Dealing with financial difficulties can be worrisome, and ignoring them isn’t beneficial. Essential bills, like your rent or mortgage, should always be a top priority on your to-do list. However, there are times when you might struggle to fund these critical expenses. Defaulting on your mortgage can lead to losing your home. If your home’s […]
Does Foreclosure Affect Your Credit?
Even if you have carefully planned your budget, income, and expenses down to the last cent, things don’t always go the way you expect them to. Life might get in the way and ruin your plans—and a bad investment, medical emergency, natural disaster, or other catastrophe can seriously affect your finances. If your finances take […]
Combating COVID’s Long-Lasting Financial Effects on Your Business & Assets
While the physical effects of COVID-19 have been devastating to those who have fallen ill to the virus, businesses and individuals are also suffering from the effects of social distancing and quarantine measures. Although these restrictions have only been in place for a few months, many businesses have struggled to make ends meet due to […]
What to Do if You’re Facing Foreclosure
If your home is facing foreclosure, you’re likely facing hard times and going through a range of emotions. However, it is vital that you think logically in order to work out the best way to move forward. In some situations, you may be able to avoid foreclosure if you are smart and follow the right […]
Take My Word For It. . .The Foreclosure Sale Was Canceled.
A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]
The Foreclosure Run-Around.
The first paragraph of the appellate opinion best describes why the appellate court reversed the grant of defendant bank’s demurrer and remanded the matter to the trial court for further proceedings: “This appeal represents another example of what is becoming a well-established and predictable pattern. A homeowner in distress because of the meltdown of the […]
Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.
Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
Can’t Blame Loss Of Property Value After Foreclosure On Appraisal Done Seven (7) Years Earlier.
After his home was placed in foreclosure in 2011, plaintiff brought an action to try to halt foreclosure proceedings. In it, he contended defendant made fraudulent misrepresentations or omissions by stating the appraised fair market value of the home in 2004 was increasing and that the appraisal was outrageously speculative. The trial court sustained defendant’s […]
Forbearance Fees Do Not Violate Usury Law.
A debtor entered into a series of agreements in which he sought to delay enforcement of judgments. The creditor agreed not to enforce the judgments prior to a certain date in exchange for certain promises as well as the payment of a surcharge of $500 per day for each day the judgments were not paid […]
Foreclosure In The United States Marine Corps.
Plaintiff, in the United States Marine Corps, took out a mortgage in 2007. Between 2008 and 2011, he was called up to active duty overseas three times, and failed to make all of his mortgage payments. The loan servicer began foreclosure proceedings in 2009; it rescinded the notice of default in 2010, but not the associated […]