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With respect to any action required by the mortgagee or lender within a period of time prescribed by this subpart the Commissioner may extend such period. By interjecting this into your answer or SMJ you are basically america advance telling the court that the banks has not provided or offered into evidence anything from the Commissioner that states that the time requirement is waived.
The only person who could fix this is the Commissioner.
Now in this case I am assuming that Countrywide was the original lender and then they were bought out by BOA. Thanks for this case, very interesting, and is something I have said since day one.
What I also find interesting is that no one ties a very small but important part of the code to the face to face requirement: 203.
With respect to any action required by the mortgagee or lender within a period of time prescribed by this subpart the Commissioner may extend such period. By interjecting this into your answer or SMJ you are basically telling the court that the banks has not provided or offered into evidence anything from the Commissioner that states that the time requirement is waived. The only person who could fix this is the Commissioner. Now in this case I am assuming that Countrywide was the original lender and then they were bought out by BOA. Prior to foreclosure, there is a form the servicers must complete where HUD asks if the meeting was held, and if not, why not. Most servicers lie and just say it was held OR attempted because private lenders personal loans how would HUD ever find out the truth. If the courts were honest and if the homeowners were guaranteed due process, things would be very different. As an attorney once told me, NJ courts despise this defense. There are countless appellate cases in other states. Of course, another possibility is people may have a hard time finding or paying counsel.
Says a lot about America, supposedly instant cash advance online the greatest nation, when our courts are one big fraud. For anyone else reading this, this case deals with the issue of a borrower who files BK, surrenders the home in the filing, yet still answers the foreclosure complaint and defends using the face-to-face defense. This is very critical, especially in states where the foreclosure court is not sympathetic to the defense. It just resets the statute of limitations until they have a face-to-face meeting (during which they have the same interest of doing nothing to help. It just resets the statute of limitations until they have a face-to-face meeting (during which they have the same interest of doing nothing to help. This thread gets an incredible amount of views, but few posts.
Probably more than a few foreclosure mills have been same day loans online eyeing it. The regulation has a specific timeline for the meeting to be held.
The meeting is geared to STOP a foreclosure, not to play games during a foreclosure. Any lender attempting to have a meeting after years of default would not have any serious intentions, other than being able to resume the foreclosure process. The homeowner has permanently lost all the options they had available when the loan was only 2 months delinquent. The only way this would be fair to the homeowner is if the court required the lender to work with the homeowner as if the loan was at the point when it was 2 months in default. For years, I have been following countless cases using this defense. Following dismissal, most times, the case sits and the lender does nothing. Borrowers have to look at everything, especially their state statutes on the SOL, their states history of decisions in foreclosure cases, and then make a decision. If they think they can LATER on a SOL claim, then they have to play poker with a valid defense.
Fact is though, most foreclosure cases never get to the point where the SOL will ever apply. For cases where the foreclosure complaint is filed early after default, with few or no defenses, that case will be long over before getting anywhere near the SOL.
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In my state, I think I have seen 3 SOL appeals in the last 6 years - they lost.
Even in cases where the lender waited years to foreclose, if they filed before the SOL ran, I think the borrower would be taking a big chance by holding out on a defense in hopes of a dismissal and a refiling after the SOL. But they have a very high chance of losing in FL and my state. Many states have a big distaste for a homeowner getting a free house, so the court, sua sponte, will amend or falsely reinterpret the SOL right there in the courtroom so the lender can win. Where I live, there is a statewide court conspiracy to do anything at all to make sure borrowers lose in court. One almost has to have God standing in the courtroom to have judges be fair. Of course, as you probably know, once you pass on defenses in the lower court, you cannot raise them in the appellate court. Many borrowers get great loan mods or other settlements to end the process. In any court where the judge is fair and abiding by the law and contract, the lender is in a huge predicament.
Holding out on this defense is not a decision I will make. Lawyers america advance do often miss stuff and they can make the dumbest arguments sometimes. I have Google alerts set up to alert me whenever anything about 24 CFR 203.
And I have a separate alert set up to notify me about cases where this was at issue. So far, never seen a case where the issue of the SOL arose after america advance a prior dismissal of a foreclosure case regarding the face-to-face meeting. If the police fail to get a personal loan today read a suspect his Miranda rights at the time of arrest, and then the suspect sits in jail for 5 years, the police will not be able to make it right by reading the suspect his Miranda rights 5 years later. And the timeframes must apply and have meaning when a party is trying to steal away our property.