Category Archives: Foreclosure

August 20, 2015

Ejecución Hipotecaria y Servicio Militar Activo

Cuando usted está en servicio militar activo, sacrifica mucho para servir a su patria. Por lo que parece injusto que podría retornar a casa y descubrir que su entidad crediticia ha ejecutado la hipoteca porque se atrasó en los pagos hipotecarios. La Ley de Amparo Civil para Miembros del Servicio Militar (SCRA) está diseñada para […]

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August 15, 2015

Home Foreclosure and Active Duty Military

When you’re active duty military, you sacrifice a lot to serve your country. So it seems unfair that you could return home and discover that your lender has foreclosed because you fell behind in your mortgage payments. The federal Servicemember’s Civil Relief Act (SCRA) is designed to protect servicemembers from civil lawsuits while they’re on […]

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August 5, 2015

What Happens When the Bank Ignores a Foreclosure Case?

All too often, borrowers lose their homes to foreclosure because they wait too long to defend themselves. But a lender can also lose a foreclosure case by neglecting it. Judges don’t like to have inactive cases sitting around on their dockets. They expect progress toward trial. If a case sits around too long with no […]

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July 26, 2015

Summary Judgment and a Prisoner’s Right to Appear at the Hearing

In movies and TV, a court case always ends with a dramatic trial. A witness breaks down in tears and admits guilt. A startling new piece of evidence changes everything. Justice is served, and the courtroom erupts in cheers. Foreclosure cases don’t usually have these dramatic scenes. In fact, many foreclosure suits are resolved without […]

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June 26, 2015

Objecting to a Foreclosure Sale

What happens when your home is sold at a foreclosure sale and you still want it back? Are you being difficult and unrealistic, or can you legitimately object to the sale and have it overturned? The answer depends on the reason for your objections. If you’re just angry about the foreclosure and want to raise […]

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June 16, 2015

To Foreclose, Your Lender Must Prove What You Owe

If you have a mortgage, it may surprise you to find out that lenders don’t always keep good records. Sure, they know when you default on your mortgage, and they’re good at adding on fees and interest. In a foreclosure case, they’ll come up with an amount that they say is your total indebtedness. But […]

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June 6, 2015

Can You Sue Your Lender After Foreclosure?

Your lender has gotten a foreclosure judgment against you, and you’re mad. You want to force the mortgage company to work something out with you. You want to stop your home from being sold. So you file a lawsuit against the lender. You accuse it of violating laws and unjustly depriving you of your property. […]

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May 27, 2015

Can You Lose Your Home if Your Co-Owner Doesn’t Pay His Mortgage?

If you’ve ever rented an apartment, you may have had the problem roommate. That’s the one who signs the lease but then can never quite come up with the monthly rent. Or who disappears altogether. Problem roommates are no fun. And the situation can get even worse if you buy a house with someone who […]

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May 17, 2015

Selling Your Home? Take Care Choosing a Real Estate Broker

Everyone has a story about a terrible real estate agent. But here’s one that tops them all. It involves a man who was facing foreclosure and a real estate broker who was willing to resort to forgery to make a sale. It’s a lesson in “buyer beware” when choosing a real estate professional. In the […]

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May 7, 2015

Ignoring Court Orders Is Risky Business In Foreclosure Case

Having your home go into foreclosure can be overwhelming. To defend a foreclosure case, you must respond to court pleadings and follow procedures that you may barely understand.  However, responding pro se (without an attorney) may inadvertently speed up the process.   It’s a very difficult situation because failing to respond to the initial complaint will […]

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