Tuesday, June 29, 2010

Time flies- - - - - - -

I can't belive it has been so long since my last posting on my blog. Life can get very busy and time can get away from you so easily. Since I last posted a lot has happened and I will try to slowly bring the blog up to date.

We are dealing with more and more foreclosure situations and problems. Most of the foreclosure issues have to do with deficiencies-there has been a foreclosure and the bank is coming after the former owner/borrower for the difference between the loan balance and the value of the property. We have had a number of these issues. But this month, we filed our first lawsuit to set aside a bank action for "wrongful foreclosure". I don't believe in filing lawsuits to just "buy time". I don't think it does any good to file a lawsuit only to have it thrown out two or three months later. If there is to be a valid lawsuit filed, you must be thinking of making a permanent change in the situation.

In the wrongful foreclosure actoin I mentioned above, the mortgage company had approved a modification of the loan agreement subject only to the borrower's signature and notarization. The borrower signed the agreement, had it notarized and sent it back. The mortgage company rejected the signature because the notary had not printed her name in the proper loaction on the form, even though the notary, otherwise, was fully and legally, effective. So we have filed suit to have the lender bound by the agreement.

I'll let you know how it turns out.

I hope the rest of your day is good!

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