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
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
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