoc!
- 01/22/10 08:41 AM
PREDATORY LENDING MEETS ELDER ABUSE: ARE LENDERS PERMITTED TO FORECLOSE ON PREDATORY OPTION ARM LOANS AND OTHER COMPLICATED FINANCIAL PRODICTS IN THE STATE OF CALIFORNIA? The following article discusses general legal information on the topic of elder abuse and foreclosure defense. This article contains general legal information and not specific legal advice. In addition, the article, cases, and analysis may not be complete and comprehensive or up-to-date. Steve Vondran, Esq. is licensed to practice law in California and Arizona. He practices law in the area of Real Estate, Bankruptcy, and Foreclosure Defense. He can be reached at steve@vondranlaw.com. INTRODUCTION TO ELDER … (0 comments)
phoenix foreclosure lawyer: Challenging predatory lending in the context of securitized loans - holder in due course overview.....
- 11/23/09 12:24 PM
Trying to Leverage Loan Modifications against the Assignee of the loan (who will undoubtedly argue they are not liable for any predatory lending violations committed by the loan originator) as they are a “Holder in Due Course.” By Steve Vondran, Esq. who is practicing Real Estate, Bankruptcy, and Foreclosure Defense in Arizona and California where he is licensed to practice law. He also holds a real estate broker's license in both states as well. Prior to becoming an attorney, Mr. Vondran also was a mortgage loan officer which has given him insight into the current financial crises. He can be reached … (0 comments)
phoenix foreclosure lawyer: Tenants rights in California following a foreclosure of investment property.
- 11/03/09 02:40 AM
The following is general legal information only and not to be construed as legal advice. California tenants have rights when residential property is being foreclosed upon. The following two sections apply where a lender, trustee, beneficiary or authorized agent is seeking to foreclose on residential real property in the State of California: (1) Under California Civil Code Section 2924.8 the following must be posted where the lender knows a tenant is in possession of residential real property subject to eviction (a) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following … (0 comments)
phoenix foreclosure lawyer: What is a Qualified Written Request (QWR) under the Real Estate Settlement Procedures Act (RESPA)oran
- 09/15/09 04:08 AM
Here is some basic information on RESPA qualified written requests as provided under the Real Estate Settlement Procedure Act (RESPA). RESPA COVERAGE: RESPA applies to a “federally related mortgage loan,” which is defined as: The term “federally related mortgage loan” includes any loan (other than temporary financing such as a construction loan) which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from one to four families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing … (0 comments)
phoenix foreclosure lawyer: Arizona Loan Modification Attorney: Get a Forensic Loan Audit If your Lender Made Errors They Should be Held Accountable
- 09/29/08 07:22 PM
Arizona Homeowners are you facing foreclosure? Have you received a notice of default? Are you running late on your home loan payments? Is your adjustable rate mortgage (ARM) about to adjust confronting you with staggering payments that you cannot afford? Do you have investment property that you want to see if you canget a loan modification on? Do you want to see if you have legal rights that may be able to force the lender into making a meaningful principle reduction to your mortgage? THESE ARE VERY SERIOUS TIMES AND YOU DO NOT HAVE TIME TO FOOL AROUND! YOU … (1 comments)
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