Home Preservation Network


Educating, informing, and assisting consumers in order to help them manage their affairs.



I have a file 2″ thick of everytime I called PHH Mortgage Mt. Laurel NJ during a 9 month period.  Finally fed up, frustrated and going through all my savings at the same time, and facing my business doing half the business it used to.  I wrote PHH Mortgage and Fannie Mae a letter letting them know that enough was enough and i C.C’d TV Channels, DIane Feinstein, Howard Berman, Bernark Franke, Joe Bide, and Obama.

Three Hours later i received a call that i now miracusily Qualified for a Home Modification.  Only to find out in 4 months that it was an illegal Home loan Modification because it didn’t include my house taxes.  Phh Paid my house taxes and forced me into a foreclosure.

I’ve lost my business, my home, and am in debt.  Also PHH sent in negative 9 times to Experian , Trans Union, Equifax during the time I was waiting for PHH to evaluate my financials before the modification.  Let’s not forget the misleading rumor that spread like wild fire , that in order to qualify for a home loan modifcation you had to be 3 months in default.  I’ve sent my letters with copies of my modification before giving up my home to FDIC, Securities & Exchange Commission, Diane Feinstein, Barbara Boxer, and a multitude of other government departments.  I received letters from most that “THEY have no Juristican over Mortgage Servicers.

But what about Fannie Mae who owns my home, and was bailed out by our GOVERNMENT shouldn’t they be employing a company that is “PRO-Public”.  In September of 2008 my fico score was 801 I had no debt. my business was booming. 10 days after closing escrow the stock market TANKED, it shook up the people and my business starting to drop.

Shamethebanks.org, and all the negative blog sites dedicated to people writing in their horror stories is great,  but we now have to take it to the next level.  We need to have an email revolution, by reaching out to everyone on these blogs, orgs, and send it into every government/ TV media/ Newspapers and magazines.  Until we bring the banking industry to court and limit their lobbyists, limit how much power they have.  Because they’re controlling our economy and erasing middle class.  They’ve pulled off the biggest Ponzi scheme, making Bernie Maddof look like a cartoon character.

Rocky & Brenda C. Cave Creek Arizona

Posted on May 16, 2016

Where do we begin? Last month marked two years of attempting to work out some type of loan modification with Capital One, NA. We are one of thousands of homeowners who are now dealing with them by default since they acquired our loan from Chevy Chase Bank for pennies on the dollar when Chevy Chase Bank went under. We bought our home (a very dated fixer-upper) in Cave Creek Arizona six years ago with a cash down payment of just over $100,000. It was every penny we had because this was to be the last home we ever bought; we’ve had no intentions of ever moving again. Purchase price was $499,000 and financing the other $399,000 was more than affordable with our income at the time. In fact, our income at the time was on the modest side. The market here didn’t peak til two years later, with values of similar properties going upwards of 700k. We thought it was ridiculous then and were so relieved we bought ‘at a good time.’ While we did ultimately borrow against an amount less than our cash down payment (so we have a HELOC), we never even considered taking advantage of what we thought were inflated values the first two years. All we cared about was fixing our place up.

The garage was/is unfinished, the kitchen is ripped out (has been for five years) – the cabinets were moldy. We ripped out the nasty carpeting that made the entire place reek. The roof still needs to be replaced (it leaks); the entire lot needs more fill as it floods when it rains. We had to replace the 20 year old inefficient AC unit, as anyone who has ever lived in or visited Phoenix in the Summer knows it’s like trying to breathe in a 400 degree oven. The water heater imploded and flooded our living room (which used to be the garage), it was not to code when we bought (and no, we did not know this). We’ve spent a small fortune on plumbing and electrical work, but most of our fixing and updating thus far has been our own sweat equity. Cleaning til our fingers bled. Still needs a lot of work but it’s clean, doesn’t smell, and is very comfortable for us, even with our college dorm style kitchen. We are and have always been very simple people.

