Nerd Wallet

NOVEMBER 18, 2020

A wave of foreclosures will begin in 2021 unless lenders, nonprofits and the federal government coordinate effectively to prevent it. The COVID-19 pandemic will continue to touch every corner of the housing market in 2021. It will keep mortgage rates low and affect who will be able to buy homes. That’s not all. And housing.

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Albuquerque Law

NOVEMBER 8, 2022

Are you facing foreclosure? If eligible, the free money can be used to help pay for past due payments on your mortgage, utility bills, property taxes and homeowner insurance, as well as assistance with a possible decrease in the amount owed on a mortgage in order to prevent or avoid foreclosure.

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Consumer Finance

NOVEMBER 9, 2021

Today, the Consumer Financial Protection Bureau (CFPB), jointly with other government agencies, announced a return to enforcement of critical protections for families and homeowners.

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Troutman Sanders

JANUARY 10, 2023

On December 30, 2022, New York Governor Kathy Hochul signed the Foreclosure Abuse Prevention Act (FAPA) into law. The Engel decision allowed lenders and servicers to voluntarily pause the statute of limitations on foreclosures and reserve the right to restart the action again, as long as it was done within six years. Engel , 37 N.Y.3d

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Credit Corp

FEBRUARY 22, 2021

Amidst the chaos of the pandemic, federal and state governments have made efforts to protect against the financial strain U.S. consumers are enduring—including mortgage payment forbearance of foreclosure. Federally backed mortgages are protected against foreclosure through December 31, 2020. What Is a Forbearance?

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Jimerson Firm

SEPTEMBER 22, 2020

Parts 1-3 of this series explored alternative pre-foreclosure loss mitigation options for lenders including acceleration and enforcement of personal guarantees. This article explores Section 697.07, Florida Statutes, which governs the assignment of rents. Losing the Right to Collect Rents: Junior Foreclosure Sales.

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Jimerson Firm

JANUARY 26, 2021

Although the lender and borrower may agree to the assignment of rents in the loan documents, the procedure for enforcing the assignment of rent is governed by Section 697.07, Florida Statutes. This method can only be used if there is a pending mortgage foreclosure lawsuit. The Assignment of Rents Should be Recorded. 3d 932, 934 (Fla.

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Collection Industry News

JULY 18, 2022

The sole metric showing stress is in the foreclosure category, which rose marginally to 2% from 1% and to 3% from 2% for bank and non-bank servicers, respectively. Other exit strategies, such as short sales and deed-in-lieu of foreclosure, account for 26% of monthly loss mitigation workout volume, a small increase from the previous quarter.

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Sawin & Shea

APRIL 13, 2021

If you are struggling to pay your mortgage and other bills, the good news is that the CARES Act (Coronavirus Relief and Economic Security) has extended the deadline for when the foreclosure moratorium is due to expire. Can you sell your house if you are in a foreclosure situation?

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Collection Industry News

AUGUST 18, 2020

Does a judicial foreclosure action constitute “debt collection activity” under the Fair Debt Collection Practices Act (“FDCPA”)? Due to a mortgage borrower’s payment default, Federal National Mortgage Association (“Fannie Mae”) filed a judicial foreclosure action in Oregon state court, seeking to force a sheriff’s sale of the property.

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Jimerson Firm

AUGUST 19, 2021

While both bills affect the laws governing Florida condominium and homeowners’ associations, Senate Bill 56, specifically, changed the collection and notification procedures for these associations. After providing such notice, condominium associations must wait forty-five (45) days before filing a foreclosure action.

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Fico Collections

JULY 29, 2020

This all points to the likelihood of a protracted period of economic uncertainty as governments act to contain outbreaks when, and where, they appear. Using this framework, a bank can consider the costs of measures such as fee or interest waivers against the costs of foreclosure and charge off, along with any potential shortfall.

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Credit Corp

JUNE 12, 2023

This program offers a flexible framework for loans that helps eligible borrowers to modify their monthly mortgage payments and avoid foreclosure. The mortgage market has a few essential entities, including the government-sponsored enterprises called Fannie Mae and Freddie Mac. How Do Fannie Mae and Freddie Mac Work?

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Fraser

JULY 24, 2020

The ruling stems from a lawsuit filed in Oakland County Circuit Court (the “Circuit Court”), that challenged one part of Michigan’s tax foreclosure law contained in the Michigan General Property Tax Act (the “GPTA”). The case is now headed back to the Circuit Court to determine a remedy.

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Debt Free Colorado

DECEMBER 9, 2021

The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy. Short foreclosure protection – When your home is faced with foreclosure, the automatic stay is not in effect indefinitely. The lender protects the borrower against foreclosure. However, there are significant distinctions.

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Jimerson Firm

OCTOBER 21, 2020

and in the condominium’s governing documents. If a unit owner fails to pay assessments, the association has a statutory right to file a claim of lien and subsequent lien foreclosure. In other words, a legal action to foreclosure the lien must be commenced within one (1) year of filing the claim of lien. Perfecting the Lien.

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Jimerson Firm

JUNE 23, 2021

Quiet title actions are governed by Section 65.061 of the Florida Statutes. Therefore, lenders who have a mortgage interest in property, i.e., mortgagees, do not have a right to bring a quiet title action, unless it purchases the property at a foreclosure sale. What is a Quiet Title Action? Malt & Co. , 2d 53, 55 (Fla. 65.041, Fla.

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Burr Forman

SEPTEMBER 4, 2020

This leads some to fear that, without direct assistance for renters and/or landlords in the form of government funds, an even greater backlog of eviction cases will flood the courts once this CDC Order expires at the end of the year.

