Here are a few examples of recent cases I have handled ***: In a 2011 chapter 13 bankruptcy, I reduced the Debtors» second mortgage from $ 51,740.57 to $ 10,000.00 through an adversary
proceeding against the lender.
In a 2010 chapter 11 bankruptcy, I reduced a $ 202,248.12 secured obligation to $ 15,000.00 through an adversary
proceeding against the lender.
Not exact matches
You can also speak to a local attorney for free advice on how you can
proceed against the erring title loan
lender.
However, remember that too many inquiries into your credit will count
against you, so make sure that you understand a few things before allowing a
lender to
proceed with your application.
FHA insures the
lender against the risk that
proceeds from the sale of the property may not be sufficient to pay off the mortgage balance.
If the
lender's lawyer is not aware of or does not alert a
lender client to the existence of this exception, and highlight the potential for a denial of coverage if the mortgage
proceeds are paid to parties other than those permitted in the exception, the
lender's only likely recourse will be a negligence claim
against the
lender's lawyer in the event the
lender's title insurance claim is denied.
A collateral assignment is a legal document familiar to all
lenders and in effect is a lien
against the policy which guarantees insurance policy
proceeds are first payable to the «assignee», in this case the
lender, with the balance of
proceeds going to the named beneficiary of the policy.
A federal appeals court has affirmed that a class - action lawsuit can
proceed against a mortgage
lender for alleged violations of the RESPA anti-kickback provisions in a case previously summarized in The Letter of the Law.