We are in our early 40’s, college-educated, hard working professionals and seasoned homeowners who have always maintained a lifetime of flawless credit. Outside of our first mortgage payment to Capital One, we continue to maintain flawless credit. We have always been current on our HELOC, we have only two credit cards that are almost paid off, we own our vehicles outright (of course one has 200k miles and the other has almost 400k miles and they are not the most gas efficient, but they are safe and well maintained). Both American made – GMC and Ford! We don’t spend money on traveling, clothes or going out to eat (except the occasional Papa Murphy’s take out – and that is only when we have a coupon), our cell phones we’ve had for over four years now (much to the dismay of our teenager who just started high school). Like most kids today, they are learning Economics 101 through baptism by fire. We know the ‘flawless credit outside of first mortgage payment’ is pervading America and it tells a very different story about one’s sense of responsibility and credit worthiness. That really should have its own new credit rating! Keeping food, water, and electricity going above all else is called survival.

Even though our income didn’t allow it, we stayed current with Capital One through most of 2009 by depleting our reserves and even borrowing against some of that cash down payment (this is with a different bank by the way – USAA, one of the few in this country that is not corrupt). When there was no more, we stopped making payments to Capital One, and have refused to use credit cards (yes we still have credit lines) to reinstate the loan or for anything else. Looking back at those conversations, I guess it’s no surprise a bank known for credit cards was pushing us to use them.

When we stopped making payments they started being more responsive. Mind you, we went from February 2009 to October 2009 pleading for help but staying current, and telling them over and over again our income was greatly reduced. Starting in January 2010 we were on one of those ‘extend and pretend’ HAMP trials and made payments until we were declined in April 2010. It has been a battle ever since, most of our attempts to work something out being ignored or like everyone says, just going nowhere.

Our ‘file’ is now about five inches thick. We have very dutifully documented the last two years of phone calls, emails, faxes and FedEx packages of paperwork submitted and resubmitted numerous times with six months of bank statements and tax returns each time. Will it ever end? It’s been another full time job just to manage this process, and like everyone else, we are tired of it.

We knew to be suspicious late last year when Capital One had a sudden seeming willingness to work something out. The result of that was an individual modification with a new forty-year term and a payment amount equal to nearly 37% of our monthly gross income of the last two years. Not only were they asking us to pay out over $818,000 over the life of this new loan, they attached two outrageous conditions over this new 40 year term. One, getting permission from them to ever sell in the future (why this unless they’re up to something?) and two, if we signed we were knowingly acknowledging Capital One’s right to still foreclose on us at anytime in the future.

Our current property value today in March 2011 is about $240,000 and it still needs about 100k in work. Between the down-payment and payments we’ve actually paid out over $230,000 in six years. Even if we agreed to the new payment (hoping/praying our income is going up a little and stabilizing) and a new forty year term, there’s no way we would have signed on with their two preposterous enslavement conditions. Definitely not the second one, although if they had done something like a principal reduction, perhaps the first one (getting permission from them to sell), may be arguably justified. But it still begs the question of why unless they are up to something.

Well, now we know that everything we described in the immediate two aforementioned paragraphs they were up to something because it amounts to a feigned good faith effort. How do we know this? Because we have been talking to one of their loss mitigation department employees. In our case, everything until that point was clearly demonstrating lack of good faith effort. They had to create documentation and a paper trial to show otherwise, but it was all by design to lead us on the path to short sale, and if we were foolish enough to sign on their offer, it was designed for us to fail so they will ultimately get our house anyway – whether thru a short sale or foreclosure.

Capital One acquired our Chevy Chase Bank home loan (and thousands of other home loans from this and other banks who went under) by default, for pennies on the dollar. They want to flip these homes for cash – today. They do not want to help the homeowner, and they only prefer short sale over foreclosure because it costs them less. All by design to delay, decline, and then ‘rescue’ the homeowner with a short sale option, since after all, it will be better on your credit. They even incent their employees to get the homeowner to agree to a short sale – holding contests for big screen TV’s and Best Buy gift cards.

If they truly wanted to help us (or any other homeowner), they would follow their own payment guidelines and look at all available options for the homeowner. And they certainly wouldn’t be attaching preposterous enslavement conditions to a new 40 year loan term.

