Tag Archives: foreclosure lawyer

A Frighteningly Good Deal on DIY Mortgage Review Products!

Foreclosure News & Short Sale Information - Foreclosure Attorney & Pre Foreclosure Experts Discuss Short Sales, Foreclosure Laws & Foreclosure Defense – ForeclosureIndustryNews.comIn the spirit of Halloween, my favorite holiday, I’m offering you a scary deal to help you find the “goblins” hiding in your loan and foreclosure paperwork.

What MAY be lurking in your documents is a lot scarier than the ghouls and goblins showing up for candy on Halloween…if you DARE to find out!

Seriously, I want this material to reach as many people as possible, which is why I am offering a new promotional code.

From Friday through Sunday night, use promo code 12FLASH at checkout* when you purchase anything at DIY Mortgage Review.

In Loan Audit Tip #2, I showed you how the problems in your loan documents could help you defend a foreclosure. As always, you should work with an experienced foreclosure defense attorney in the state where the property is located.

If you haven’t felt challenged by the material in Loan Audit School™ so far, don’t worry: it’s about to get more complicated! I hope you decide to stick with it because this material can change a lot of outcomes for a lot of people.

Thanks for following my lessons and reading this blog!

*Instructions for coupon code: Visit DIY Mortgage Review to take advantage of this offer. Once you make your selections, a box will appear in your cart for the promotion code. Enter 12LAUNCH and click “Update Cart” to see the new price. Then, check out using Paypal.

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Loan Audit School™ Lesson 3: Things to Look for in a TILA/RESPA Review

Short Sales, Information, News, Data, Defense, Lawyer, Pre-Foreclosure I’m pleased to present Lesson 3 of Loan Audit School.™

I’m posting an extra lesson this week so that all lessons are available publicly by the end of 2012.

In this lesson, I’ll cover some (not all) of the issues you should look for during a TILA/RESPA review.

There’s more to look for during a TILA/RESPA review, so watch for another to see the rest of these issues to look for. There are quite a few things to look for, and you may even learn of some others in your research.

Also, don’t forget to look at the Loan Audit Tips category here on the blog to see some other things to research while you are investigating your own loan or others’ loans.

Go here to get the handout.

Go here to get the Finance Charge Worksheets.

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New Jersey’s Judiciary May Allow Banks to Foreclose Despite 2010 Order Halting Foreclosures (Part 2)

Short Sales, Information, News, Data, Defense, Lawyer, Pre-ForeclosureChristine’s note: this is the second in a three part series about a New Jersey foreclosure matter I recently worked on under the supervision of New Jersey attorney Dennis Scardilli. Go here to see Part 1.

If you look at paragraph 2 of the definition of ‘uncontested’ foreclosure, it says:

“(2) none of the pleadings responsive to the complaint either contest the validity or priority of the mortgage or lien being foreclosed or create an issue with respect to Plaintiff’s right to foreclose it;”

That means, in order to contest the foreclosure, you can only dispute 1) the validity of the mortgage (example: “Defendant denies that he/she has a Mortgage with Plaintiff”) or; 2) plead an issue with respect to Plaintiff’s right to foreclose the Mortgage.

By the way, the second paragraph of number 3, is important too. It says:

“An allegation in an answer that party is without knowledge or information sufficient to form a belief as to the truth of an allegation in the Complaint shall not have the effect of a denial but rather of leaving the Plaintiff to its proofs, and such an allegation in an answer shall be deemed noncontesting to the allegation of the complaint to which it is responsive. R. 4:64-1(c)”

If you’re pro se, it’s easy to waive your rights under this section. If you tell the court “Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph ___ of the Complaint,” the court will consider your response to be an admission of that allegation, and then, your foreclosure becomes ‘uncontested.” So, you may wind up in an uncontested foreclosure even when you think there are material issues that should be raised.

