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The Non-Lawyer’s Guide to Foreclosure Fraud – Part 2: Things Get Lost – Lenders Lose Key Documents in Gleeful Days of Making More and More Money

Here, the second in a series of posts explaining the hows and whys of ForeclosureGate and the Florida Home Loan Fraud crisis: Part 2. Things Get Lost: Lenders Lose Key Documents in Gleeful Days of Making More and More Money Now that banks had discovered that they...

Negotiating a Home Loan Modification: Beware of the Dual Track Rule – The Bank Can Still Foreclose Even If You’re Modifying Your Note

In a loan modification, the original note’s terms are revised (monthly payment amount, interest rate, etc.) and the revisions become effective once everyone signs the modification agreement.  For a home loan in South Florida, that means the home owners whose...

The Non-Lawyer’s Guide to Foreclosure Fraud – Part 1: How It All Began, Remembering Traditional Mortgage Practices

Here, the first in a series of posts explaining the hows and whys of ForeclosureGate and the Florida Home Loan Fraud crisis: Part 1.  How It All Began, Remembering Traditional Mortgage Practices and that First Smell of More Profit Long before ForeclosureGate, when the...

Florida Fires Its Top Two Foreclosure Fraud Attorneys, But Their Work Is Still Solving Cases Across the Country: What Gives?

A homeowner in New York hired a foreclosure defense attorney and recently won her lawsuit against her mortgage lender, HSBC Bank.  Key to the win:  a report that was prepared by two former Florida assistant attorneys general, June Clarkson and Theresa Edwards. ...

Foreclosure Fraud Cases: Banks and Mortgage Servicers Have an Achilles Heel, Title Problems Related to MERS

One consequence of a Wrongful Foreclosure case, relates to the issue of clear title: the banks and mortgage lenders may not have it to convey to a buyer of the property. As we all know, title to real estate is recorded in our public records because being able to trace...

Should You Sue Your Bank Over Your Home Loan? Are Loan Fraud, or Predatory Lending, Lawsuits Available in Florida?

You obtained a home loan – maybe several years ago.  You are suspicious that something wasn’t right about that deal.  Maybe you’re living in your home, paying that mortgage payment every month, and just wondering about it. Maybe you have an...