Advocates

Q:    We purchased a home in a foreclosure that we now reside in. After the foreclosure, the bank filed a motion to set aside the foreclosure due to an error on their part. After nearly a year, they lost the motion and the appeal. We filed a motion for attorney fees but the judge denied it? Is this typical?

A:     In order to receive an award of attorney's fees there must be a basis for fees either through a statute or a contract. Without more information, it is difficult to say why you might have been denied or what your chances on appeal might be.

http://www.avvo.com/legal-answers/bank-tried-to-set-aside-foreclosure---they-lost-an-1219653.html

Q:   I do not have a lease, This is a 4 family apartment. The Summons states , the bank vs the landlord, his business, and two people who do not live here anymore. One moved out over 10 years ago the other moved out 2 months ago. My name and the other tenant was not on the summons just referred as John or Jane Doe. The sheriff knocked on the door, handed the summons and wrote down my name as a tenant at the apartment.

A:    Under the Federal Protecting Tenants at Foreclosure Act of 2009 (see link below), the requirement of 90 days' notice only applies to "bona fide" tenants, those tenants who are not related to the mortgagor and who are paying rent at fair market value.  

http://www.avvo.com/legal-answers/i-received-a-summons--from-the-state-of-wis--my-la-1246914.html

“The administrator of the estate of Larry Delassus sued Wells Fargo, Wachovia Bank, First American Corp. and others in Superior Court, for wrongful death, elder abuse, breach of contract and other charges.

Delassus died at 62 of heart disease after Wells Fargo mistakenly held him liable for his neighbor’s property taxes, doubled his mortgage payments, declared his loan in default and sold his Hermosa Beach condominium, according to the complaint.”

There are two reasons why I continue this blog and my return to the practice of law despite my commitment to retirement. The general reason is that I wish to contribute as much as I can to the development of the body of law that can be applied to large-scale economic fraud that threatens the fabric of our society.  

http://livinglies.wordpress.com/2013/05/15/wells-fargo-wrongful-foreclos...

http://www.alternet.org/economy/elderly-man-allegedly-dies-court-fightin...

A COURT ACTUALLY MADE A BANK FOLLOW THE LAW AND ITS OWN RULES!

"The assignment of the Defendant’s note and mortgage, having not been assigned from the Depositor to the Trust, is therefore void as in being in contravention of the PSA. The evidence submitted by Defendant that the note was acquired after the closing date and that assignment was not made by the Depositor, is sufficient to raise questions [*10]of fact as to Whether the Plaintiff owns the note and mortgage, and precludes granting Plaintiff summary judgment."

The assignment of the note and the mortgage which affected the transfer was dated July
16, 2008, however, pursuant to the terms of the PSA the trust closed on November 14, 2006.

http://mattweidnerlaw.com/blog/2013/05/kaboom-non-compliance-with-poolin...

Q:    I purchased a condo by paying delinquent HOA fees at auction, subject to mortgage. Certificate of title was issued in my name. My research shows the prior owners mortgage has his last name misspelled, and the property address was written incorrectly. The owner initialed the correction on the property address when signing the mortgage, but nothing was done to correct his name.

A:     This is a loser. Your position does not give you a foundation to eliminate the first mortgage, since your title was from a junior lien. . And , in addition, the validity of a mortgage lien does not depend on the property address.           

http://www.avvo.com/legal-answers/should-i-file-quiet-title-action--1244986.html

Q:    From late 2008 until 2010 I was attempting to modify my mortgage.  There was no reason for the modification to NOT take place. It should have been a slam dunk.

A:    A creditor's violation of the automatic stay of collection efforts is serious, and gives you a viable claim against the foreclosing entities and participants.  A secured creditor can sometimes get the bankruptcy court to grant relief from the stay and permit the foreclosure to proceed, but from you question I infer that relief from stay was not sought or granted in your case.  

http://www.avvo.com/legal-answers/do-i-have-recourse-to-sue-my-lender-for-illegal-fo-1234687.html

The Banks claim their interest in the property through another entity, First National Bank of Chicago. But by the time First National obtained its assignment of the note, from the receiver of Home Owners Federal Savings and Loan Association, Home Owners had already assigned the note to another party, Knutson Mortgage Corporation, which subsequently assigned the note to ASIP. It follows that, at the time the Home Owners receiver purported to assign the note to First National, Home Owners no longer had any interest in the note to assign–and that First National, in turn, had no interest to assign to the Banks.

http://mattweidnerlaw.com/blog/2013/04/failure-to-present-evidence-the-d...

Q:    have not made payments in 3 years. just received lis pendens papers saying file a response in 20 days. It appears the response must be made in 20 days. How do i respond?

A:     If indeed you were married, and your spouse did not sign the mortgage, this is a technical error that may prevent the bank from completing its foreclosure. Obviously, you need to have an attorney review the records and file an answer in defense of the foreclosure within the 20 day period or you may lose your home by default.

 http://www.avvo.com/legal-answers/foreclosure--if-a-spouse-did-not-sign-the-refinanc-1163606.html

Q:    My husband received notification from his father that someone tried to summon him and I for foreclosure. His parents live in Will County My husband and I have never held a residence at his parents house. Someone also tried to serve my husband and I at my parents house in McLean County....