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We’ve all heard the reports. Americans are losing their homes in record numbers, and the housing crisis seems unlikely to subside anytime soon. Foreclosures affect all kinds of people and all kinds of properties. Many people faced with foreclosure feel helpless and resigned to giving up their homes without even trying to save them. The good news is that with the right advice, homeowners can take control of the situation, avoid foreclosure proceedings, and even protect their credit. Lloyd Segal, mortgage banker, attorney, and real estate investor has spent the last twenty-five years helping homeowners save their houses. In Stop Foreclosure Now, he shows readers how to: develop a plan to delay or stop foreclosure • understand the documents involved • negotiate with their lender • use the courts to stop foreclosure and bankruptcy • arrange to refinance their property • sell their property quickly • use military status to stop foreclosure • understand foreclosure laws in all 50 states Timely and indispensable, this guide will help anyone survive the housing crisis and preserve their most important investment.
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.
In the aftermath of the 2008 financial crisis, more than 14 million U.S. homeowners filed for foreclosure. Focusing on the hard-hit Sacramento Valley, Noelle Stout uncovers the predacious bureaucracy that organized the largest bank seizure of residential homes in U.S. history. Stout reveals the failure of Wall Street banks’ mortgage assistance programs—backed by over $300 billion of federal funds—to deliver on the promise of relief. Unlike the programs of the Great Depression, in which the government took on the toxic mortgage debt of Americans, corporate lenders and loan servicers ultimately denied over 70 percent of homeowner applications. In the voices of bank employees and homeowners, Stout unveils how call center representatives felt about denying appeals and shares the fears of families living on the brink of eviction. Stout discloses the impacts of rising inequality on homeowners—from whites who felt their middle-class life unraveling to communities of color who experienced a more precipitous and dire decline. Trapped in a Kafkaesque maze of mortgage assistance, borrowers began to view debt refusal as a moral response to lenders, as seemingly mundane bureaucratic dramas came to redefine the meaning of debt and dispossession.
Are you facing foreclosure? Learn the facts and your options on what you can do about it! Get the latest information on the 2012 laws affecting distressed California property owners. This book includes practical solutions in easy to understand terms on the options available to distressed California residential and commercial property owners. The Property Owners' Options Chart is a quick "thumbnail" showing each property type and the various options from which to choose. Detailed explanations are given for each property type. It also includes valuable information about: - 2012 California legislation impacting distressed property owners; - How to walk away from your home with money in your pocket; - How distressed property owners can fall victim to lawsuits; - Foreclosure scams to collect on purchase money; - Tax consequences if you fail to file a 1099 A or C. This book is an essential tool for anyone at risk of foreclosure. Real estate agents, brokers, and loan professionals need this book, as it is their duty to insure clients are fully advised of all their options. How to Avoid Foreclosure in California, 2012 Edition was written by California real estate trial attorney Howard L. Hibbard, who, for over 30 years has handled hundreds of cases related to complex real property matters from construction defect to foreclosures. In addition, Mr. Hibbard's expertise is in business law, litigating corporate issues, as well as bankruptcy adversary actions.
A moving exploration of homeownership, freedom, and the American Dream in light of the ongoing financial crisis and mass foreclosure.
Takes a skeptical look at a leading argument about what is causing the foreclosure crisis and what should be done to stop it. The authors focus on two key decisions: the borrower's choice to default on a mortgage and the lender's subsequent choice whether to renegotiate or modify the loan. Unaffordable loans, defined as those with high mortgage payments relative to income at origination, are unlikely to be the main reason that borrowers decide to default. The efficiency of foreclosure for investors is a more plausible explanation for the low number of modifications to date. Policies designed to reduce foreclosures should focus on ameliorating the effects of job loss rather than modifying loans to make them more affordable on a long-term basis. Illustrations.
Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.
A New York Times Notable Book for 2011 A Boston Globe Best Fiction Book of 2011 The great panoramic social novel that Los Angeles deserves—a twenty-first century, West Coast Bonfire of the Vanities by the only writer qualified to capture the city in all its glory and complexity With The Barbarian Nurseries, Héctor Tobar gives our most misunderstood metropolis its great contemporary novel, taking us beyond the glimmer of Hollywood and deeper than camera-ready crime stories to reveal Southern California life as it really is, across its vast, sunshiny sprawl of classes, languages, dreams, and ambitions. Araceli is the live-in maid in the Torres-Thompson household—one of three Mexican employees in a Spanish-style house with lovely views of the Pacific. She has been responsible strictly for the cooking and cleaning, but the recession has hit, and suddenly Araceli is the last Mexican standing—unless you count Scott Torres, though you'd never suspect he was half Mexican but for his last name and an old family photo with central L.A. in the background. The financial pressure is causing the kind of fights that even Araceli knows the children shouldn't hear, and then one morning, after a particularly dramatic fight, Araceli wakes to an empty house—except for the two Torres-Thompson boys, little aliens she's never had to interact with before. Their parents are unreachable, and the only family member she knows of is Señor Torres, the subject of that old family photo. So she does the only thing she can think of and heads to the bus stop to seek out their grandfather. It will be an adventure, she tells the boys. If she only knew . . . With a precise eye for the telling detail and an unerring way with character, soaring brilliantly and seamlessly among a panorama of viewpoints, Tobar calls on all of his experience—as a novelist, a father, a journalist, a son of Guatemalan immigrants, and a native Angeleno—to deliver a novel as broad, as essential, as alive as the city itself.