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Reality Check on Real Party in Interest / “Produce The Note” Strategy

Contributed by Kevin Chern, Total Attorneys, Inc. Fill out this form for a free foreclosure and bankruptcy consultation with an attorney! Homeowners facing foreclosure are, understandably, looking for hope. News reports of homeowners successfully asserting the “produce the note” defense to stop foreclosure have sparked that hope in many. It seems only logical that a [...]

8Mar2010 | | 6 comments | Continued
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The Real Alternative To Walking Away Is A “Back Door Cram Down”

I get many folks who have refinanced that second mortgage, or who want to keep their homes, but can’t pay for the adjusted payment on their mortgage, or don’t want to pay on a house that worth substantially less than they owe on it. They have tried to get the bank to work with them, but are frustrated because the bank won’t talk unless they are two payments behind and the only thing the bank will do is freeze their payments or add their arrears to their loan balance. Banks will not reduce the principal amount on loans to fair market value to save a borrower from foreclosure. They just won’t do it.

Once again it’s the 80/20 loan to the rescue.

18May2008 | | 11 comments | Continued

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