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Tag : Avoid Liens

Strip Your Lien Upon Completion of Chapter 13 Plan Payments

Avoid Liens, Chapter 13, Chapter 7, Foreclosure, Judicial Liens, Junior Mortgage, Short Sales

Observing an “emerging consensus in this Circuit” that lien stripping can be accomplished through Chapter 13 Plan Completion, the court in Litton Loan Servicing, et al v. Robert Blendheim, et. al, In re Blendheim, Nos. 13-35354, 13-35412, U.S. Court of Appeals For the Ninth Circuit, 2015. You can watch oral arguments here. So, what do […]

Still No Life on MERS

Avoid Liens, Bankruptcy Law Overview, Chapter 13, Foreclosure, Junior Mortgage, Modifications, Short Sales

Here is a great article from the California Lawyer entitled, “In MERS We Trust.”  Christopher Peterson, University of Utah College of Law is quoted as saying, “For the first time in the nation’s history there is no authoritative, public record of who owns land in each county.”  A history of our land transactions is steeped […]

Mortgage Foreclosure Crisis Update 2012

Avoid Liens, Chapter 13, Foreclosure, Modifications, Short Sales

We’re nearing election time and you would think that the economy is improving with the lower unemployment figures and other splashing news, except for our gas prices.  I, however, am sensing something brewing on the horizon and wanted to share my observations here with you. This Huffington Post article about the attorney general settlement is […]

The Essentials of Foreclosure Defense

Automatic Stay, Avoid Liens, Bankruptcy Law Overview, Chapter 13, Foreclosure, Modifications

On September 20, 2011 I was a speaker for Law Review CLE on the topic of Foreclosure Defense in Orange, California and again on November 10, 2011 in Riverside. My perspective is always from the bankruptcy side where we will file under Chapter 13 of the Bankruptcy Code to initially stop the foreclosure sale. The […]

HOA Dues in Bankruptcy: Handle With Care

Avoid Liens, Chapter 7

Just another reason why I hate association living, Homeowners Association Dues. I know that when you’re faced with either feeding your family or paying HOA dues, you’ll need to feed your family. Just know that these particular fees are called covenants running with the land and are part of your obligation even after you’ve filed […]

The Dodd-Frank Act: Too Little Too Late?

Avoid Liens, Chapter 13, Foreclosure, Junior Mortgage, Modifications

 We’re still uncovering the fraud perpetrated by the mortgage meltdown and have yet to deal with the more than 95 million securitized mortgages that have yet to adjust.  We have seen tremendouse changes in the industry as new laws and regulations are changing the way the industry does business. In the January issue of Los […]

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