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foreclosure defense

Foregiveness Act Survives the Fiscal Cliff

January 2, 2013 by admin Leave a Comment

The Mortgage Debt Relief Act of 2007 has survived the "fiscal cliff," which will invariably lead to a continued increase in the number of short sales nationwide.  The "fiscal cliff" deal will extend the Act for another year, meaning that homeowners who receive debt forgiveness resulting from a foreclosure, deed in lieu, or short sale … [Read more…]

Posted in: Real Estate Tagged: attorney, defense, estate, foreclosure, foreclosure defense, land, lien, real, Real Estate, real estate attorney, sale', short, short sale, tax, tax lien, tax lien foreclosure attorney, Tucson, Tucson land use attorney, Tucson real estate attorney, use

Will They Extend It?

November 9, 2012 by admin Leave a Comment

So, the election is over and the "fiscal cliff" is awaiting.  Will The Mortgage Forgiveness Debt Relief Act of 2007 (the "Act") be extended?  Given its bi-partisan support in the past, I would venture to say that it likely will be extended another year.  The extension of the Act is a concern for many given … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: act, America, attorney, Bank, Bank of America, cliff, defense, estate, fiscal, fiscal cliff, foreclosure, foreclosure defense, Foreclosure Topics, lien, mortgage, mortgage relief act, mortgage settlement, of, real, real estate attorney, relief, settlement, tax, Tax Lien Foreclosure, tax lien foreclosure attorney, Tucson, Tucson real estate attorney

Another Affirmation of Arizona’s Anti-Deficiency Protections

July 19, 2012 by admin Leave a Comment

The Arizona Court of Appeals in Phoenix recently ruled in Independent Mortgage Company v. Alaburda, that Arizona’s anti-deficiency law (A.R.S. Section 33-814(G)) protects a borrower who has a fractional interest in a vacation home.  The Alaburdas purchased a 1/10th fractional interest in a single-family residential condo in the exclusive Villas at Seven Canyons in Sedona.  … [Read more…]

Posted in: Foreclosure Topics Tagged: America, attorney, audit, Bank, Bank of America, deed, deed in lieu, defense, foreclosure, foreclosure defense, Foreclosure Topics, in, lien, lieu, of, RESPA, sale', securitization, securitization audit, short, short sale, tax, tax lien foreclosure attorney

Cash Out Refinance – No More Anti-Deficiency Protections in Arizona

March 23, 2012 by admin Leave a Comment

The Arizona Court of Appeals (Division 1 in Maricopa County) just issued an opinion entitled Helvetica v. Pasquan, which addresses the scope of Arizona’s anti-deficiency protections in the judicial foreclosure (non-trustee’s sale) context.  The first issue the Court addressed is whether refinancing a purchase money loan forfeits a borrowers’ anti-deficiency protection, to the extent that … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: anti-deficiency, Arizona, Arizona foreclosure defense attorney, attorney, deed, deed in lieu of foreclosure, defense, foreclosure, foreclosure defense, foreclosure defense attorney, Foreclosure Topics, in, lien, lieu, loan, MERS, mortgage, non-recourse, non-recourse loan, of, recourse, recourse loan, sale', settlement, short, short sale, tax, tax lien, Tax Lien Foreclosure

Election Year Bravado

January 27, 2012 by admin Leave a Comment

A new federal federal task force, dubbed the "Residential Mortgage-Backed Securities Working Group" led by New York Attorney General Eric Schneiderman has sent subpoenas to the 11 largest financial institutions in the past few days as part of its investigation into possible residential mortgage-backed securities fraud.  Attorney General Eric Schneiderman who was cast off the central … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: Arizona, Arizona foreclosure attorney, attorney, deed, deed in lieu of foreclosure Arizona, defense, foreclosure, foreclosure defense, Foreclosure Topics, in, lien, lieu, of, robo-signing, sale', short, short sale, short sale attorney, tax, tax lien attorney, Tax Lien Foreclosure, Tucson

Bank of America in the Cross Hairs

December 18, 2010 by admin Leave a Comment

Arizona Attorney General Terry Goddard announced that on December 17, 2010, his Office filed a lawsuit against Bank of America and its affiliated companies  alleging violations of the Arizona Consumer Fraud Act and violations of the consent judgment entered in March 2009 between Arizona and the Countrywide companies owned by Bank of America. The lawsuit, … [Read more…]

Posted in: Foreclosure Topics Tagged: A, Arizona, attorney, B, B of A, defense, deficiency, foreclosure, foreclosure defense, Foreclosure Topics, fund, lien, Maricopa, of, Pima, sale', short, short sale, tax, tax lien, tax lien fund

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