Foreclosure Defense

Missouri Banks – Profit From Foreclosure?

by Wendell Sherk, Missouri Bankruptcy Attorney

Good lawyers will not recommend filing bankruptcy if the benefit is not clear.  If you are giving up your house with only one mortgage and no other significant debt, many of us will typically advise against it.  But in Missouri that could change if the banks start getting too greedy. Unlike some states, Missouri allows [...]

Over 40 states have already signed on to the sellout deal the corrupt politicians negotiated, so they could run for office beating their chests bragging about their tremendous accomplishment, with their mortgage company liege lords, who should have already started their prison terms, to get them off the hook for the greatest financial crimes in [...]

Top 4 Reasons To Call A Foreclosure Defense Attorney

by Andy Miofsky, Illinois Bankruptcy Attorney

Don’t wait until it is too late, contact a foreclosure defense lawyer as soon as you fall behind in your mortgage payment.

Florida – Plaintiff Must Prove Ownership at Time Foreclosure is Filed

by Chip Parker, Jacksonville Bankruptcy Attorney

In the latest foreclosure decision out of Florida,  the 4th District Court of Appeal, in the case of McLean v. JP Morgan Chase, ruled that the plaintiff in a foreclosure must prove it owns and holds the note at the time the foreclosure case is filed. In the McLean case, the appellate court reversed the [...]

50 States to Investigate Foreclosure Robo-Signers

by Jill Michaux, Kansas Bankruptcy Attorney

Attorneys General and mortgage regulators from all 50 states are joining forces to investigate robo-signing of mortgage foreclosure documents and other defects in home mortgage foreclosures. “We believe such a process may constitute a deceptive act and/or an unfair practice or otherwise violate state laws.” Here is today’s statement by the National Association of Attorneys General: It [...]

MERS Note Assignments

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

An investigation into a foreclosure defense will include tracing the rights to a mortgage and its underlying promissory note.  MERS is very careful to only execute assignments of mortgages and not of notes.  I’ve never seen it assign a note, and I’m reliably informed that MERS’ bylaws prohibit it from owning rights to a note. (A [...]