7 Defenses to Foreclosure in Massachusetts
This post provides a brief overview of various defenses to foreclosure available to homeowners in Massachusetts. (Originally posted in abbreviated form by Culik Law here.) 1. Standing to Foreclose – a/k/a “Show Me the Note” For your bank to foreclose, they must be entitled to enforce the promissory note that you signed at the closing. [...]
Continue Reading →Massachusetts Court to Wells Fargo: HAMP Loan Mods are Enforceable
Federal Judge F. Dennis Saylor, IV of the Worcester division of the United States Court for the District of Massachusetts has recently denied an attempt by Wells Fargo to dismiss homeowners’ claims against it. The issue was whether the trial loan modifications sent by Wells Fargo to homeowners were enforceable contracts. (Culik Law has a [...]
Continue Reading →Analysis of Recent Loan Mod Lawsuits Filed vs. Bank of America
The New York Times reports that the attorneys general of both Arizona and Nevada have filed major fraud lawsuits against Bank of America, the largest mortgage servicer in the United States, for its failure to comply with loan modification requirements. The Nevada lawsuit claims that Bank of America misled vulnerable homeowners in numerous ways, including [...]
Continue Reading →Attorney Josef Culik has filed suit today in federal court in Boston, Massachusetts against Bank of America on behalf of a client for violation of the Home Affordable Modification Program (HAMP) and violation of the Fair Debt Collection Practices Act.
Continue Reading →More Foreclosures to Hit Massachusetts
“Despite signs that the Bay State housing market is recovering, lenders started many more foreclosures in April than they did a year earlier. Foreclosure petitions, the first step in seizing a home, rose 21 percent to 2,431 last month, according to the Warren Group. While the number of petitions in April slipped 6 percent from [...]
Continue Reading →More Mortgage Companies Being Sued for Predatory Lending (CNN)
CNN reports that predatory lending lawsuits are increasing, and many homeowners are winning: “While many of these suits are still winding their way through the legal system, some banks have already settled for millions of dollars.” Defendants include some of the biggest names in the mortgage business — Wells Fargo, CitiMortgage, and Bank of America [...]
Continue Reading →Homeowners Need More Lawyers to Help Stop Foreclosure
The foreclosure crisis is also a legal crisis, a new study says. When homeowners struggling to pay their mortgages try to find lawyers help them fight to hang onto their homes, many can’t do so, reports USA Today. Hiring a private lawyer to help with the complex proceedings can easily cost $5,000. And legal aid [...]
Continue Reading →Loan Modification Resource – Institute for Foreclosure Legal Assistance
As the nation’s foreclosure epidemic continues to worsen, the Center for Responsible Lending has formed the Institute for Foreclosure Legal Assistance (IFLA) to support groups giving legal representation to families facing foreclosure and financial ruin because of abusive subprime mortgages. The National Association of Consumer Advocates will manage the project, which recognizes that one of [...]
Continue Reading →How to Avoid Foreclosure Rescue Scams (FTC video)
The Federal Trade Commission has released a video for consumers on how to avoid foreclosure rescue scams. This is extremely useful. Many states are now in the process of prohibiting foreclosure rescue transactions outright. For example, the Massachusetts Attorney General has promulgated 940 CMR 25.02 prohibiting all for-profit foreclosure rescue transactions. Foreclosure rescue (as opposed [...]
Continue Reading →From Mortgage Lending to Loan Modification
Technorati Tags: Massachusetts,loan modification,Countrywide,mortgage Many of the mortgage brokers who helped get homeowners into unaffordable loans are now billing themselves as “loan modification” providers to their former clients, helping them mitigate the mortgage mess that they share the responsibility for creating. Now, former Countrywide executives have take this idea to a new level: they’ve formed [...]
Continue Reading →Untitled Document "I cannot thank you enough for the stellar work you did on my Loan Modification. I tried it myself with no success. You were the expert I needed! You were friendly with me and relentless with the bank. You never lost patience nor spirit. You took it to every level necessary to win. AND WIN WE DID. The Modification you obtained cut over a thousand dollars from my monthly mortgage payment! I can keep my house!" Sincerely yours, Robert N.
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