Thanks to individuals who care about justice and exposing Truth above all else, now we have proof that Capital One actually trains their loss mitigation department employees to feign a good faith effort to work out modifications for homeowners. Not only that, we have learned and are continuing to learn from our own case and others around the country, they are guilty of misrepresentation, forging documents, notary fraud, foreclosing without proper chain of title, erasing homeowner contact records so as to pretend efforts to work with homeowner have gone unanswered, etc. They even hired someone with a criminal background to work in their loss mitigation department. If your ‘file’ has been in their loss mitigation department during the last couple of years, this person has had access to your (and your spouses) name, address, date of birth, social security number, tax records, etc. How does this happen at a bank? It’s outrageous, like who needs to worry about identify theft on top of everything else?!

As we seek legal counsel (we’re pleading for Terry Goddard’s help – he only stepped down from his AG post to run for Governor), we’re pursing a forensic loan audit and uniting forces with other homeowners battling Capital One. We have filed complaints with the OCC (we urge everyone to do the same if they have not already done so) and the Arizona Attorney General’s Office. We have other letters drafted and prepared to send to Capital One and intend to cc other interested parties.

We will post updates as we have them and welcome contact and a full vetting from any other homeowner or their attorney who is fighting Capital One.

Thank you for creating this web site so that we may share our story. We wish for everyone to keep fighting the good fight! Have faith, trust and patience, because in the end, we will all persevere one way or another. The great thing about Truth is it always has a way of becoming known.

Joy Carter Minor, Moss Point, MS

Posted on May 16, 2016

My daughter’s college tuition and a reduction in work hours caused me to become 30 – 60 days past due on my mortgage payments to Nationstar Mortgage (Texas) in 2010. I allowed relatives to move into my home, while I accepted employment out of state. The relatives moved out in October 2010. I had the house professionally cleaned. One bedroom was left furnished and I return to my home every other weekend.

Early January 2011, I received a call that my home was being entered by people without my permission. The sheriffs office investigated and was told the home was being foreclosed. I immediately called Nationstar Mortgage. I was told I was 47 days past due and I had abandoned the property. Of course I was outraged, but scheduled a payment for the next week. My relatives inspected the property in my absence to confirm that the lock boxes had been removed. The following week, Nationstar Mortgage contracted a company to winterize the home. They removed the remaining furniture, disconnected the well plumping supply to the house, and shut power to all major appliances.

I am devastated the home was left unlivable and the mortgage payment is current. Nationstar never foreclosed on the home and did not have a court order to enter the property. The motor to the well pump was burned up due to incorrect disconnection and there is no water to the home. I have no idea what I can do to this illegal invasion of my home.

Todd Wetzelberger, Baltimore Maryland

Posted on May 16, 2016

This is a good story, and I hope entertaining and educational at the same time.

I investigage foreclosure and mortgage servicing fraud and as a result have been targeted by the “just us” system, crooked courts, judges, attorney, etc, etc. Anyone who has tangled in court knows the same old story.

The difference is that I’m lucky enough to have taken to exposing this fraud like a duck in water.  Because of the skill I have, I’ve been targeted in an attempt to silence me, intimidate and threaten me and my family and try to reduce me to living under a bridge where I won’t be a threat to exposing the crimes of all the usual suspects (servicer posing as “creditor”, crooked attorney with no first hand knowledge, crooked judge covering for his crooked attorney because the attorney probably has a picture of the judge in a closet with a donkey wearing a blue dress,,,).

One crooked attorney already had his crooked judge buddy swear out a void, fraudulent body attachment for “contempt” on the EXACT same day that the judge and sheriff received the Notice of Felony Crime I sent to the court exposing the crimes the attorney committed.

When that tactic didn’t work and I counterclaimed the crooked attorney Marc Donaty, Esq and his co-conspirators (in common law) the crook amazingly went silent. He didn’t say a word. He just had the judge fix the counterclaim after the clerk signed the no answer default judgment in my favor. See my handiwork here.

http://www.scribd.com/doc/47202659/Counterclaim-Fraud-Abuse-of-Process-Final

I’m just getting warmed up with Marc Donaty, the Baltimore County Sheriff’s Department and the judges who violated a ridiculous number of both state and federal laws including kidnapping, false arrest, extortion, mail fraud, RICO, etc.

As usually the state prosecutor Jim Cabezas failed to investigate claiming “not enough resources”, the MD Bar Grievance Commission investigator Fletcher Thompson, swept the crimes of Donaty et al under the carpet, and the Baltimore County Sheriff’s Department treated me like I was the criminal.

