by Brian Mahany It’s been several months since we wrote a mortgage foreclosure post. Our hope was that the recent national settlements and court approved monitors would help big banks clean up their mortgage messes. Unfortunately, we see little progress. Although the total number of foreclosures is down, the ones that remain are often a […]
Michigan Homeowners Score Appeals Court Victory Against Citibank
by Brian Mahany As we have said many times, the tide is beginning to turn against big banks and in favor of homeowners. For many years, courts simply rubber stamped foreclosure petitions. Now they are much more carefully scrutinized; particularly those filed by the nations largest banks – the so called “too big to fail.” […]
How Low Can They Go? Bank Of America Claims Death of Child Not A Hardship
by Brian Mahany By now, I should be numb to the suffering caused by Bank of America and other large lenders and mortgage servicers. That’s what they want but instead, I am fighting angry. So are millions of homeowners too. If you think we climb the soapbox a little too often in this blog, read […]
Mortgage Task Force: "We'll Take Action Soon"
by Brian Mahany Every day we are contacted by at least 2 homeowners struggling to keep their home. Although we are not mortgage foreclosure defense lawyers, we do sue banks and bankers for fraud, foreclosure abuses and wrongful HAMP denials. Business is booming, unfortunately. The so-called mortgage crisis began when the housing market melted down […]
Predatory Lending – Refinancing & Personal Guarantees
by Brian Mahany After the mortgage meltdown in late 2007 and 2008, many small community banks suddenly found their commercial loan portfolio was undercollateralized. The better banks gave borrowers plenty of notice that they would be requiring additional collateral – often in the form of personal guarantees and mortgages on the borrower’s residence. Some small […]
Death Toll From Foreclosure Crisis Climbs
by Brian Mahany Foreclosures not only destroy families and their hopes and dreams, they can also cost lives. In a nation with millions of abandoned properties, tragedy is never far away. With no one to maintain the property, abandoned houses often become home to vagrants, drug dealers, and rats. When an abandoned house has a […]
More Ammo In The Fight Against Fraudulent Foreclosures
by Brian Mahany Over the last several months we have identified many of the legal mistakes made by big banks and loan servicing companies – mistakes that may allow the homeowner to avoid foreclosure or at least force lenders to negotiate a fair and equitable resolution. Today’s post examines loan bundles and improper mortgage assignment […]
"Show Me The Note" Foreclosure Argument FAILS
by Brian Mahany Some people reading this post are thinking we have gone to the dark side. Don’t worry – nothing could be farther from the truth. As lawyers, we fight hard for our foreclosure clients but have to be realistic. Anyone reading mortgage blogs and some of the Occupy Homes materials would think that […]
Show Down In Florida – Homeowners vs Bank Of New York
by Brian Mahany Forged mortgage documents are nothing new. Even making that statement pains me greatly. Once upon a time, no one would dream of a bank, mortgage lender or lawyer routinely forging documents. Today, its common place. A case pending before the Florida Supreme Court is set to determine if a bank that gets […]
Foreclosure Abuse – Law Firm To Pay $4 Million!
by Brian Mahany We are not big fans of the large mortgage lenders and servicers. MERS (Mortgage Electronic Registration Systems Inc.) is pretty far down on our list too. But besides from being overworked and often not returning calls for weeks, we don’t have too many bad things to say about the law firms that […]