Fighting Foreclosure

Fighting Foreclosure
Author: John A. Fliter
Publisher: University Press of Kansas
Total Pages: 232
Release: 2012-09-05
Genre: Law
ISBN: 0700618724

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In the depths of the Great Depression, when foreclosure rates skyrocketed across the United States, more than two dozen states passed mortgage-extension or -adjustment laws to help farmers and homeowners keep their properties. One such statute in Minnesota led to the most important property law case of its time and still casts a long shadow upon constitutional debates and our own era's severe economic downturn. Fighting Foreclosure marks the first book-length study of the landmark 1934 Supreme Court decision in Home Building and Loan Association v. Blaisdell, which, by a 5-4 vote, upheld the Minnesota Mortgage Moratorium Act. On the one hand, Blaisdell validated efforts by states to offer legislative relief to citizens struggling to keep their farms and homes. On the other, it caused an outcry among banking interests and conservative legal theorists, who argued that these laws violated the Contract Clause of the Constitution and interfered with our free market system. In his majority opinion, Chief Justice Charles Evans Hughes argued that the reasonable and limited nature of the law and the unusual severity of the emergency it addressed placed it firmly within the "police powers" of the states to protect the health and safety of the people. In a strongly worded dissent, Justice George Sutherland argued for a consistent and strict interpretation of the Contract Clause regardless of economic exigency. John Fliter and Derek Hoff provide a concise history and analysis of not only this landmark case and the reasoning behind its sharply divided decision but also of the entire history of the Contract Clause. They trace closely the agricultural crisis, political pressures, and farmer-protest movement that produced the Minnesota law. And their study contributes to scholarly debate about the origins of the Constitutional Revolution of 1937, by which the Supreme Court accepted the New Deal, as well as to public debates about constitutional interpretation and the role that government should play in providing relief to distressed citizens. In the midst of our nation's ongoing suffering from massive foreclosures and bankruptcies, Fighting Foreclosure also offers a potent reminder that the High Court's decisions often revolve around lives at risk as much as abstract legal debates.

Fight Foreclosure!

Fight Foreclosure!
Author: David Petrovich
Publisher: John Wiley & Sons
Total Pages: 242
Release: 2008-03-14
Genre: Business & Economics
ISBN: 047026764X

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Fight Foreclosure! offers a practical, step-by-step system for taking action to prevent foreclosure on your home before it?s too late. If you?re having trouble keeping up with your payments, the worst thing you can do is nothing. This book explores all your options, weighs the pros and cons of each, and explains the pre-foreclosure process in detail. Plus, it points out the too-good-to-be-true credit repair offers you should avoid and gives you real, practical alternatives that help you help yourself before it?s too late.

23 Legal Defenses to Foreclosure

23 Legal Defenses to Foreclosure
Author: Troy Doucet
Publisher: Createspace Independent Publishing Platform
Total Pages: 0
Release: 2008-08-12
Genre: Foreclosure
ISBN: 9781438278193

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23 Legal Defenses to Foreclosure breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. Each chapter is packed with useful information that you can use directly in court in any state. The book includes: legal letters, forms, motions, an "Answer" to the lawsuit, and sample discovery to get damaging information directly from the bank. It includes recommended strategies for fighting foreclosure, and checklists that make this book easy enough for anyone to understand. Each chapter incorporates a section of the possible damages available for each defense - including how to cancel the loan and get a refund of all money paid to the lender. Defenses include TILA, HOEPA, RESPA, FDCPA, FCRA and more. Written by Attorney Troy Doucet (http://www.doucet.law).

A Dream Foreclosed

A Dream Foreclosed
Author: Laura Gottesdiener
Publisher: Zuccotti Park Press
Total Pages: 210
Release: 2013
Genre: Biography & Autobiography
ISBN: 1884519210

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A moving exploration of homeownership, freedom, and the American Dream in light of the ongoing financial crisis and mass foreclosure.

How to Fight to Save Your Home in California

How to Fight to Save Your Home in California
Author: George Gingo
Publisher: Outskirts Press
Total Pages: 230
Release: 2011-04-08
Genre: Foreclosure
ISBN: 9781432770228

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A SIMPLE ENGLISH EXPLANATION OF THE LAW and COURT PROCEDURE If you have ever contemplated the prospect of fighting your own court battle, you know the feeling of panic that quickly strikes, knocking all of the confidence right out of you. After the butterflies in your stomach have subsided and your heart has stopped racing, you ask yourself: "How will I ever be able to handle court procedure, rules and protocol, let alone argue my case"? Well stop worrying because, "if" you have the courage to "fight" to save your home, we will show you, point by point, how to do it. Here is the Litigation Handbook you've been praying for. Includes: - Tips on Court Procedure - "Show Me the Note" Defenses - California Unlawful Detainer Defenses - Bankruptcy Mortgage Note Challenge FORMS AND INSTRUCTIONS WITH SAMPLE MOTIONS AND OTHER COURT DOCUMENTS INCLUDED READ MORE ABOUT THE AUTHORS INSIDE!

