Search for: "In re Foreclosure of Deed of Trust" Results 101 - 120 of 185
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15 Nov 2011, 5:55 am
Calvo alleged that the foreclosure sale was not valid under California law because there was no assignment to the deed of trust from CBSK to HSBC. [read post]
14 Nov 2011, 9:06 am by Mandelman
   In one, the only comment made about the foreclosure crisis, was made by Mitt Romney who said, “Don’t try to sop the foreclosure process. [read post]
7 Nov 2011, 7:47 am by Ira Meislik
And, that is even if they have started foreclosure or similar actions. [read post]
20 Oct 2011, 4:38 pm by Mandelman
In December 2007, MERS assigned the deed of trust to defendant HSBC Bank. [read post]
23 Sep 2011, 6:00 am by Chris Jones
The court concluded that the term “Lender” must be construed as applying to any subsequent purchaser of the note and deed of trust. [read post]
12 Sep 2011, 8:55 am
Robosigning is a symptom of a bigger problem: the massive number of real estate mortgage-backed security trusts that aren't properly funded. [read post]
If there is a 2nd or 3rd deed of trust on your house, and the property isn't worth as much as you owe on the1st deed of trust, you can treat the junior lien(s) as unsecured. [read post]
If there is a 2nd or 3rd deed of trust on your house, and the property isn't worth as much as you owe on the1st deed of trust, you can treat the junior lien(s) as unsecured. [read post]
3 Sep 2011, 3:06 am by Mandelman
” According to Max and countless others with experience litigating these cases, you will rarely, if ever find that the parties, A, B, C, D etc. made the proper assignments of the mortgage or deed of trust or transfers of the note. [read post]
24 Aug 2011, 1:17 pm
Third, it's important that you understand the two elements that make up a mortgage or deed of trust. [read post]
29 Jul 2011, 5:23 pm by Mandelman
Bankruptcy courts in California, on the other hand, at times have been far more critical of MERS, the need to record the assignment of the Deed of Trust, and even proving ownership of the note. [read post]
13 Jul 2011, 11:21 am
Rather, the deed of trust gives the trustee the right to accelerate the loan and sell the property at an auction in the event of a default. [read post]
8 Jul 2011, 7:48 pm by Adam Levitin
[In re Veal never addressed the issue of whether UCC 9-203(g) applies to deeds of trust (which are sale and repurchases, not liens); the language of 9-203(g) could be read not to apply, but that need not concern us here.] [read post]
29 May 2011, 5:20 pm by Mandelman
” So, apparently this language appears in EVERY Deed of Trust, including yours, your Honor. [read post]
19 May 2011, 4:33 am by Mandelman
§ 33- 811 provides in pertinent part: (B) . . .The trustee’s deed shall raise the presumption of compliance with the requirements of the deed of trust and this chapter relating to the exercise of power of sale and the sale of the trust property, including recording, mailing, publishing and posting of notice of sale and the conduct of the sale. [read post]
5 May 2011, 11:36 pm by Mandelman
The bill would require a mortgage servicer to whom the provisions described above apply, to perform specified actions as part of foreclosing on a residential mortgage or deed of trust, including compiling a record documenting compliance with those provisions, which would be signed, certified, and transmitted to the foreclosure trustee or authorized agent. [read post]
4 May 2011, 1:01 pm by rnahoum
   Invalidation of Sale, Foreclosure, or Seizure of Service-Member’s Property Under the SCRA, any sale, foreclosure, or seizure of property for breach of security including a mortgage or deed of trust will be invalidated, if made during the period of military service or up to 90 days thereafter except where it is done by court order or upon written waiver. [read post]
3 May 2011, 9:43 pm by Mandelman
  And Part 2, which was passed in 1998, included a provision added in conference that required the borrower to sign off on the deed of trust. [read post]
2 May 2011, 4:40 pm by Rich Vetstein
The remedies are: (1) sue the foreclosing lender for damages, (2) sue to force the lender to fix the deficiencies with the original foreclosure and re-foreclose, or (3) obtain a deed from the original owner, if the person is still even around. [read post]