Search for: "Matter of Foreclosure of the Deed of Trust"
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29 Mar 2012, 9:07 am
“May a party be a lawful ‘beneficiary’ under Washington’s Deed of Trust Act if it never held the promissory note secured by the Deed of Trust? [read post]
19 Sep 2007, 2:58 am
Had plaintiff acquired the property through foreclosure, for example, the taxes still would have had to be satisfied, the Carney debt would have been eliminated and, as such, so would any damages to plaintiff stemming from defendants' alleged malpractice (see Central Hanover Bank & Trust Co. v Roslyn Estates, Inc., 266 App Div 244, 248-249 [1943], affd 293 NY 680 [1944]). [read post]
29 Jan 2011, 6:36 am
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]
23 Jun 2010, 12:22 pm
If the foreclosing lender has availed itself of the “power of sale clause” in the deed of trust, then no deficiency is allowed. [read post]
20 Feb 2018, 7:47 am
However, there’s still the matter of recording the deed. [read post]
20 Feb 2018, 7:47 am
However, there’s still the matter of recording the deed. [read post]
8 Dec 2011, 10:08 am
The court examined the deeds to the properties, the state statutes dealing with implied trusts, Ga. [read post]
1 Mar 2011, 5:11 pm
Since MERS did not own the underlying note, it could not transfer the beneficial interest of the Deed of Trust to another. [read post]
8 Dec 2010, 7:39 am
This post will discuss the circumstance in which this relief is available through bankruptcy.It is generally understood that consensual mortgages or deeds of trust on real estate that is one's principal residence cannot be eliminated through bankruptcy. [read post]
7 Feb 2010, 6:14 am
” Goldman Sachs forecasts 14 million foreclosures in the next three years… others peg that number even higher… a lot higher actually, but no matter… everyone agrees there are going to be many millions of foreclosures to come. [read post]
5 Nov 2015, 6:47 pm
The court in Nassau Trust Company went on to explain that: "An estoppel "rests upon the word or deed of one party upon which another rightfully relies and so relying changes his position to his injury"'. [read post]
15 Oct 2008, 10:25 pm
Trust deeds are the banks way of kicking owners off their own property outside of court systems; if the owner can't pay the mortgage, for example. [read post]
30 Jun 2012, 11:30 am
It also awarded attorney's fees if there was a provision for them in the note or deed of trust. [read post]
7 Nov 2018, 11:54 pm
An attorney could have created a trust for Phillip, transferred ownership of the cars into the trust, and named his daughter as trustee. [read post]
9 Jun 2016, 8:43 am
The guardian’s execution of any obligation for the payment of money pursuant to this subsection shall not be held or construed to be binding on the guardian personally. (10) To pay taxes, assessments, and other expenses incident to the collection, care, administration, and protection of the ward’s estate. (11) To sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or… [read post]
16 Mar 2012, 6:33 pm
Superior Court (Santa Clara Partner’s Mortgage), S199613—Depublished Borrowers under a deed of trust sought a preliminary injunction to enjoin the trustee’s sale of their house. [read post]
22 Jun 2012, 12:51 pm
[For example, one of the deeds in question remained unrecorded for two years.] [read post]
12 Dec 2011, 5:30 pm
Adjunct Professor Saint Martin’s University In common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). [read post]
14 Feb 2011, 7:07 am
” The judge then begins to dig into the matter. [read post]
13 Aug 2023, 10:44 pm
Responsiveness: Timely responses are essential when dealing with legal matters. [read post]
