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FLORIDA FINALLY ADOPTS MANDATORY MEDIATION IN FORECLOSURE ACTIONS ON HOMESTEAD PROPERTY: FDN PROPOSED THIS TO FLORIDA OVER A YEAR AGO

December 29, 2009

The Supreme Court of Florida recently entered an Administrative Order requiring mandatory mediation in all foreclosure actions directed at “homestead” property (primary residence demonstrated by certain evidence). The Order requires that the foreclosing party disclose, as part of the Mediation procees, certain documents including proof of ownership of the Note and Mortgage and all evidence [...]

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INTERESTING FIFTH AMENDMENT THEORY BEING TESTED IN CALIFORNIA AS TO DENIAL OF LOAN MOD AND HAMP PROGRAM

December 29, 2009

December 29, 2009
We are seeing more and more new legal theories being tested in connection with foreclosure defense. The recent rash of loan mod denials has lead one set of California borrowers to sue the U.S. Government claiming denial of Fifth Amendment Constitutional rights for the Government’s failing to create rules to implement the Government’s [...]

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FORECLOSURE FRAUD BY AURORA AND OTHERS: NEW WAVE OF WRONGFUL ACTION TO PERPETRATE FRAUDULENT FORECLOSURES

December 18, 2009

December 18, 2009
As our readers know, servicing companies, trustees of securitized mortgage loan trusts, and “lenders” have been ardent with their intent to foreclose notwithstanding the public stance which certain of them have taken as to being “loan mod friendly” when in reality the loan mod negotiations, more often than not, result in nothing positive for the [...]

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WHY LOAN MODS DON’T WORK II: IN CERTAIN INSTANCES, THEY CANNOT

December 15, 2009

In the past several weeks, a great many of our e-mails are from frustrated borrowers who tell us that they were involved in “loan mod” negotiations with their “lender”or “servicer”, only to have the loan mod not be approved and foreclosure to continue. What these borrowers probably did not know is that the entire “loan mod” exercise [...]

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FDN WELCOMES NEW AFFILIATE COUNSEL IN INDIANA AND SOUTH CAROLINA

December 15, 2009

FDN welcomes Andrew Klopchin, Jr. Esq. as local Indiana counsel and William Sloan, Esq. as local South Carolina counsel. New affiliate counsel are being added in the coming weeks for Oregon, Idaho, and Missouri as the FDN network continues to grow.
Jeff Barnes, Esq.
 
 

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Foreclosure Defense: Pro-Borrower Judicial Decisions on the Rise; more “lenders” fail

December 15, 2009

As you see, the most recent post on this website is from November 12, 2009. That is because for the past 5 weeks, FDN attorney Jeff Barnes, Esq. has been essentially living on airplanes and telephones and the computer traveling around the United States in court hearings to stop foreclosures and associating with more and [...]

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