Search for: "Matter of Foreclosure of the Deed of Trust"
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22 Jun 2010, 1:43 pm
California law currently protects Sacramento area residents against deficiency judgments on their first deed of trust. [read post]
5 May 2011, 10:17 pm
The new law includes a moratorium on what are referred to as Part 1, non-judicial foreclosures, and amends Part 2, nonjudicial foreclosures to no longer require the borrower’s signature on the Deed of Trust. [read post]
25 Jul 2017, 9:36 am
So this may not be the last word on the matter. [read post]
15 Jun 2011, 2:59 pm
So, as one might expect, actually putting hands on an original note or deed of trust may be a bit more difficult than it sounds.Meanwhile, the borrower opposing the foreclosure in the North Carolina court...the one that hasn't paid a penny against the loan since 2009 avoided foreclosure (at least today) and, for now, the lender continues to carry the debt. [read post]
2 May 2011, 4:40 pm
Broad Effect Bevilacqua’s case could affect the securitized trusts that bundled mortgages and sold securities to investors. [read post]
18 Feb 2010, 12:06 pm
Our firm would welcome the opportunity to assist you with any mortgage, foreclosure, or loan mitigation matters. [read post]
23 Aug 2014, 6:52 pm
A New York Probate Lawyer said this action to vacate a deed or impress a constructive trust was originally initiated by a man, and was transferred to another court by order. [read post]
6 Dec 2009, 6:44 am
” The deed of trust was recorded. [read post]
15 Aug 2016, 7:10 am
In the Weinberg case, the plaintiff, a pro se lien claimant that recorded two different liens, one pre-foreclosure and one post-foreclosure, and who had not received notice of the intervening foreclosure, argued, among other things, that he should have been given notice of the foreclosure on the deed of trust on the property by J. [read post]
29 Jul 2011, 5:23 pm
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]
3 Sep 2011, 3:06 am
” 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]
14 Aug 2008, 4:54 am
Warranty Deeds typically have a "subject to clause", excepting matters such as zoning ordinances, taxes and assessments not yet due and payable, certain matters (or all matters) of record and survey matters. [read post]
21 Mar 2010, 2:27 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]
3 May 2011, 9:43 pm
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]
7 Aug 2012, 3:15 pm
BRANCH BANKING & TRUST CO. of VIRGINIA, Plaintiff, v. [read post]
26 Feb 2015, 4:09 pm
” In other words, the deed of trust or mortgage has to have been given to secure a “purchase money loan” in order for the borrower to be protected from a deficiency in a judicial foreclosure action. [read post]
20 Dec 2016, 7:37 am
If there is a recorded deed of trust or mortgage instrument, and there virtually always is, the loan is a secured loan. [read post]
16 Jan 2008, 8:33 pm
In simple terms, loans are governed by a deed of trust (contractual agreement) and laws that govern lenders and protect homebuyers. [read post]
27 Oct 2008, 9:26 am
With respect to any mortgage held by the estate or trust to continue it upon and after maturity, with or without renewal or extension, upon terms as may seem advisable to the fiduciary and to foreclose, as an incident to collection of any bond or note, any mortgage and purchase the mortgaged property or acquire the property by deed from the mortgagor in lieu of foreclosure; i. [read post]
1 Feb 2015, 8:37 pm
(F) A fiduciary acting under a will may exercise all of the powers granted by this subparagraph (5) notwithstanding the effect upon such will of the birth of a child after its execution or of any election by a surviving spouse. (6) To make ordinary repairs to the property of the estate or trust. (7) To grant options for the sale of property for a period not exceeding six months. (8) With respect to any mortgage held by the estate or trust (A) to continue the same upon and after… [read post]
