Foreclosure professionals are wise to implement procedures that determine whether a homeowner or tenant qualifies for special federal protection of military personnel before initiating a foreclosure process or proceeding, or before initiating an eviction. There are specific rules that delineate these protections, as well as the requirements of military service that qualify. The professionals at Adams & Edens are familiar with these special federal rules and we can assist you with avoiding liability exposure for taking adverse action impacting our men and women in uniform.
Archive for the ‘Foreclosure Disasters’ Category
Foreclosure Professionals Beware: Military Personnel Are Afforded Special Protections
Friday, July 1st, 2011Foreclosure Sale of Incorrect Property
Thursday, August 27th, 2009With the sky-rocketing increase in foreclosures across the United States, mistakes are inevitable. Lenders, servicers and attorney firms must be vigilant to ensure that costly mistakes are held to a minimum. A startling example of such a mistake involves a situation where a Florida woman’s home was incorrectly foreclosed, sold to a third party, the local sheriff’s office removed the woman, her family and all her possessions before she was able to obtain a court order over-tuning the foreclosure sale.
It seems inconceivable, especially in a judicial foreclosure state such as Florida, that a mortgagee and its foreclosure firm could complete a foreclosure and actually cause the homeowner to be physically removed from a property other than the property pledged by the mortgagor and covered by the mortgagee’s mortgage or Deed of Trust, without someone discovering the error.
Adams & Edens and other foreclosure firms have procedures and checks and balances in place to ensure that the property intended as collateral for a loan is the property described in the mortgage or Deed of trust and is the property actually foreclosed upon. Thorough loan document review and pre-foreclosure title review and examination are key to discovering “mix-ups” with property ownership / identities.
