Tag Archive: lender

Foreclosure Proceedings and the Right of Redemption in NY

New York is a judicial foreclosure state and the process can take over a year to proceed from Summons & Complaint through judgment and then auction. A homeowner has a right to redeem up and until auction, but unlike many states, there is no right of redemption after Sale (but see Bill proposing to allow…

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Round Two: Suffolk County Supreme Court’s Judge Spinner Takes on Wells Fargo

Having recently issued a decision canceling an Indymac mortgage lien in another foreclosure action, Judge Spinner turns his attention to the outrageous actions of Wells Fargo and holds the mortgage behemoth liable for trespass, resulting in $155,092.00 judgment, in Wells Fargo v. Tyson. At the outset, the court pointed out that the Plaintiff sent a…

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REO Fraud: A Study In How NOT to Flip an REO

So I have been playing around with a new feature added to Property Shark: Deep Owner Search.  You can type in a person’s name, a corporation name or an address and see what properties are associated with that information.  From there, you can also search that person’s associates and so forth. Since I have practiced…

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Don’t Believe the Hype: FHA’s Temporary Waiver of 90 Seasoning Rule

On Friday, January 15, 2010, HUD Secretary Shaun Donovan issued a  press release, as part of HUD’s Neighborhood Stabilization initiative, temporarily waiving FHA’s 90 Day Seasoning Rule.  Amazingly, HUD is cognizant that the seasoning guideline is having a negative impact on alleviating the problem of abandoned and blighted homes: “In today’s market, FHA research finds…

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U.S. Treasury: Putting the ‘Short’ Back in Short Sales?

Any real estate professional, who engages in short sale negotiations, is fully aware of just how frustrating the process can be or even downright impossible. There are financial incentives for mortgage servicers to drag out the process as long as possible. It takes weeks, sometimes months, to get a response from the banks, who often…

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Treasury, Fed, FDIC Urge Banks to Start Lending

These agencies issued a joint statement to put the pressure on banks to resume Lending again.  “The statement calls on banks to step up and ensure that the needs of credit-worthy borrowers are met and to continue raising capital to support the nation’s financial system. It also calls on financial institutions to take on aggressive…

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Jack of All Trades and Master of None: Attorneys Wearing Multiple Hats in a Transaction

One of the perks of passing the New York State Bar Examination and subsequently being admitted to the bar as an attorney is the ability to obtain a real estate brokers’ license by merely filling out a form and paying a fee. As a matter of fact, an attorney can actually act as a real…

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