Foreclosure Defense: A Practical Litigation Guide, Second Edition will assist you in navigating alternative dispute resolutions to hopefully avert a foreclosure action from even being filed against your client; but if an action is filed, the book offers many possible litigation strategies and defenses. Citing the most recent and developing cases, Foreclosure Defense focuses on a number of issues raised in recent law and news, as well as the predominant recurring issues. In three parts -- Ethical Considerations, Trial Basics, and Summary Judgment and Beyond -- the book walks you through the basics of loans, the applicable federal laws with a look at different state regulations, what loan modification programs are available, unscrupulous bank practices, affirmative defenses, getting summary judgment dismissed, and everything else you need to know to protect your client's home, as well as what to counsel when you cannot.
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Produkt-Hinweis
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Höhe: 229 mm
Breite: 152 mm
Dicke: 18 mm
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ISBN-13
978-1-64105-641-0 (9781641056410)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
After working for foreclosure firms for about two years and seeing the real-life impact of foreclosure on individuals and families, Rebecca A. Taylor started a solo practice defending against foreclosures to put to use the knowledge she had gained of the system for the benefit of the people. Ms. Taylor grew up in Newark, Delaware. She obtained a B.A. degree from Rutgers College in American Studies. After college, Ms. Taylor moved to New York City and began work as a paralegal in 1997. She completed temporary assignments with some of New York's top law firms, such as Sullivan & Cromwell, Skadden Arps, and Rogers & Wells. Ms. Taylor served in the 82d Airborne Division of the U.S. Army from 2000 to 2001 and received an honorable discharge. Ms. Taylor entered Nova Southeastern University Shepard Broad Law Center in 2001. She earned her J.D. degree and was admitted to the Florida Bar in 2004. Ms. Taylor earned the top award for pro bono service at graduation for her services as a summer law clerk with the Palm Beach Circuit Court. Over her career as an attorney, Ms. Taylor has focused on litigation, practicing in family law, landlord-tenant law, commercial litigation, guardianships, appellate work, property rights, consumer advocacy, tort law, and foreclosures. Ms. Taylor currently resides in Hollywood, Florida, with her husband, Jim, and son, Carl. Her Facebook profile is available at www.facebook.com/pages/Rebecca-A-Taylor-Attorney-at-Law, and her website is www.rataylorlaw.com.
DedicationvContentsviiAcknowledgmentsxiIntroductionxiiiWhat This Book Is and Is NotxivPart I: Ethical Considerations1Chapter 1Inside the Bank Foreclosure Defense Industry3Chapter 2Advertising7Chapter 3Conduct Toward Opposing Counsel and Parties9Part II: Litigation Basics15Chapter 4Written Arguments17Chapter 5Preparing for Hearings23What Are Your Client's Goals?27Chapter 6The Initial Client Interview27Have Your Clients Been Defrauded by ¿Foreclosure Consultants¿?31Do Your Clients Have Any Assets to Support an Offer?39Military Status41Chapter 7Special Circumstances41Protecting Tenants at Foreclosure Act of 200944Reverse Mortgages45Chapter 8Inside Your Client's Loan49Find Out Who Owns Your Loan49Loan Modifications52The Power of the Media59Home Affordable Modification Program (HAMP)63Waiver of Deficiency Judgments67Chapter 9Loss Mitigation67Deed in Lieu of Foreclosure68Short Sale68Conciliation Conference70Mediation72The Mediation Bank Representative74Preparing for the Mediation75Mediating in Good Faith79Court Enforcement of Mediation Requirements81Cash for Keys84Court-Ordered Modifications85Chapter 10Motion for Sanctions89Shotgun Foreclosures93Due Process95Chapter 11The Demand Letter99Chapter 12Fair Debt Collection Practices Act105Disputing the Alleged Foreclosure Debt108Chapter 13Notice of Appearance111Chapter 14Vacating a Default Judgment113Chapter 15Requirements for Service of Foreclosure Complaints117Chapter 16Motion to Dismiss123Dissecting a Foreclosure Complaint124Is the Complaint Required to Be Verified?131Lack of Standing/Improper Plaintiff134If a Plaintiff Cannot Prove Ownership or Enforcement Rights at the Time It Files Foreclosure, It Has NoStanding137The Plaintiff May Have No Relationship to the Loanat All143The Mortgage Electronic Registration Systems146Chapter 17Foreclosures Against Parties with No Interestin the Property149Chapter 18Super-Priority Liens155Chapter 19Affirmative Defenses159Plaintiff 's Motion to Strike Affirmative Defenses163Deceptive and Unfair Trade Practices and SubprimeLoans167The Truth In Lending Act172Home Owner's Equity Protection Act177Real Estate Settlement Procedures Act178Qualified Written Requests181Fraud185Failure to Comply with Conditions Precedent188Other Conditions Precedent Which May Be Containedin the Mortgage201Payment204Counterclaims205Class-Action Complaint211Other Affirmative Defenses215Chapter 20Discovery229Interrogatories234Requests for Production238Request for Admissions240Depositions241Motions to Compel246Part III: Summary Judgment and Beyond249Chapter 21Summary Judgment251Affirmative Defenses May Raise a Genuine Issueof Material Fact256Chapter 22Trial Orders265Appeal268Sale270Chapter 23Bankruptcy273Chapter 24The Neighborhood Assistance Corporation of America279Conclusion281Index283About the Author297