I remember Lt Kelly getting hostile with me on the phone, stating “there’s no crime” when I asked him what he was going to do about the crimes I reported. I said “come again, would you repeat what you just said for the record?” Kelly backpedaled and said “the sheriff’s department doesn’t investigate crimes, you need to report it to the County Police dept. That’s all  you need to know… Click” phone went dead.

The funny thing is the sheriff and all his little minions have sworn an oath to protect you and me from crimes and have a duty when a crime is reported under Title 18 Sec 4 Misprison of Felony, to either investigate or report the crime to the proper authorities.

The Baltimore Counth Sheriff J. Ray Fisher did neither other than falsely arrest me and my wife in front of my 3yr old daughter. The sheriff’s deputies said when they were at my house, “if you can’t find someone to watch your children, we will call social services to take them…”  Any parent right now is probably hanging from the ceiling by their fingernails.

I can’t tell you the restraint I practiced that day, when I calmly told the sheriff’s deputies, “you are an unwitting accomplice to kidnapping, false arrest, violation of my civil rights, etc” I got the “I’m just doin my job” from Deputy Dawg and his sidekick.

They of course lied and said “just bring your paperwork, we’re sure this is a mistake and you will be out of there in a hour..” That was a lie. My wife and I were paraded in front of an indifferent judge in handcuffs and leg irons. My wife is about 5’3″, works with multi-handicapped kids at the MD School For the Blind, and thought she was in a really bad dream.  See the complaint to the State Prosecutor here that was ignored.

http://www.scribd.com/doc/51590079/Complaint-Against-Marc-R-Donaty-Esq-to-State-Prosecutor

You’re probably wondering “How does this apply to foreclosure fraud, and more importantly how does it apply to me ?”

The answer is, it has everything to do with you and foreclosure fraud, especially if you decide to put your helmet on and fight back. You must understand the courts are totally corrupted and former US Supreme Court Justice Sandra Day O’Connor is traveling the country to try to change the current system of elected state court judges to a merit based appointment system because she knows the entire system is broken beyond repair. Watch this short “What I Learned as a Legal Intern to get up to speed.

http://www.xtranormal.com/watch/11316911/So%20what%20have%20you%20learned%20as%20a%20legal%20intern%253F%EF%BB%BF%EF%BB%BF

My background as a real estate investor/ developer has afforded me a perspective the average homeowner doesn’t have. Our $3mil historic redevelopment business was literally wiped out overnight when hurricane Katrina hit New Orleans in late 2005.

It took over 2 1/2 years (and several attorneys, engineers and public adjusters) to get all the insurance claims paid on all the damaged properties because the crooked insurance companies refused to pay claims on properties that say underwater for over 3 weeks after the levees broke in New Orleans.

We burned through over $250,000 in cash servicing the debt (paying mortgages) on vacant damaged properties because the banks didn’t care that we didn’t get the insurance money to renovate the properties to sell or rent.

When the cash ran out we did our own loan mods on residential and commercial properties. Others came to me for help and I negotiated for them until I figured out a few years ago what a crooked racket the “loan mod” scam was on the part of the banks.

I won’t go into that because everyone reading should know banks make more money foreclosing on “loans” they never made than they do modifying.  Then they can get the next sucker to “sign” a new note for the “sweet deal” they bought and sell that note for anywhere from 5 to 30 times the face amount, launder their ill gotten profits on the back of the last “deadbeat” homeowner who “couldn’t pay his bills” and repeat the cycle indefinitely.

Even as a real estate investor/ developer with an MBA I was as clueless as everyone else. When I found out the racket the banks were running, I put my helmet on and spent at least 5,000 hours over the past few years figuring out how the scam works.

I’m now an “expert” as some would say. I think I’m just lucky to have been led through a series of steps to this point for a reason. When I started litigating myself (due to the lack of any competent attorneys who wouldn’t throw me under the bus at the first sign of trouble) I quickly learned the extreme bias against anyone who doesn’t pay the extortion payment to an attorney to “represent” you in court.

I hope all of you know that an attorney’s first duty as an officer of the court is to the court NOT their client. That keeps the attorneys in check and the “uppity” ones lie April Charney and the handful of attorneys that have the guts to push back are usually admonished, threatened or fined to “keep them in their place”.

