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Foreclosure Defense

Autor Rebecca Ann Taylor
en Limba Engleză Paperback – 6 aug 2021
Foreclosure Defense: A Practical Litigation Guide, Second Edition will assist you in navigating alternative dispute resolutions to hopefully avert a foreclosure action from even being filed against your client; but if an action is filed, the book offers many possible litigation strategies and defenses. Citing the most recent and developing cases, Foreclosure Defense focuses on a number of issues raised in recent law and news, as well as the predominant recurring issues. In three parts -- Ethical Considerations, Trial Basics, and Summary Judgment and Beyond -- the book walks you through the basics of loans, the applicable federal laws with a look at different state regulations, what loan modification programs are available, unscrupulous bank practices, affirmative defenses, getting summary judgment dismissed, and everything else you need to know to protect your client's home, as well as what to counsel when you cannot.
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Specificații

ISBN-13: 9781641056410
ISBN-10: 164105641X
Pagini: 297
Dimensiuni: 152 x 229 x 18 mm
Greutate: 0.43 kg
Ediția:2nd edition
Editura: American Bar Association

Notă biografică

By Rebecca Ann Taylor

Cuprins

Dedicationv
Contentsvii
Acknowledgmentsxi
Introductionxiii
What This Book Is and Is Notxiv
Part I: Ethical Considerations1
Chapter 1
Inside the Bank Foreclosure Defense Industry3
Chapter 2
Advertising7
Chapter 3
Conduct Toward Opposing Counsel and Parties9
Part II: Litigation Basics15
Chapter 4
Written Arguments17
Chapter 5
Preparing for Hearings23
What Are Your Client's Goals?27
Chapter 6
The Initial Client Interview27
Have Your Clients Been Defrauded by ¿Foreclosure Consultants¿?31
Do Your Clients Have Any Assets to Support an Offer?39
Military Status41
Chapter 7
Special Circumstances41
Protecting Tenants at Foreclosure Act of 200944
Reverse Mortgages45
Chapter 8
Inside Your Client's Loan49
Find Out Who Owns Your Loan49
Loan Modifications52
The Power of the Media59
Home Affordable Modification Program (HAMP)63
Waiver of Deficiency Judgments67
Chapter 9
Loss Mitigation67
Deed in Lieu of Foreclosure68
Short Sale68
Conciliation Conference70
Mediation72
The Mediation Bank Representative74
Preparing for the Mediation75
Mediating in Good Faith79
Court Enforcement of Mediation Requirements81
Cash for Keys84
Court-Ordered Modifications85
Chapter 10
Motion for Sanctions89
Shotgun Foreclosures93
Due Process95
Chapter 11
The Demand Letter99
Chapter 12
Fair Debt Collection Practices Act105
Disputing the Alleged Foreclosure Debt108
Chapter 13
Notice of Appearance111
Chapter 14
Vacating a Default Judgment113
Chapter 15
Requirements for Service of Foreclosure Complaints117
Chapter 16
Motion to Dismiss123
Dissecting a Foreclosure Complaint124
Is the Complaint Required to Be Verified?131
Lack of Standing/Improper Plaintiff134
If a Plaintiff Cannot Prove Ownership or Enforcement Rights at the Time It Files Foreclosure, It Has No
Standing137
The Plaintiff May Have No Relationship to the Loan
at All143
The Mortgage Electronic Registration Systems146
Chapter 17
Foreclosures Against Parties with No Interest
in the Property149
Chapter 18
Super-Priority Liens155
Chapter 19
Affirmative Defenses159
Plaintiff 's Motion to Strike Affirmative Defenses163
Deceptive and Unfair Trade Practices and Subprime
Loans167
The Truth In Lending Act172
Home Owner's Equity Protection Act177
Real Estate Settlement Procedures Act178
Qualified Written Requests181
Fraud185
Failure to Comply with Conditions Precedent188
Other Conditions Precedent Which May Be Contained
in the Mortgage201
Payment204
Counterclaims205
Class-Action Complaint211
Other Affirmative Defenses215
Chapter 20
Discovery229
Interrogatories234
Requests for Production238
Request for Admissions240
Depositions241
Motions to Compel246
Part III: Summary Judgment and Beyond249
Chapter 21
Summary Judgment251
Affirmative Defenses May Raise a Genuine Issue
of Material Fact256
Chapter 22
Trial Orders265
Appeal268
Sale270
Chapter 23
Bankruptcy273
Chapter 24
The Neighborhood Assistance Corporation of America279
Conclusion281
Index283
About the Author297