Archive for February, 2014

By February 24, 2014 0 Comments Read More →

Multnomah County Foreclosure Panel Publishes Consensus On Common Issues

Attorneys and pro se homeowners appearing in judicial foreclosure cases in Multnomah County should take note of the Consensus of Judges on Multnomah County Foreclosure Panel. The Consensus is a non-binding set of “rulings” of the foreclosure panel that represent the consensus view of the judges who serve on the panel. The Consensus is intended […]

Posted in: News and Events
Qualified Written Requests Under the New Mortgage Servicing Rules, Part Two: Information Requests
By February 23, 2014 0 Comments Read More →

Qualified Written Requests Under the New Mortgage Servicing Rules, Part Two: Information Requests

In Part One, we reviewed the essential provisions of the new mortgage servicing rules for resolving errors. In Part Two, we will look at the requirements for requesting information about a loan from the servicer. The new rules became effective January 10, 2014. Even if the borrower is not asserting an error, a borrower is […]

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Qualified Written Requests Under the New Mortgage Servicing Rules, Part One: Error Resolutions
By February 23, 2014 1 Comments Read More →

Qualified Written Requests Under the New Mortgage Servicing Rules, Part One: Error Resolutions

New rules issued by the Consumer Financial Protection Bureau went into effect on January 10, 2014. Those rules include detailed guidelines for submitting and responding to qualified written requests under RESPA. There are two types of qualified written requests: notices of a servicing error and requests for information. The rules vary for each type of […]

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Loss Mitigation Under the New Mortgage Servicing Rules
By February 21, 2014 1 Comments Read More →

Loss Mitigation Under the New Mortgage Servicing Rules

On January 10, 2014, new mortgage servicing rules promulgated by the Consumer Financial Protection Bureau went into effect. Among other things, the new rules include detailed requirements for loss mitigation. If a servicer violates the loss mitigation provisions, a borrower may sue for damages, costs, and attorney fees. Whatever their shortcomings, the rules are the […]

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By February 14, 2014 0 Comments Read More →

New Mortgage Modification Scam Sweeping Florida

Law enforcement is calling a new Florida loan modification scam one of the most sophisticated mortgage scams yet. Borrowers receive an authentic-looking modification offer in the mail. The offer includes detailed information about the borrowers’ loans culled from publicly available foreclosure documents and promises favorable terms, like reduced payments and principal forgiveness. All the borrower […]

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By February 3, 2014 0 Comments Read More →

Did You Know? Oregon Treats Residential and Non-Residential Trust Deeds Differently

Homeowners, and even attorneys, are often confused about the difference between a residential and a non-residential trust deed under Oregon law. The distinction is not intuitive and the Legislature has substantially amended the statute that defines “residential trust deed” twice since the foreclosure crisis began. What is a Residential Trust Deed? Under current law, a […]

Posted in: Did You Know?
New Mortgage and Foreclosure Bills Introduced in the 2014 Oregon Legislature
By February 1, 2014 0 Comments Read More →

New Mortgage and Foreclosure Bills Introduced in the 2014 Oregon Legislature

The Oregon Legislature will convene on February 3 and at least a few mortgage and foreclosure bills will haunt the hallways. Bills to watch include: HB 4033 This bill requires a trust deed beneficiary to provide a copy of the note and a “beneficiary statement” and/or a “payoff statement” within 21 days from receipt of […]

Posted in: Features