Personally, I’ll take the bias against “pro se” litigants any day over the chains of being a “ward of the court” and “represented”  That’s not to say I don’t have counsel, mentors, and some of the best brains in the country (attorneys and non-attorneys) on my team. One of whom who has “been to the show” (US Supreme Court).

As I said, I’m lucky in that my mind thrives on this game (a high stakes game, but a game nonetheless) and I’ve learned to beat these criminals at their own game.

Being a former deep sea diver in the Gulf of Mexico, I’ve had my share of times when I thought I was “all done” at least a half dozen times.  The benefit of those experiences is that I don’t scare easily, and in my world every day above ground is a good day.

I think the sheriff showing up was a good test and I believe that is why they are working so fast to cover up the cases I’m personally involved in to bury the fraud as quickly as possible because I wasn’t scared into backing off.

I exposed the fraud of both M&T Bank on our home in MD and Countrywide/ BofA on our home in New Orleans long before they filed any foreclosure suits. Since I help others expose the fraud, my cases come last (like the mechanic and his car).

As luck would have it, I got Thomas P. Dore on the stand in the MD case to admit he had NO first hand knowledge of ANY facts in the case. See the testimony here.

http://www.scribd.com/doc/51344314/Sworn-Testimony-of-Thomas-P-Dore-Admitting-No-First-Hand-Knowledge

Use this testimony via Judicial Notice in all your cases and get this to your attorney (if you are using one) to show a pattern of fraud. We all know that in 99.99% of foreclosure cases, NO attorney has any first hand knowledge of ANY facts, therefore they can’t give testimony and affidavits are inadmissible under the hearsay rules.

This is basic litigation 101. You combine that with the fact the the plaintiff is NOT the real party in interest, the court never had subject matter jurisdiction and virtually EVERY fraudulent foreclosure case should be dismissed as an operation of law.

For those guv-ment agents monitoring my communications (I know you’re out there) legal education is NOT legal advice.

For all of you helping yourself and helping others see what the FTC/ DOJ and WI Supreme Court have to say about non- laywers helping others.  Someone with half a brain knows the public interest is truly served by allowing non-attorneys to offer education and NOT advice.

http://www.scribd.com/doc/51591977/Federal-Trade-Commission-and-DOJ-Position-on-Unlicensed-Practice-of-Law

http://www.scribd.com/doc/51592561/WI-Supreme-Court-Definition-of-Unlicensed-Practice-of-Law-2011

David Stern was taken down by all of you standing up and collectively letting public “servants” know that they still serve the public.

I’m methodically going about taking apart Thomas P. Dore et al peice by piece since he is the equivalent of David Stern in MD. I have a duty to make sure I put a stop to the fraud he has perpetrated on myself and thousands of other homeowners who are not equipped to protect themselves against these criminals.

I’ll post a lot more on Scribd (they have great search engine optimization) and will expose the fraud for the public to see and in turn use in their court cases as well, if nothing else to put the crooked judges and foreclosure attorneys on notice that you are not going to let these crooks get away with their crimes.

hang tough, it’s worth the fight. You will get an incredible education and hopefully help others learn to protect themselves as well.  Share these links/ tools with as many others as you can.

After living in this Salem condo for 13 yrs, never running more than 2 mos late with monthly dues, and paying almost $10,000 for a special assessment, the trustees of the Hamlet charged ahead with a frivolous lawsuit against me, claiming I owed them $140 in late fees, PLUS an extra $5000 it cost them to engage their lawyer in this ridiculous action.

Despite my numerous letters, emails to all of the board members, the property manager (Crowninshield), the owner of the property management firm, they ignored everything in their aggressive pursuit of injustice.  Every state legislator I contacted, the AG office, the BBB, our state reps, the mayor of Salem, realtors I contacted,  all agreed this was ridiculous action on the part of an out of control board of trustees, nobody had heard of such a thing, and since there are NO STATE LAWS TO PROTECT CONDO OWNERS IN MASSACHUSETTS,  basically HOAs have unlimited power to do whatever they want whether illegal, immoral, unethical AND NOT BE HELD ACCOUNTABLE FOR THEIR ACTIONS!

