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foreclosure defense Archives

Robo-signers lead to an unexpected foreclosure defense tactic

San Antonio residents who get hit with a foreclosure notice usually don't find it surprising. The financial circumstances that led to their inability to pay their mortgage -- sure, these might have taken them by surprise. However, they probably expected the foreclosure notice that came several months later.

What's a foreclosure by power of sale?

Texas foreclosure proceedings don't go through the court in most cases. Instead, most foreclosure proceedings are "nonjudicial foreclosures." This that the lender can take advantage of a "power of sale" clause contained within the mortgage, which permits the foreclosure of the property with less court oversight. If no power of sale clause is present, a judicial foreclosure will be necessary.

Foreclosure affidavits: Beware of robo-signing

Your foreclosure process will likely involve numerous affidavits. These are legal documents in which someone signs off on a specific set of facts. Foreclosure affidavits require the servicer of a mortgage to confirm that the foreclosure is valid and may move forward. The affidavits certify that the servicer has the legal right to foreclose and that the mortgage holder is in default.

When a military service member faces home foreclosure

At the Law Office of Matthew J. Obermeier, we represent Texas homeowners in their foreclosure proceedings by presenting a strong defense against the foreclosure process. We also assist by recommending various strategies to homeowners that may assist them in keeping their homes and avoiding foreclosure altogether.

What's the time frame for the average foreclosure in Texas?

The housing market and the economy in general have been recovering since the "Great Recession" of 2008. However, some Texas families are still facing financial difficulty. Certain families could even be facing the threat of losing their home to foreclosure. If you're in this situation, you might be curious how long the foreclosure process takes to complete.

What's a foreclosure by judicial sale

It doesn't matter what state you live in, foreclosure by judicial sale is available. Foreclosure by judicial sale is the process of selling a mortgaged property under court supervision. First, the proceeds from the sale go to pay off the mortgage. Second, they go to pay off other lien holders. Third, anything leftover will belong to the original mortgage borrower.

3 ways to prevent a home foreclosure

The situation comes about for different reasons, but it usually involves a homeowner getting behind on his or her mortgage payments. When this happens, the bank will eventually start the foreclosure process. When faced with foreclosure, homeowners usually start to get desperate for a solution. Fortunately, there are some strategies homeowners can use to prevent foreclosure and even stop it in its tracks.

Foreclosure defense for active military servicemembers

Active military servicemembers have a lot to worry about when it comes to defending our nation's security. However, these honorable military men and women also need to defend their personal financial security in addition to their job duties. This is a lot to keep track of and when foreclosure proceedings threaten to take away a servicemember's family home, the pressure and stress can quickly become overwhelming.