You file a bankruptcy to get rid of, to discharge, your debts. You might not get a discharge if there is a successful objection based on fraud, poor records, hiding assets, not cooperating with the trustee, giving stuff away with one year before the filing, etc. You might not get a discharge if you do [...]
May 2009
In the state of Florida, mill law firms file 11,000 foreclosure complaints per month, and the vast majority of those complaints are filed with the knowledge that the plaintiff does not have the right to foreclose. What do I mean by that? It’s simple. The plaintiff must “own and hold” the mortgage and original mortgage [...]
The first thing to do if you are wondering about filing bankruptcy is to speak with a competent, qualified, consumer bankruptcy attorney. You can find one through this site or from the National Association of Consumer Bankruptcy Attorneys. Then set up an appointment with the Attorney. In many cases, the first consultation is free. [...]
It is not uncommon for debtors to move while their Chapter 7 or 13 bankruptcy is pending. Generally, this is not an issue provided a change of address is sent to all necessary parties. If you move before your case is discharged, do not assume your mail will be forwarded. Instead, at least notify your [...]
The Massachusetts Land Court ruled last month that only the mortgage holder could advertise a foreclosure sale under G.L. c. 244 sec 14. Mortgage assignments executed after publication of the advertisement were not good enough, even with language retroactive application. In so doing, the court reversed established practice under Title Standard 58 of the Massachusetts [...]
Recently, many California Courts have been dismissing lawsuits filed to stop non-judicial foreclosures, ruling that the non-judicial foreclosure statutes occupy the field and are exclusive as long as they are complied with. Â Thus, in the case where a notice of default is recorded and a lawsuit then filed in response to stop the foreclosure since [...]
