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Book details
  • Genre:LAW
  • SubGenre:Real Estate
  • Language:English
  • Pages:43
  • eBook ISBN:9781483552491

Free & Clear, Standing & Quiet Title

11 Possible Ways to Get Rid of Your Mortgage

by Carl E. Person

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Overview
The author, a foreclosure defense attorney and graduate of Harvard Law School, explains 11 ways in which a homeowner possibly can win his mortgaged property free and clear of the bank's asserted mortgage lien. This result is not possible or practicable in most situations, but it is important for homeowners and attorneys to understand when they are looking at a free and clear potential. To understand how free and clear is sometimes obtainable, the author explains how to defend a foreclosure action in the 22 judicial-foreclosure states, and how to defend against a threatened foreclosure sale in the 28 non-judicial foreclosure states. Foreclosure defense of both types involves the important issue of standing to file and pursue a foreclosure as well as the standing to notice and proceed with a non-judicial foreclosure sale. The author explains how a Quiet Title Action by the homeowner is the way to defend against a threatened foreclosure in non-judicial states, and that in judicial-foreclosure states the bank, loan servicer or investor in the note has to sue. In spite of this dramatic difference, the issues are pretty much the same. The author explains the remedies available to the mortgagor after the mortgaged property has been sold. One of the main barriers to getting or accepting competent legal services is a misunderstanding of various popular foreclosure issues, and the author describes these issues and explains why they are not very helpful and can deter the homeowner from focusing on the issues having far more likelihood of success. The e-book will help homeowners and their owners analyze what needs to be done, and certain pitfalls to avoid.
Description
The author, a foreclosure defense attorney and graduate of Harvard Law School, explains 11 ways in which a homeowner possibly can win his mortgaged property free and clear of the bank's asserted mortgage lien. This result is not possible or practicable in most situations, but it is important for homeowners and attorneys to understand when they are looking at a free and clear potential. To understand how free and clear is sometimes obtainable, the author explains how to defend a foreclosure action in the 22 judicial-foreclosure states, and how to defend against a threatened foreclosure sale in the 28 non-judicial foreclosure states. Foreclosure defense of both types involves the important issue of standing to file and pursue a foreclosure as well as the standing to notice and proceed with a non-judicial foreclosure sale. The author explains how a Quiet Title Action by the homeowner is the way to defend against a threatened foreclosure in non-judicial states, and that in judicial-foreclosure states the bank, loan servicer or investor in the note has to sue. In spite of this dramatic difference, the issues are pretty much the same. The author explains the remedies available to the mortgagor after the mortgaged property has been sold. One of the main barriers to getting or accepting competent legal services is a misunderstanding of various popular foreclosure issues, and the author describes these issues and explains why they are not very helpful and can deter the homeowner from focusing on the issues having far more likelihood of success. The e-book will help homeowners and their owners analyze what needs to be done, and certain pitfalls to avoid. Table of Contents: Introduction Author is an Experienced Foreclosure Defense Attorney Foreclosures Starting in 2008 "I Owe the Bank. What Can I Do?" Judicial Foreclosure States and Non-Judicial Foreclosure States Foreclosures in Judicial Foreclosure States What the Foreclosure Defense Attorney Should Be Trying to Do In a Judicial-Foreclosure State When Free and Clear Is a Possibility 11 Possible Ways to Obtain Free and Clear Free and Clear Does Not Include Other Matters Frequently Raised by Non-Lawyers Dealing with Concept that the Mortgage Follows the Note There Are No Wrongful Foreclosure Actions in a Judicial-Foreclosure State Defending Threatened Foreclosure Sales in Non-Judicial States If Your Home Was Sold through Foreclosure in a Non-Judicial State, Consider a Wrongful Foreclosure Action The Importance of the Quality of Your Complaint or Answer Cannot Be Overstated Recent Cases Awarding Damages to Homeowners Statute of Limitations and Proof/Evidentiary Problems as to Wrongful Foreclosure Actions Reviewing What I've Said Other eBooks by Carl E. Person Foreclosure-Related YouTube Videos by Carl E. Person APPENDIX List, Description and Links to Foreclosure- Related YouTube Videos by Carl E. Person
About the author
Carl E. Person is a foreclosure defense attorney and a commercial litigator. He graduated from Harvard Law School and, after some years as an associate for Wall Street type law firms, set up his own law practice. Person has a background in antitrust, securities, the Uniform Commercial Code, litigation, underwriting, distribution systems and other areas of commercial litigation, which enables him to understand the complex problems associated with many foreclosures in both the judicial and the non-judicial foreclosure states. Part of his practice is assisting attorneys in states other than New York in their foreclosure defense activities. Person wrote this book to pass on his experience in defending foreclosures that includes wrongful foreclosure allegations, quiet title allegations, standing issues, loan modification denials or bad-faith negotiations, to help homeowners and their local attorneys obtain the best results obtainable.
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