Foreclosure Plaintiff- unwilling??

Case Dismissed Using the Florida Fair Foreclosure Act. We won his case, and he owed nothing. In 2009, our client had walked away from their underwater home. Judgment was entered March 23, 2009, and the home was sold at a foreclosure auction on June 2, 2009. Five (5) years and 22 days after the foreclosure sale, the deficiency claim was filed.

The plaintiff will suffer irreparable harm by incurring the delay inherent in a public sale (e.g., loan is non-recourse, subject property is the sole asset of the borrower and the amount due exceeds the value of the property). Whether the sale is to be subject to the plaintiff’s mortgage.

Plaintiff is a bank that seeks foreclosure on the home of defendants Sonja and Johnathan Bell. The Court conducted a five-day bench trial in this matter from September 22 to September 26, 2014. For reasons set forth below, I conclude that plaintiff has proven all the requisites for a judgment of foreclosure and that the defendants’ defenses are.

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Since the housing crisis of 2007-2008, foreclosure law in New York has developed and evolved dramatically. The influx of foreclosure actions[1] and the introduction of several consumer protection statutes in response to the housing crisis[2] fueled this development, giving rise to new foreclosure defenses, arguments and legal issues.

After Bankruptcy Getting a mortgage after bankruptcy can be a challenge, but it’s not impossible. Many lenders have established guidelines for underwriting home loans for borrowers who’ve emerged from bankruptcy, completed a waiting period, and otherwise met certain eligibility requirements.

As to the fourth affirmative defense of election of remedies, neither section 6.7 of the by-laws nor the applicable law (Real Property Law §339-aa) requires plaintiff to elect a remedy between seeking.

A plaintiff can’t file a judgment of foreclosure and sale unless a referee submits his report. It’s likely that the referee was unwilling or unable to submit the report, and that’s why the plaintiff is moving for a successor referee. It’s highly unlikely that this action would be dismissed for failure to move for judgment at this time.

because plaintiff’s attachments to the foreclosure complaint ted plaintiff’s rebut allegations about its right and ability to maintain this foreclosure action; likewise, the trial court did not abuse its discretion in imposing a fee award. 2 Plaintiff, Nationstar Mortgage, LLC, appeals the judgments of the circuit court of Kane