This post was prepared by yours truly, with contributions from Phil Bradford, a financial web content writer. Phil graduated from New York University School of Law and recently joined Herald University as a reporter. He has also written for websites such as debtfreeguys.com and disabilitycanhappen.org An now, on with the post… Those who’ve exhausted their financial options or...Read More

Standard was entitled to the benefits of TILA – including notice of the 3-day right to rescind the loan. As Trustee, the Court pointed out, Standard held legal and equitable title to the underlying real estate while the borrower-beneficiaries held a mere personal property interest in the Trust. Because Standard had not been informed of...Read More

This guest-post, a synopsis of "Let's Talk About Arbitration" by Attorney William Goren from his blog, Understanding the ADA. The original post discusses issues pertaining to arbitration of claims arising under the Americans with Disabilities Act. The author assumes that readers know the difference between arbitration and mediationRead More

Dual Tracking is the industry name for the practice of letting a foreclosure case tick on even while the homeowner seeks to modify their mortgage loan. The idea is simple: the Bank will take whichever solution comes through first – a modification or a foreclosure. The problem is that the Bank holds all the cards:...Read More

The Economy has been sputtering: struggling valiantly but with little to show for it. Case in point: Is your home still underwater? For most people the answer is still yes - even as markets around the country rebound. So today we address a deceptively simple question: What is a mortgage and how does it work?...Read More

Foreclosure defense practice has become a veritable cottage industry over the past decade and it is common for Clients to expect their lawyer to do more than fight. They want to delay "by any means necessary." But the Courts still regard the law as a genteel profession. What Clients see as run of the mill...Read More

One option for those who've gone through Bankruptcy and are looking to borrow again is the FHA Loan. Before the housing bubble burst in 2008 FHA loans were considered the choice for buyers with little credit or bad credit; or for those with low incomes. But since everyone's home value began falling - taking credit...Read More

The Bankruptcy Court pries apart a Motion for Judgment on the Pleadings brought by banks and servicers that claim to be entitled to collect mortgage payments from the Debtor while peering into the world of securitized mortgages - the process of bundling loans into trusts, slicing trusts into securities, and trading those securities on Wall...Read More

As a Bankruptcy lawyer I can't count how many times people have asked why Courts won't reduce their mortgage debt to match the deflated value of their home, or why they should pay anything on that second mortgage, line of credit, or HELOC, when they're underwater. I even discussed these questions and the state of...Read More

The Judge tasked with managing the largest municipal Bankruptcy in American history cleared Detroit to emerge from its Chapter 9 reorganization and ended a series of hard-fought battle between creditors, citizens, employees, and pension recipients. Before approving the move though, Judge Rhodes issued a heart-felt plea: "move past your anger" and "fix the Motor City."Read More