Winning Against Foreclosure

Winning Against Foreclosure
Author: Richard Merrill Kahn
Publisher: Forensic Professionals Group USA
Total Pages: 252
Release: 2009-12-10
Genre: Business & Economics
ISBN: 9780615296883

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Thousands of homes are lost daily in foreclosure because #13; borrowers and their attorneys do not have a plan to win!#13; #13; Borrowers, attorneys fighting foreclosure, and others that did not do their homework, research and investigation, or hire experts to do this for them are losing the fight against foreclosure. Even in the face of losing, you hear attorneys saying they "get it", when they simply don't understand.#13; #13; This book lays it out for you in black and white. It is about#13; understanding:#13; * How we ended up in this mess#13; * What we are up against#13; * How the system works#13; * What weapons are at our disposal#13; * How to use these weapons to #13; effect a good long term solution#13; * How to win#13; #13; WINNING AGAINST FORECLOSURE#13; Richard Kahn has had a professional career in mortgage analysis, residential and commercial real estate, mortgage backed securities and lender financing that has spanned more than thirty years and billions of dollars in equity and mortgages. He has extensive experience in courts including County, State (from Circuit to Supreme), and Federal (from District to Appeals) including Federal Bankruptcy and Appeals. He is FPG-USA's qualifying expert witness on all FPG-USA issuances. Mr. Kahn has held licenses in securities, real estate and mortgage finance.

Texas Foreclosure Manual, Third Edition

Texas Foreclosure Manual, Third Edition
Author: William H. Locke
Publisher:
Total Pages: 1198
Release: 2014-05-02
Genre: Foreclosure
ISBN: 9781938873065

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Fight Your Foreclosure in Florida

Fight Your Foreclosure in Florida
Author: George J.F. Werner
Publisher:
Total Pages: 154
Release: 2008-01-01
Genre: Foreclosure
ISBN: 9781606434840

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The Foreclosure Survival Guide

The Foreclosure Survival Guide
Author: Amy Loftsgordon
Publisher: Nolo
Total Pages: 353
Release: 2023-08-29
Genre: Business & Economics
ISBN: 1413330991

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Facing foreclosure? Put together a plan. Take action. Foreclosure can be an intimidating and scary experience. The stress of potentially losing the family home can drive people to make mistakes, either by doing the wrong thing or failing to act at all. You need to know your options if you're having trouble making your mortgage payments or are already in danger of foreclosure. Your actions are vitally important if you want to keep your home or at least get through the process with as little anxiety as possible. This book has essential tips on what to do--and what not to do--if you're facing a foreclosure. Don't wait to take action if you're behind in mortgage payments and facing a potential foreclosure. The Foreclosure Survival Guide covers your options for avoiding the loss of your home or at least delaying it. The strategies and useful information in this book will give you the tools you need to develop a plan to try to keep your home or decide if it makes sense to move on.This guide can help you learn how to navigate foreclosure and potentially stay in your home. It gives you the practical information you need, including: the ins and outs of foreclosure how to decide whether you should try to keep your house what loan workout programs are available to potentially save your home and how to apply for them how to bring your loan current in Chapter 13 bankruptcy if you can't stay in your home, how to avoid unnecessary costs by filing for Chapter 7 bankruptcy what alternatives for giving up the property, like short sales and deeds in lieu of foreclosure, are available, and how to avoid becoming the victim of foreclosure rescue scams. This book's powerful yet practical advice also explains the 120-day foreclosure waiting period before foreclosure starts, how the foreclosure process works in each state, potential tax consequences, and more. This edition is updated with the latest information on mortgage-assistance programs for homeowners, federal mortgage servicing laws, relief for victims of natural disasters, and recent court decisions affecting homeowners' rights.

Fighting the Foreclosure Machine

Fighting the Foreclosure Machine
Author: Robert M. Janes
Publisher: Esprouts, LLC
Total Pages: 376
Release: 2012-04
Genre: Foreclosure
ISBN: 9780985128609

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DON'T ASSUME THEY WIN! - even if you're behind on the mortgage payments. If you or someone you know is threatened with foreclosure, you need this book. Missed mortgage payments do not necessarily mean that you're in default, or that your opponent has the right to take your home. FIGHTING THE FORECLOSURE MACHINE explains in plain language how borrower protections of fairness are embedded in the foreclosure laws of every state. Learn how you can use these laws as a powerful weapon in your fight to defend your home. Use this information to assess whether a foreclosure lawsuit is best for you. If you decide to fight back, this is a litigation resource with legal references, examples and forms to help you and your legal advisor avoid time-consuming and costly duplication of legal research and analysis.