Tag Archives: Foreclosure

Foreclosures

Attempt to Relitigate Foreclosure in Bankruptcy Sanctioned by Judge

In Virginia, borrowers have several options of where to bring a legal challenge to a foreclosure trustee’s sale. The shortest commute is usually the Virginia circuit court for the city or county where the property is located. Alternatively, the facts may allow suit to be brought in a federal district courthouses. Another common venue is […]

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Foreclosures

Litigation over Property After the Foreclosure Law Firm Goes Out of Business

On January 31, 2012, F&M Services, L.C., conducted a foreclosure sale in Hampton, Virginia. F&M was the foreclosure trustee affiliate of the Richmond law firm Friedman & MacFadyen. Freedom Mortgage Corporation appointed F&M as successor trustee for the foreclosure of Hampton property owned by Ms. Gloria J. Harris. At the sale, Freedom Mortgage purchased the […]

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Foreclosures

Wrongful Foreclosure Claims for Robo-Signing

Among the controversies of the mortgage foreclosure crisis is that of “Robo-Signing.” A homeowner may receive notice that the original mortgage lender assigned their rights under the loan documents to another financial institution.  When a representative of a lender signs paperwork to foreclose on a property, how does the borrower (or anyone else) know whether […]

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Community Associations Foreclosures

The Future in Virginia of Foreclosure of Condominium Association Liens

Today’s blog post is the third installment in a series on the emerging trend of foreclosure of condominium association liens on private property owners. In a previous article, I discussed a new appellate court decision, Chase Plaza Condominium v. Wachovia Bank, recognizing the right of an association under the D.C. Code to sell a condo […]

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Community Associations Foreclosures

Can A Condominium Association Foreclosure Extinguish a Mortgage Lien?

On October 16, 2014, I asked in a blog post, “What Rights Do Lenders and Owners Have Against Property Association Foreclosure?” In that installment, I discussed a Nevada foreclosure case that was not between the borrower and the lender. It reflected a litigation trend between the lender, homeowners association and the federal government. Today’s article continues […]

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