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Fazzio Law Offices

Tax Law and Foreclosure Law Blog

Our blog is where we provide advice, present client tips, and talk about the latest legal news in the area and across the nation.


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9/24/2018
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The 2018 Summer Foreclosure Heatwave

Foreclosure starts increased in 44% of markets in July of 2018, according to the ATTOM Data Solutions July 2018 U.S. Foreclosure Market Report.

Category: Foreclosure Law

9/24/2018
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Deutsche Bank Pays Homeowner $30,000 for Predatory Loan

Deutsche Bank is paying a homeowner $30,000 after seeking to foreclose on the homeowner’s $65,000 investment property.

Category: Foreclosure Law

9/18/2018
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Wells Fargo Ordered by Judge to Review Homeowner for a Mod

At a Ch. 13 status conference held last week, Judge Drain ruled that Wells Fargo must fairly review a Nyack homeowner, denied a mod due to bank error.

Category: Foreclosure Law

6/3/2018
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Prior Foreclosure is Not Necessarily an Act of Acceleration!

For NY SOL purposes under CPLR 213[4] filing a complaint can be an "act of acceleration" but this is not always the case, Suffolk Supreme Court finds...

Category: Foreclosure Law

6/3/2018
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DiTech Lacks Standing b/c It Produced No POA

Servicers acting for Lenders must have a valid POA to effect a transfer or assignment of a mortgage, and failure to prove authority can stall a case.

Category: Foreclosure Law

Labels: DiTech NoPOA
5/28/2018
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Send a QWR to the Bank to Protect Your Interests

The bank must respond under RESPA and provide you a detailed accounting of your payments and the activity on your mortgage account.

Category: Foreclosure Law

5/28/2018
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Homeowners Can Sue Bank for Breached Trial Mod

Banks must give you a modification once you do a trial mod and meet all the terms, subject to enforcement, damages and sanctions if they back out.

Category: Foreclosure Law

5/28/2018
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Bank Foreclosure Barred by 6-Year SOL

The statute of limitations can be a potent weapon in the right circumstances.

Category: Foreclosure Law

7/28/2016
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Zombie Foreclosures

Zombie Foreclosures Depress Housing Prices and Threaten the Integrity of the Foreclosure Process

Category: Foreclosure Law

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7/28/2016
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Menendez's "Preventing Abandoned Foreclosures and Preserving Communities Act of 2016" A Step in the Right Direction

Zombie Foreclosures Maintaining Abandoned Properties and Bank Neglect in the Foreclosure Process

Category: Foreclosure Law

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3/30/2016
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In Defense of Free Houses

Public Policy Concerns Over Waste, Fraud, and Abuse Mitigate in Favor of Giving Prevailing Foreclosure Defendants "Free Houses" and Dismissals with Prejudice

Category: Foreclosure Law

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3/30/2016
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East Orange Takes on Fannie and Freddie

Home Retention 3 Times as Likely with Fannie and Freddie Loans Sold to Nonrpofits

Category: Foreclosure Law

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3/16/2016
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Armed Services Foreclosure Relief Passes Unanimously

NJ Law Armed Services Relief Grace Period of 1-Year for Returning Military Service Veterans Dovetails SCRA

Category: Foreclosure Law

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3/14/2016
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Brooklyn Courts React to Old Foreclosure as Statutes Expire

Banks Chance to Foreclose Expiring in NY As Tens of Thousands of Cases Are Set for Expiration of the Statute of Limitations Straining Court Resources

Category: Foreclosure Law

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9/14/2015
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Mortgage Modification FAQs - Fazzio Law Offices

Mortgage Modification FAQs

Category: Foreclosure Law

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3/23/2015
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From Final Judgment to Eviction - Fazzio Law Offices

From Final Judgment to Eviction

Category: Foreclosure Law

3/15/2015
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Adding Fuel to the Fire: PMI and Foreclosures - Fazzio Law

Adding Fuel to the Fire: Private Mortgage Insurance and Foreclosures

Category: Foreclosure Law

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3/15/2015
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How Foreclosure May (or May Not) Affect the Tenant - Fazzio Law

How Foreclosure May (or May Not) Affect the Tenant

Category: Foreclosure Law

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3/7/2015
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New Jersey Foreclosure Filings Up By 71% - Fazzio Law Offices

New Jersey Foreclosure Filings Up By 71%

Category: Foreclosure Law

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3/7/2015
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Vietnam Veteran Losing Home to Predatory HSBC Loan - Fazzio Law

HSBC Foreclosure Predatory Loan Veteran

Category: Foreclosure Law

2/23/2015
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Irresponsible Mortgage Lender Leads to Loss of Home - Fazzio Law

QWR Foreclosure Qualified Written Request Escrow Payments Applying Payments

Category: Foreclosure Law

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2/17/2015
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Borrower Can Sue If Bank Fails to Modify After Trial Payment

Appellate Court Says Homeowner Has Causes of Action for Breach/Fraud When Bank Fails to Modify the Loan After Trial Plan Payments Are Made Under HAMP

Category: Foreclosure Law

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2/17/2015
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Foreclosure Barred After 6 Years and Borrower Gets Free Home

Banks Must Foreclose Within Six Years or Their Claims Will be Disallowed Subject to the Fair Foreclosure Act and the Borrower Can Get Clear Title

Category: Foreclosure Law

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2/11/2014
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WHY ARE YOU HERE -- FREQUENTLY ASKED QUESTIONS BY FORECLOSURE CLIENTS

Foreclosure Mediation Note New Jersey New York Mortgage Default Standing Defense Consumer Fraud Modification Home Lose Trust Pooling Servicing Servicer Bank

Category: Foreclosure Law

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2/10/2014
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The Lost Note Defense - Appeals Court Allows Testimony In Lieu of Note

Lost Note Summary Judgment Foreclosure New Jersey NJ New York NY Affidavit Modification Bank of America Wells Fargo Mac Deutsche Servicer Answer Assignment

Category: Foreclosure Law

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