Category Archives: Uncategorized

Since 2005 the mechanism for property purchasers to use the Phase 1 ESA process to establish “innocent owner” status has been used to mitigate liability from environmental factors resulting from prior property usage. The ASTM standard E-1527-05 and subsequent modifications allow for a … Continue reading →

A foreclosed property has a serious impact on its occupants as they go through the anxiety of financial distress and eventual eviction. A secondary and significant effect is the toll that this process takes on the surrounding neighborhood and even … Continue reading →

Among the more common and publicized errors from the mortgage crisis are robosigned loans, missing assignments, and incorrect foreclosures. A less visible but equally dangerous risk for homeowners is that from unreleased mortgages. During the past decade mortgage refinancing was … Continue reading →

The mortgage process used in the early 2000′s left room for a great deal of mischief. Some of the consequences of those actions are falling on the actors now. From borrowers to brokers to lenders to banks to investment institutions, … Continue reading →

What are experts predicting for the future of housing, in terms of price and sales volume? The past few weeks have seen an extraordinary number of sharply negative views on the residential markets. Many experts agree that a large volume of pent … Continue reading →

The battle over foreclosures is pushing the envelope for legal strategies in court cases all over the country. One of the fastest growing trends appears to be the use of quiet title actions to resolve difficult scenarios. Both lenders and … Continue reading →

From the mid-1980′s forward there were about 20 years where foreclosure investing was a hot area for entrepreneurs. Individuals looked toward foreclosure auctions and bank REO property to get properties at a discount to then resell in the traditional market. … Continue reading →

Is the previously uncommon quiet title action becoming a tool in foreclosure conflicts? In prior articles I wrote what we were seeing more instances of quiet title actions used by both lenders and borrowers to resolve difficult mortgage controversies. A … Continue reading →

“In an opinion that will likely preserve the validity of hundreds, if not thousands, of mortgage foreclosures across the state, the Michigan Supreme Court recently confirmed the ability of Mortgage Electronic Registration System (MERS) to perform non-judicial foreclosures by advertisement … Continue reading →

Pending CFPB rule could lead to flood of foreclosure challenges - If the Consumer Financial Protection Bureau wishes, it could allow borrowers to challenge future foreclosure actions by questioning whether the loan was a “qualified mortgage” in court. Are Non-Traded REITs Finally Headed Toward … Continue reading →