Nick Adama

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Check Fraud - Forged Signatures, Indorsements, and Alterations

05th January 2010
When it comes to identity theft, credit card numbers and bank account information stolen through electronic means is becoming more popular than the traditional check fraud schemes. It seems that there is a new press release every day indicating a corporat... Read >

Diversity Jurisdiction in a Foreclosure Case

04th January 2010
The following are some miscellaneous legal issues that may affect a foreclosure case. These include the issue of putting a case into federal court from state court, as well as diversity jurisdiction. Finally, if homeowners win a case against a bank, and t... Read >

Foreclosure of a Land Sale Contract

04th December 2009
A number of homeowners exist in a kind of legal limbo between being renters and having a mortgage. They are not renting under a lease agreement, but they have not bought the property and obtained a mortgage. As well, they do not own the home they are livi... Read >

Deficiency Judgments After Foreclosure - Limitations and Restrictions

10th November 2009
Homeowners are often worried that the foreclosure process will never end. The bank will sue them, publish their personal financial problems in the newspaper, take their home back, evict them, and then sue them again for any deficiency from auctioning the ... Read >

How Can Homeowners Reverse a Sheriff Sale?

09th November 2009
Too many homeowners who have already lost their homes are looking for one final chance to get them back. They have contacted nearly every loss mitigation company, nonprofit organization, and government agency in the country, all of which have informed the... Read >

Mortgage Default and Default Judgment in Foreclosure - What's the Difference?

22nd October 2009
When banks foreclose on a home, the owners are often confused by the language used in the various legal documents. One of the terms that causes the most confusion is "default." There are at least two different ways that this word is used during the forecl... Read >

Foreclosure and Lenders' Failure to Follow FHA Preforeclosure Procedures

15th October 2009
The US Department of Housing and Urban Development (HUD) has established requirements that lenders must meet in order to bring a legitimate foreclosure action against homeowners. These rules apply to mortgages that are insured by the Federal Housing Admin... Read >

Mortgage Servicing Fraud - How They Push Homeowners to Foreclosure

11th September 2009
In the past couple decades, since the government essentially created the abuse-encouraging mortgage servicing industry, there has been a wave of lawsuits against these servicers for a range of activities. Obviously, there is a systemic problem and homeown... Read >

Nonjudicial Foreclosure - Violation of Borrowers' Due Process Rights?

29th August 2009
In states that allow a nonjudicial foreclosure through a power of sale clause in a deed of trust, homeowners find that their properties are sold out from under them without a hearing or chance to defend themselves. In fact, it is up to the borrowers to br... Read >

Sue Your Bank for a Deficiency After a Sheriff Sale

30th June 2009
One of the greatest worries from homeowners trying to save their homes from foreclosure is that the bank will sell their property at auction and then sue them again for a deficiency judgment. While it is uncommon for banks to do this to borrowers, many st... Read >

The Role of Commercial and Investment Banks in the Housing Crisis

12th June 2009
For all of the bailout money being given to banks, it seems that more credit should be available to potential borrowers or, at the very least, huge Wall Street firms should not have gone out of business or converted to a different type of bank. But this h... Read >

Mortgage Servicing Abuse -- Signs to Watch Out For

06th June 2009
Homeowners can use mortgage servicing fraud and abuse practices as a defense to stop a foreclosure lawsuit. Once mortgage loans are originated, they are frequently packaged and sold off to investors. While no one may really know who owns the loan, the rig... Read >

Repayment Plans Doomed to Fail, Loan Modifications Never Offered to Borrowers in Foreclosure

18th May 2009
When homeowners on their own negotiate with a lender for a loan modification to avoid foreclosure, the owners typically end up with a repayment plan instead of a modification. The differences between the two plans, however, could not be more drastic, and ... Read >

How Many Defects Did the Bank Put In Your Mortgage Note?

27th April 2009
With all of the different parties involved in a mortgage transaction, it can be surprisingly easy for important mistakes to be made in the mortgage or note documents. Banks can be held accountable for these mistakes, even if they are not discovered until ... Read >

Avoid Eviction After Foreclosure

10th March 2008
Having to face the inevitability of moving out after facing foreclosure can be one of the most disappointing and nerve-wracking experiences for homeowners. Especially in states where the time to leave the property is very short, there is a real possibilit... Read >