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Debt Free Colorado

APRIL 9, 2020

You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. This is fairly easy to accomplish with federal student loans, and because the federal government is working to waive interest on these loans, it won’t wind up costing you much in the long run.

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Jimerson Firm

FEBRUARY 2, 2021

Environmental Investigations are required, for example, before a lender or CDC can acquire the title to commercial real property collateral by purchasing it at a foreclosure sale or accepting a deed-in-lieu of foreclosure, or taking over the operation of a borrower’s business that uses a hazardous substance. SOP 50 10 5(E), Appendix 2.

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True Accord

MARCH 31, 2022

The four key trends we’re studying are: resumed foreclosure activity, extensive medical bills, the end of child tax credits and historically high inflation. In January, the foreclosure proceedings that were paused under the CARES Act resumed after an 18-month hiatus. But some definitely feel it more than others. million U.S.

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Troutman Sanders

MARCH 9, 2021

In deciding the issue presented to the court — “[w]hether the federal government has authority to order property owners not to evict specified tenants.” The court acknowledged the public health concern and the transmission of COVID-19 but was not persuaded by the government’s argument. Centers for Disease Control and Prevention, et al.

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Public Citizen

JULY 6, 2020

Today, the Supreme Court held that collecting government debt by robocalling cellphones didn’t deserve special First Amendment treatment. The Federal Government receives a staggering number of complaints about robocalls—3.7 The Government’s stated justification for the government-debt exception is collecting government debt.

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Burr Forman

JULY 7, 2021

The Consumer Financial Protection Bureau (“CFPB”) hopes that these provisions will prevent a new foreclosure crisis when the majority of existing foreclosure moratoria implemented by state and federal governments expire over the course of this summer.

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Burr Forman

JULY 7, 2021

The Consumer Financial Protection Bureau (“CFPB”) hopes that these provisions will prevent a new foreclosure crisis when the majority of existing foreclosure moratoria implemented by state and federal governments expire over the course of this summer.

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Troutman Sanders

AUGUST 9, 2021

Our bank and loan servicing clients also face novel challenges affecting their industry due to COVID-19, particularly the ever-changing rules and regulations concerning evictions and foreclosures. You may access this interactive tool at [link]. For more information, click here.

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Titan Consulting

AUGUST 23, 2020

When government assistance is not providing enough income to cover job losses, should you file for bankruptcy or hold out for the economic recovery? Slash spending : The widely available payment relief, government stimulus checks, and bonus unemployment payments are temporary measures to help you endure the current economic crisis.

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Jimerson Firm

APRIL 29, 2021

4) enforce the lien within 1 year of recording by filing a lien foreclosure lawsuit. In Florida, payment bonds are governed by Section 713.23, Florida Statutes for private projects, and Section 255.05, Florida Statutes for Florida public projects. Payment Bond.

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Credit Corp

JUNE 4, 2024

In the mortgage industry, this is known as a foreclosure. The purpose of conducting a foreclosure is to repossess the property, sell it, and use the money from the sale to cover your loan balance. Eventually, the bank initiates foreclosure proceedings. Due to financial hardship, you get behind on your monthly payments.

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Sawin & Shea

OCTOBER 6, 2021

While the government created programs to assist those financially affected—such as the CARES Act—many who were already struggling before the hit of COVID-19 fell even further into debt. After the pandemic hit and it was evident that Americans were struggling to make ends meet, the government took action and enacted the CARES Act.

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Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An example of this is when the stay is lifted to allow a creditor to continue a foreclosure action against real property or to allow the repossession of a vehicle.

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Sawin & Shea

NOVEMBER 24, 2021

Many people worry that bankruptcy will simply delay the inevitable, such as a lawsuit, wage garnishment, or a foreclosure, and that their creditors will still come after them. An example of this is when the stay is lifted to allow a creditor to continue a foreclosure action against real property or to allow the repossession of a vehicle.

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Sawin & Shea

AUGUST 4, 2021

For the lender, it’s all about the bottom line, and if they think they can get more money from a foreclosure, they won’t agree to a short sale. Both short sales and bankruptcies involving foreclosures will show up as negative hits on your credit report. A foreclosure (without bankruptcy) will stay on your credit report for 7.

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Debt Guru

JULY 28, 2021

The CARES Act allows people with a government-backed mortgage to request a 180-day forbearance on their mortgage. If your mortgage loan isn’t a government-backed loan such as a Fannie May, VA, or FHA loan, your private lender may offer you a forbearance – you will just need to call and request it. Deed-In-Lieu-of-Foreclosure.

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Credit Corp

JUNE 7, 2021

A Federal Housing Administration loan, or FHA loan, is insured by the federal government. The backing of the federal government makes FHA loans a bit easier to qualify for because they’re considered less risky for lenders. You found your dream home, but now comes the hard part: figuring out your mortgage.

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Burr Forman

AUGUST 19, 2021

Keith Andress – Commercial Litigation, Construction Law, Corporate Law, Insurance Law, Litigation-Banking and Finance, Construction, Mortgage Banking Foreclosure Law, Personal Injury Litigation-Defendants, Product Liability Litigation-Defendants, Professional Malpractice Law-Defendants. Bradley Wright – Government Relations Practice.

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Collection Industry News

APRIL 2, 2021

The number of people seeking bankruptcy fell sharply during the pandemic as government aid propped up income and staved off housing and student-loan obligations. Several rounds of government aid padded incomes with direct payments to households and enhanced unemployment benefits. Source: site.

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