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 [...]

Mortgage deficiencies after foreclosure.

Author’s note – Although not publicized, I am absolutely convinced there is a race in the State of Florida to prove which Floridian can do the dumbest thing.  Given recent actions by some bankers, lawyers and public servants, my guess is that the prize for first place must be pretty awesome.  This series will expose [...]

A Google search for” Massachusetts foreclosures” won’t easily get you to the information you need, such as what defenses do you have, how long is the foreclosure process, and how long can you stay after the foreclosure sale.
I know.  I’ve just tried it.  I got a long list of properties being sold through foreclosure, targeted [...]

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 [...]

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”.

When you sell your home for a price that is less than the total debt secured against the property it is often referred to as a “Short Sale”.  Due to falling home prices and booby-trap loans, a short sale is becoming one of the few alternatives to foreclosure. Does it help a hard pressed homeowner [...]

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, [...]

As a lawyer with 500 actively defended foreclosure cases throughout the state of Florida, I have argued nearly every conceivable foreclosure issue before dozens of Florida judges.  Clients often ask me, and I often ask judges, “What is the role of a judge in foreclosure cases?”
Don’t get me wrong.  I know the answer, but over [...]

I frequently have clients tell me that their homes are “in foreclosure.”  Upon reviewing the situation carefully, however, I find that the phrase “in foreclosure” may mean different things to different people, and it may be important to distinguish between those different meanings.
To me, as a lawyer in a judicial foreclosure state (where it takes [...]