Search for: "In re Foreclosure of Deed of Trust" Results 121 - 140 of 185
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29 Apr 2011, 5:24 pm by Mandelman
  I promise you… when all this is over, you’re going to wish you had just let the dang bill get disemboweled in the House… if that’s really what would have happened. [read post]
11 Apr 2011, 4:47 pm
A recent California bankruptcy court decision ( In re: Eleazar Salazar) found a foreclosure invalid because of failure to record an assignment of the Deed of Trust. [read post]
31 Mar 2011, 7:55 pm by Adam Levitin
Here's what the proposal says: Servicer shall implement processes reasonably designed to ensure that Servicer has properly documented an enforceable interest in the promissory note and mortgage (or deed of trust) under applicable state law, or is otherwise a proper party to the foreclosure action (as a result of agency or other similar status), including appropriate transfer and delivery of endorsed notes (which may be endorsed in blank) and assigned moretgages or… [read post]
21 Mar 2011, 7:20 am
Less well known is AB 1321, which requires banks to record mortgage deeds, trusts and assignments within 30 days of execution. [read post]
18 Mar 2011, 7:31 am by Mandelman
  I just can’t help but wonder when, if ever, we’re going to see any action taken against any of the “too-big-to-fail” financial institutions, or perhaps the reality is that they’re “too-big-to-prosecute,” as well. 2. [read post]
3 Mar 2011, 8:42 pm by Mike
BAC Home Loans Servicing is a mortgage fraud case where the plaintiff borrowed $660,000 from Bank of America in exchange for a deed of trust on her property in Bolina, California. [read post]
1 Mar 2011, 5:11 pm by Mandelman
Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. [read post]
24 Feb 2011, 8:37 pm by Mandelman
Requires a non originating beneficiary on a deed of trust, to record a summary document that contains past names and addresses of prior beneficiaries, the date, recordation number and a description of the instrument that conveyed the interest of each beneficiary. 2. [read post]
17 Feb 2011, 7:26 am by A.L. Braun
First, subordination: Tenant agrees that its lease is subordinate (junior) to the lien of the mortgage (in Virginia, a deed of trust). [read post]
14 Feb 2011, 7:07 am by Mandelman
Bank, as the trustee for one First Franklin Mortgage Loan Trust 2006-FF12, Mortgage Pass-Through Certificates, Series 2006-FF12… which all just means that we’re talking about a REMIC trust containing a securitized pool of mortgages… moves to obtain relief from the automatic stay created by a Chapter 7 bankruptcy filing, in order to complete the foreclosure of Ferrel Agard’s home. [read post]
29 Jan 2011, 6:36 am by Mandelman
  While the bank was promising to work with plaintiff, it was simultaneously complying with the notice requirements to conduct a sale under the power of sale in the deed of trust, commonly referred to as a nonjudicial foreclosure or foreclosure. [read post]
3 Jan 2011, 9:21 am by David C. Winton
Written consent of the holder of the first deed of trust or first mortgage to that sale shall obligate that holder to accept the sale proceeds as full payment and to fully discharge the remaining amount of the indebtedness on the first deed of trust or first mortgage. [read post]
15 Dec 2010, 3:57 pm by David C. Winton
Well, I have been told that, anecdotally, letting a home go by short sale may enable a borrower to re-qualify to buy a new home sooner than would likely be the case in the event of a bankruptcy or foreclosure. [read post]