They all advised me to get a lawyer, go before a judge so that justice would be served.  Unfortunately, the judge hearing my case wasn’t paying attention to my lawyer’s legal citations, was visibly enamoured by the HOA’s lawyer,  and  ruled 100% in favor of the HOA, which included claiming I owed 3 months of  condo fees (I OWED ZERO CONDO FEES, WAS TOTALLY CURRENT), along with the $140 late fee, plus another $5000 plus for the HOA’s attorney to pursue this frivolous lawsuit. He granted them permission to place a lein on my condo and pursue foreclosure action to “collect their debt”.

After owning 4 previous homes, this was my first, and will be my last, condo. With all the foreclosure and financial ruin insanity being caused by the banks, condo owners must be made aware that unethical, out of control, power hungry HOAs have the same power to destroy lives, their towns, their states, ultimately the country, and get away with it.

Ron J. Tempe AZ

Posted on May 16, 2016

I bought this house in Tempe AZ on Aug 1, 1995 for $105,000 at a fixed rate of 9%. Payoff time was 22 years. When I purchased the home there was a second mortgage on the property and that payment was around$200.00 on top of the first which was $825.00.

I paid off the second which left me the $825.00 fixed rate payment. Around 1999 I had met this friend of a friend who was working at a car dealership in Phoenix AZ as a loan specialist who got a few of my family and friends approved for auto loans. He then went to work for a mortgage company in Phoenix as well. He kinda became a good friend and when he asked me run a credit card thru my business for a cash advance I went ahead and did it. this was after he got my mortgage refinanced at the company he was working for.

When he first asked me about my interest rate and I told him I had a fixed at 9%. He told me he could do better and lower my payment plus get me some extra cash out of this whole deal. I told him that I wanted a fixed rate as well and the same pay off period of the original loan which would have been 2017.

Well after I signed I found out that the rate was still at 9% and my mortgage had turned into a adjustable rate. I felt deceived by this whole matter but didn’t really felt that since I already signed that I couldn’t do anything about it. Well in the meantime about me running a credit card for him. It turned out that the card was his father in law who disputed it and I ended taken the loss of $2000,00 because of it. I did sue him in small claims court here in Tempe AZ and won the judgement but was never able to collect a dime from him because I was never able to find him.

Anyway I continued to pay thru this new company which turned into another company and for a while I was sending payments to different companies. My payment had jumped to$1100.00 for a while but I still paid it and was never late from 1995 to around 2009. In 2009 I started to have difficulty in paying my mortgage as being a self employed artist and with the economy getting worse and worse I fell behind.

I went into foreclosure in 2010 but was able to get a loan from a friend and got reinstated in August 2010which included paying some substantial attorney and late fees.. At that time after reinstatement a employee at GMAC which took over my mortgage told me that I did not have to make my first payment until Dec 2011 but later I found out it was Dec 2010. In the meantime I had rented the house out and after 5 months had to sue the renters to get them evicted because of non payment of rent. I found that I was actually about 11 months behind and was scheduled for foreclosure on Oct, 27 2011.

The day of foreclosure I filed for Ch 7bankruptcy which was finally discharged on March 4 2012.

I tried numerous times before Oct 2011 to get GMAC to work out a deal but they wanted the whole amount to stop the foreclosure which was about $13,000 and that is why I filed for bankruptcy. Well they have re-instigated the fore closure which now is set for June 22, 2012. I requested a show me the note letter and they sent me a copy of the 1999 sale which the so called friend did. In the meantime I found out that guy was indicted for grand theft for something he did at the mortgage company he worked for. He and another guy were sent to prison. The reason I brought him up was I have feeling that something might not be right with the current loan that GMAC now is servicing.

And that is where I am at. I have contacted GMAC and they want me to send info for a loan modification but I don’t think they would approve me anyway. I do have equity in this house about $70,000 but that is also in question as the payoff amount does not match what I think it should be. I think I presented everything. So if there is anything that can be done please let me know.

