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Tag : Junior Mortgage

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 […]

A Breakdown of the California Homeowner Bill of Rights

Chapter 13, Foreclosure, Junior Mortgage, Modifications, Short Sales

The California Homeowner Bill of Rights will become effective January 1, 2013 requiring lenders and their servicers to provide fairness and transparency in the foreclosure process.  This is an emerging practice area for attorneys as we get up to speed on what this new set of laws will mean for our clients. Here’s a great […]

Your Home is NOT an Asset!

Chapter 13, Foreclosure, Junior Mortgage, Modifications, Short Sales

A basic accounting principle is to know the difference between an asset and a liability.  Many of my clients come to me thinking that their home is an asset, but that is simply not true in most cases. So, what is the difference between an asset and a liability? Simply put, an Asset puts money […]

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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