Posts in Foreclosure
After Foreclosure: A Housing Surplus

Of the 74.5 million homes in the United States approximately 45 million homeowners borrowed money to buy their homes.   Out of these 45 million, six million homeowners have already lost their homes to foreclosure and another ten million are underwater, which mean their homes are worth less than their mortgages.[1] Potentially over 16 million homes could be bank owned and on the market as REO properties.

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Chink in the Armor: A Foreclosure Defense

The securitization of home loans may provide a new way to contest foreclosures.  An Alabama court recently ruled that a trustee of a pool of home mortgages had no standing to bring a foreclosure action on one of the home mortgages allegedly in the pool despite having possession of the original Promissory Note because the transfer of the Note did not follow the express terms of the Pooling and Service Agreement governing the pooled mortgages.

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MERS and the Evolution of Foreclosure

Simply, foreclosure is a legal process a bank uses to recover the money it lent by taking ownership of property purchased with the bank’s money after a default.  When borrowing money, a borrower will generally execute a promissory note (“Note”) (contract to pay back the money) and a deed of trust (security for a loan containing a right to foreclose).  The deed of trust…

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