The problem is, this Rule prevents homeowners from raising material issues with respect to foreclosures. If you don’t plead of one or both of those two specific issues, you have an uncontested foreclosure case. There is no provision to plead any other material issues under the Rule.

The rule does not consider that foreclosure litigation requires adjudication of issues that are not limited to the mortgage. An example would be the determination of whether Plaintiff complied with the New Jersey Fair Foreclosure Act. Additionally, the question of whether Plaintiff can enforce the Note, and the value of the Note, is relevant.

The judiciary has provided the following statement on its website:

“The foreclosure process in New Jersey is a two tiered system involving both Superior Court General Equity judges and the staff of the Office of Foreclosure. The Office of Foreclosure is a unit in the Administrative Office of the Courts, Civil Practice Division.

The Office’s Attorneys review complaints for compliance with statutory, case law and court rule requirements; review filed answers to determine whether an answer is uncontesting; review service of process and recommend entry of default; process routine motion and orders; review final uncontested judgment packages for completeness and confirm that computation of the amount due on the underlying debt.

If a pleading creates a dispute requiring a judicial decision, the foreclosure file is sent to the General Equity judge in the county of venue. After the dispute is resolved by the General Equity judge, the case file is returned to the Office of Foreclosure for handling as an uncontested foreclosure action.

An Answer is considered uncontesting when it does not dispute the validity of the mortgage, the priority of the mortgage or create an issue with respect to the plaintiff’s right to foreclose. An uncontesting answer also may recite that the party is without knowledge or information sufficient to form a belief as to the allegations and to leave the plaintiff to its proofs.”

A foreclosing Plaintiff obtains final judgment by making an application to the Administrative Office of Foreclosure per R. 4:64-1(d). Under that rule, the foreclosing entity submits proof of the amount due on the Note; however, the Defendant has no right to a judicial hearing to dispute the facts presented by the Bank pursuant to R. 4:65-1(d)(2).

Christine here: I think there is a due process rights deprivation problem built right into New Jersey’s foreclosure system. No right to a judicial hearing on material issues? How can that be allowed?

As always, you should consult with an attorney in the state where your property is located for help with these types of issues. In this instance, if you answer incorrectly, you could find yourself in an uncontested foreclosure, and if the Court gives the banks permission to resume foreclosures on uncontested cases, you will definitely need a lawyer to help you navigate this process.

I have one more post about this project, so stay tuned for Part 3, coming later this week.

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Loan Audit School™ Lesson 2: How to Use the Finance Charge Worksheets

foreclosure, short sale, pre foreclosure, foreclosure attorney, foreclosure news, foreclosure information, foreclosures, foreclosure defense, foreclosure lawyer, short sales, foreclosure attorneys, foreclosure lawyers, United States, US, Florida, FL, Miami Florida, Tampa Florida, Orlando Florida, Georgia, GA, Atlanta Georgia, Arizona, AZ, Phoenix Arizona, Illinois, IL, Foreclosure Industry News, foreclosureindustrynews.com, www.foreclosureindustrynews.com, Chris Springer, Christine SpringerI’m pleased to present Lesson 2 of Loan Audit School.™  (Click the “Read More” button below if you can’t see the video.) For this lesson, I explain how to use the Finance Charge Worksheets, which are worksheets in Excel format that I developed while I was learning to audit loans.

I still use these worksheets for all the loans I review. I primarily use the worksheet on the first tab, called the Loan Details page. I print this out and use it during my familiarization with the loan documents I’m reviewing. It’s very helpful to use this worksheet because it gets the mountain of documents off my desk. Clutter drives me crazy and the fewer documents on my desk the better. A clean desk helps me stay focused.

And that reminds me: auditing loans burns up a lot of energy from sustained concentration. If you feel yourself getting tired during the process, get up, get something to drink, go for a walk, or have a snack. Even after several years of looking at loan paperwork I rarely do the research and write the report in the same day. After I finish a report, I give myself a day or two break in between audits. There’s just no way I could maintain the level of focus and concentration auditing requires day after day.