Hawaii Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Typically 60 days

–  Right of Redemption: None

–  Deficiency Judgments Allowed: Yes

In Hawaii, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

    1. The notice of intent to foreclose must be published once a week for three (3) successive weeks, the last publication to be not less than fourteen (14) days before the day of sale, in a newspaper having a general circulation in the county in which the mortgaged property is located.Copies of the notice must be mailed or delivered to the mortgagor, the borrower, any prior or junior creditors, the state director of taxation and any other person entitled to receive notice. Additionally, the notice must be posted on the premises not less than twenty-one (21) days before the day of sale.Said notice must state: 1) The date, time, and place of the public sale; 2) The dates and times of the two (2) open houses of the mortgaged property, or if there will not to be any open houses, the public notice shall so state; 3) The unpaid balance of the moneys owed to the mortgagee under the mortgage agreement; 4) A description of the mortgaged property, including the address or description of the location of the mortgaged property, and the tax map key number of the mortgaged property; 5) The name of the mortgagor and the borrower; 6) the name of the lender; 7) The name of any prior or junior creditors having a recorded lien on the mortgaged property before the recordation of the notice of default; 8) The name, the address in the State, and the telephone number in the State of the person in the State conducting the public sale; and 9) The terms and conditions of the public sale.Additional wording, as required by the State of Hawaii, may be found here.
  • Up until three (3) days before the sale, the borrower may cure the default and stop the sale by paying the lien debt, costs and reasonable attorney’s fees, unless otherwise agreed to between the lender and the borrower.
  • The sale, which may be held no earlier than fourteen (14) days after the last ad is published, is to be made at auction to the highest bidder.
  • Any sale, in which notice has been given, may be postponed from time to time by public announcement made by the lender or their representative.

There are no rights of redemption in Hawaii.

More information on Hawaii foreclosure laws

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 195 Days 90 Days None Trustee
Both kinds of Foreclosures are used equally

Pre-foreclosure Period

Hawaii allows out-of-court foreclosure. It must be in accordance with a sale clause contained in the mortgage, which may require the lender to notify the borrower of any default on the loan before starting the foreclosure process.

A court foreclosure begins when the lender files the appropriate documents with the court asking the court to rule that the borrower is in default. The lender also delivers notice of the court filing to the borrower, or publishes the notice if they have trouble contacting the borrower. If the borrower does not respond to the court filings within 20 days, they are found in default and the lender can proceed with scheduling the foreclosure sale. The borrower may file a notice of appeal within 30 days after the court has declared them in default.

Up to three days prior to the sale, the borrower may cure the default and halt the sale by paying the debt and associated costs.

Notice Of Sale / Auction

For out-of-court foreclosures, the notice of foreclosure sale includes a description of the property, the terms of the sale, names of the parties involved, and the time and location of the sale. At least 21 days prior to the sale, the copy of the notice is posted on the property and mailed or delivered to the borrower. The lender publishes the notice of sale in a local newspaper once per week for three consecutive weeks, with the last publication at least 14 days before the day of sale. The sale is an auction where the highest bidder buys the property. The auction can be rescheduled, but the notices of sale must be resent and republished.

For court foreclosures, a commissioner is appointed to sell the property at public auction. The commissioner publishes the notice of sale in a local paper. The notice includes the auction date and open house dates, if any. Any party may bid at the auction and the winning bidder will be required to pay 10 percent of the bid in the form of cash or a cashier’s check. The highest bidder does not automatically get the property, as additional bidding may continue at a confirmation hearing. If the court finds the price fair, the sale is confirmed.

Hawaii offers no redemption rights for the borrower after the sale is confirmed.

STATE OF HAWAII GOVERNMENT RESOURCES:

Hawaii Department of Attorney General

David M. Louie

Hawaii Department of Budget & Finance

Hawaii Department of Business, Economic Development & Tourism

Director, Richard C. Lim

Hawaii Department of Commerce & Consumer Affairs

Hawaii Department of Financial Institutions

Hawaii Department of Human Resource Development

Hawaii Department of Human Services

Director, Patricia McManaman

Hawaii Department of Insurance

Insurance Commissioner, Gordon I. Ito

Hawaii Department of Labor & Industrial Relations

Director, Dwight Takamine

Hawaii Department of Public Safety

Interim Director, Ted Sakai

Hawaii Office of the Auditor

Marion M. Higa, State Auditor

Hawaii Office of the Governor

Neil Abercrombie

Hawaii Office of the Lt. Governor

Brian Schatz

Hawaii State House of Representatives

Speaker, Calvin Say

Legislative Bill Search

Representative Contact List

Hawaii State Judiciary

Hawaii State Legislature – Senate

President, