Menu

Home › Forums › Housing › New foreclosure defense: Prove I owe you

Viewing 11 posts - 31 through 41 (of 41 total)
1 2 3
  • Author
    Posts
  • February 17, 2009 at 11:00 PM #349227
    SD Realtor
    Participant

    As long as the state receives property taxes I don’t think they care. As far as they are concerned it is the lenders problem. We have seen the gradual erosion of private property owners rights and emminent domain seizures are pretty darn scary nowadays.

    As more and more movement of mortgages, securitization and such, this is becoming a real problem. It will be interesting to see how it plays out.

    February 17, 2009 at 11:43 PM #348667
    peterb
    Participant

    How about, “Prove you really want this property back on your books at real market value!”

    February 17, 2009 at 11:43 PM #348985
    peterb
    Participant

    How about, “Prove you really want this property back on your books at real market value!”

    February 17, 2009 at 11:43 PM #349104
    peterb
    Participant

    How about, “Prove you really want this property back on your books at real market value!”

    February 17, 2009 at 11:43 PM #349137
    peterb
    Participant

    How about, “Prove you really want this property back on your books at real market value!”

    February 17, 2009 at 11:43 PM #349237
    peterb
    Participant

    How about, “Prove you really want this property back on your books at real market value!”

    February 18, 2009 at 11:27 AM #348932
    Kingside
    Participant

    This issue has been coming up in the news now and then for a few years now, and it tends to get way overblown.

    First of all, you tend to see it more in states like Florida which are judicial foreclosure states where a debtor tries to raise any defense they can think of in response to a lawsuit for foreclosure. In non-judicial foreclosure states like California, you would need to file suit, post a bond, and affirmatively try to stop a trustee from foreclosing, unless you use bankruptcy to try to stop the foreclosure.

    In bankruptcy, the issue does come up, and if you are an incompetent servicer, the issue can slow down your attempts to get relief from the bankruptcy stay in order to proceed with foreclosure. But if you can show that you are the real party in interest and have a legitimate reason why the original note is lost or not available, it is not usually going to be an issue.

    February 18, 2009 at 11:27 AM #349250
    Kingside
    Participant

    This issue has been coming up in the news now and then for a few years now, and it tends to get way overblown.

    First of all, you tend to see it more in states like Florida which are judicial foreclosure states where a debtor tries to raise any defense they can think of in response to a lawsuit for foreclosure. In non-judicial foreclosure states like California, you would need to file suit, post a bond, and affirmatively try to stop a trustee from foreclosing, unless you use bankruptcy to try to stop the foreclosure.

    In bankruptcy, the issue does come up, and if you are an incompetent servicer, the issue can slow down your attempts to get relief from the bankruptcy stay in order to proceed with foreclosure. But if you can show that you are the real party in interest and have a legitimate reason why the original note is lost or not available, it is not usually going to be an issue.

    February 18, 2009 at 11:27 AM #349370
    Kingside
    Participant

    This issue has been coming up in the news now and then for a few years now, and it tends to get way overblown.

    First of all, you tend to see it more in states like Florida which are judicial foreclosure states where a debtor tries to raise any defense they can think of in response to a lawsuit for foreclosure. In non-judicial foreclosure states like California, you would need to file suit, post a bond, and affirmatively try to stop a trustee from foreclosing, unless you use bankruptcy to try to stop the foreclosure.

    In bankruptcy, the issue does come up, and if you are an incompetent servicer, the issue can slow down your attempts to get relief from the bankruptcy stay in order to proceed with foreclosure. But if you can show that you are the real party in interest and have a legitimate reason why the original note is lost or not available, it is not usually going to be an issue.

    February 18, 2009 at 11:27 AM #349405
    Kingside
    Participant

    This issue has been coming up in the news now and then for a few years now, and it tends to get way overblown.

    First of all, you tend to see it more in states like Florida which are judicial foreclosure states where a debtor tries to raise any defense they can think of in response to a lawsuit for foreclosure. In non-judicial foreclosure states like California, you would need to file suit, post a bond, and affirmatively try to stop a trustee from foreclosing, unless you use bankruptcy to try to stop the foreclosure.

    In bankruptcy, the issue does come up, and if you are an incompetent servicer, the issue can slow down your attempts to get relief from the bankruptcy stay in order to proceed with foreclosure. But if you can show that you are the real party in interest and have a legitimate reason why the original note is lost or not available, it is not usually going to be an issue.

    February 18, 2009 at 11:27 AM #349505
    Kingside
    Participant

    This issue has been coming up in the news now and then for a few years now, and it tends to get way overblown.

    First of all, you tend to see it more in states like Florida which are judicial foreclosure states where a debtor tries to raise any defense they can think of in response to a lawsuit for foreclosure. In non-judicial foreclosure states like California, you would need to file suit, post a bond, and affirmatively try to stop a trustee from foreclosing, unless you use bankruptcy to try to stop the foreclosure.

    In bankruptcy, the issue does come up, and if you are an incompetent servicer, the issue can slow down your attempts to get relief from the bankruptcy stay in order to proceed with foreclosure. But if you can show that you are the real party in interest and have a legitimate reason why the original note is lost or not available, it is not usually going to be an issue.

  • Author
    Posts
Viewing 11 posts - 31 through 41 (of 41 total)
1 2 3
  • You must be logged in to reply to this topic.