The full package of worksheets has five tabs, including the Loan Details tab. There is a tab with a worksheet for charges that are “NOT Included,” “Included,” “Questionable” and Calculations. The video lesson covers the explanation in more depth.

The worksheets are included with the DIY Mortgage Review for Borrowers product, so if you have purchased that product, you should already have these worksheets.

If you are purchasing the worksheets as you go through the lessons, they are sold separately for $7 at DIYMortgageReview.com. You can also get the Lesson 2 handout here.

 

 

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New Jersey’s Judiciary May Allow Banks to Foreclose Despite 2010 Order Halting Foreclosures (Part 1)

Short Sales, Information, News, Data, Defense, Lawyer, Pre-Foreclosure Christine’s note: This is the first in a three part series about my work on a New Jersey foreclosure defense matter.

Last week I worked with New Jersey attorney Dennis Scardilli on a foreclosure defense matter there. I learned a lot in two days, so I’m going to share what I’ve learned in a series of blog posts about the 2010 New Jersey Order to Show Cause, which made headlines because it halted foreclosure sales.

So, let’s back up a bit. You may remember that in 2010, the judiciary in New Jersey issued this Order to Show Cause, titled:

“Order Directing the Named Foreclosure Plaintiffs to Show Cause Why the Court Should Not Suspend the Ministerial Duties of the Office of Foreclosure and the Superior Court Clerk’s office Regarding the Processing of Certain Uncontested Residential Mortgage Foreclosure Actions, Stay Sheriffs’ Sales in Those Foreclosure Actions, Appoint a Special Master Pursuant to Rule 4:41-1 to Investigate Questionable Foreclosure Practices, and Appointing an Attorney to Appear in Support of the Proposed Relief.”

This may be the longest Motion title I’ve ever seen. I’m not making this up, either.

In that motion, the judiciary, sua sponte (means the Court did it on its own Motion) Order to Show Cause by the Court stated,

“This Court, in consultation with the staff of the Office of Foreclosure, has become increasingly concerned about the accuracy and reliability of documents submitted to the Office of Foreclosure. The court has therefore determined that immediate action in the form of an Order to Show Cause is necessary to protect the integrity of the foreclosure process in New Jersey and to assure the public that the process going forward will be reliable.”

A lot of bloggers were hailing this as a Christmas miracle in that it effectively halted foreclosures for a lot of homeowners during the 2010 Christmas season.

Fast forward to 2012: It’s been almost two years, and the banks have asked permission to foreclose on uncontested foreclosure cases from 2010. They filed this Order to Show Cause asking that they be allowed to essentially pick up where they left off in uncontested foreclosure cases.

In case you’re thinking, “Well, they’re uncontested, so what’s the big deal?” Well, this is frightening because in New Jersey, ‘uncontested’ doesn’t mean what you think it means.

Foreclosures are uncontested when:

(c) Definition of Uncontested Action. An action to foreclose a mortgage or to foreclose a condominium lien for unpaid assessments pursuant to N.J.S.A. 46:8B-21 shall be deemed uncontested, if, as to all Defendants,

(1) A default has been entered as a result of failure to plead or otherwise defend; or

(2) none of the pleadings responsive to the complaint either contest the validity or priority of the mortgage or lien being foreclosed or create an issue with respect to Plaintiff’s right to foreclose it;

(3) All the contested pleadings have been stricken or otherwise rendered noncontesting.

An allegation in an answer that party is without knowledge or information sufficient to form a belief as to the truth of an allegation in the Complaint shall not have the effect of a denial but rather of leaving the Plaintiff to its proofs, and such an allegation in an answer shall be deemed noncontesting to the allegation of the complaint to which it is responsive.

R. 4:64-1(c)

Why is this a problem? Stay tuned for Part 2!

What’s Hiding in Your Loan and Foreclosure Documents? Find out in Loan Audit School™!

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