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MERS Exodus

April 18, 2014 by admin Leave a Comment

The Mortgage Electronic Registration System (MERS) was created by the mortgage industry to fast-track the loan assignment process and helped bypass the burden of having to record every assignment.  MERS was a perfect solution during the mortgage securitization frenzy.  When the housing bubble imploded and foreclosure activity went through the roof, MERS found itself the target … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: attorney, deed, deed in lieu of foreclosure, foreclosure, foreclosure attorney, Foreclosure Topics, in, land, land use attorney, lien, lieu, of, sale', short, short sale, tax, tax lien attorney, Tax Lien Foreclosure, use

National Mortgage Settlement & Bounced Government Checks

April 19, 2013 by admin Leave a Comment

The New York Times recently reported that when homeowners went to cash checks coming from the National Mortgage Settlement, the checks bounced – yes bounced.  Ronnie Edward, whose home was sold in a foreclosure auction, apparently waited three years for his $3,000 check. When it arrived, he went to his local bank in Tennessee, only … [Read more…]

Posted in: Foreclosure Topics Tagged: attorney, deed, deed in lieu, defense, foreclose, foreclosure, foreclosure attorney, foreclosure defense attorney, Foreclosure Topics, in, lien, lieu, sale', short, short sale, tax, tax lien 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

Arizona Joins the Mortgage Servicer Settlement

February 13, 2012 by admin Leave a Comment

Arizona will receive $1.6 billion of the purported $25 billion joint federal-state settlement with the nation’s five largest mortgage servicers for their role in wide-spread servicer and foreclosure abuses.  Arizona Attorney General Tom Horne’s decision to join the broad settlement also means that his office has reached an agreement with Bank of America over allegations … [Read more…]

Posted in: Foreclosure Topics Tagged: Arizona, Arizona foreclosure attorney, Arizona tax liens, attorney, deed, deed in lieu of foreclosure, estate, foreclosure, foreclosure attorney, foreclosure law, Foreclosure Topics, in, Law, lien, liens, lieu, mortgage, mortgage settlement, of, real, real estate attorney, sale', settlement, short, short sale, short sale attorney, tax, tax lien foreclosure attorney, tax liens, Tucson, Tucson real estate

The Perpetually Imminent AG Settlement Has Arrived

February 7, 2012 by admin Leave a Comment

A long-vaunted settlement arising from the sixteen-month 50-state investigation into faulty bank foreclosure practices, which has perpetually been imminent, has finally concluded.  The deal was struck between federal banking officials, 49 states Attorneys General, and the five largest mortgage servicers – Bank of America Corp., JPMorgan Chase Co., Wells Fargo Co., Citigroup Inc., and Ally … [Read more…]

Posted in: Foreclosure Topics, Tax Lien Foreclosure Tagged: America, attorney, Bank, Bank of America, chain, chain of title, deed, deed in lieu, defense, deficiency, five, five largest servicers, foreclosure, foreclosure attorney, foreclosure defense attorney, foreclosure mills, Foreclosure Topics, in, largest, lien, lieu, MERS, mills, mortgage, mortgage settlement, of, robo-signing, sale', servicers, settlement, short, short sale, tax, Tax Lien Foreclosure, title

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

The Dirty Dozen Feeling the Heat from the Feds?

September 1, 2011 by admin Leave a Comment

When it rains, it pours.  The fallout from the artificially generated housing bubble and the attendant financial crisis is really starting to take hold against the various major players in the banking industry.  It seems everyone with any stake in the mortgage meltdown, from individual home owners to purchasers of mortgage-backed securities, are seeking their … [Read more…]

Posted in: Foreclosure Topics, Land Use Tagged: Arizona, attorney, big, County, deed, deed in lieu, fail, foreclosure, foreclosure attorney, foreclosure attorney Arizona, foreclosure attorney Tucson, Foreclosure Topics, in, land, Land Use, lien, liens, lieu, loan, loan modification Arizona, loan work out, modification, out, Pima, Pima County, sale', short, short sale, short sale attorney, tax, tax lien foreclosure attorney, tax liens, to, too, too big to fail, Tucson, use, work

Bank of America – Doing What it Seems to Do Best

December 31, 2010 by admin 2 Comments

I took three different calls this past week from homeowners who have sought the assistance of Bank of America’s servicing subsidiary, BAC Home Loans Solutions, for a loan modification.  What most unsuspecting homeowners do not realize is that BAC simply has no vested interest in actually making good on the false promises it continues to … [Read more…]

Posted in: Foreclosure Topics, Real Estate, Tax Lien Foreclosure Tagged: A, attorney, B, B of A, big, Countrywide, County, deed, deed in lieu, estate, fail, foreclosure, foreclosure attorney, Foreclosure Topics, in, lien, lieu, Maricopa, Maricopa County, of, Pima, Pima County, real, Real Estate, sale', scam, short, short sale, tax, Tax Lien Foreclosure, to, too, too big to fail

Clamping Down on the “Foreclosure Consultants”

September 21, 2010 by admin Leave a Comment

In an effort to curb the predatory practices of certain "loan modification" companies, claiming to offer loan modification services for an upfront fee, the Arizona Legislature recently passed several laws with some good sized teeth – codified at A.R.S. Sections 44-1378-1378.08. A.R.S. Section 44-1378.02, for example, prevents a "foreclosure consultant," as defined in A.R.S. Section 44-1378, … [Read more…]

Posted in: Foreclosure Topics, Real Estate, Tax Lien Foreclosure Tagged: Arizona, attorney, County, deed, deed in lieu, estate, Fleishman, foreclosure, Foreclosure Topics, Goddard, in, lien, lieu, loan, loan modification, modification, Phoenix, Pima, Pima County, real, Real Estate, s, sale', short, short sale, tax, Tax Lien Foreclosure, Terry, Terry Goddard, trustee, trustee's, Tucson
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Tucson Land Law Blog

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  • Arizona – When Does a Tax Lien Expire? October 1, 2015
  • Changes in Arizona Anti-Deficiency Law March 12, 2015
  • The Future of the Pecan Groves February 2, 2015
  • Drones – Smugglers & Drunken Larks January 28, 2015
  • Federal Aviation Administration Settles Case with Raphael Pirker January 23, 2015
  • Drones – The Looming Battle of Preemption January 20, 2015
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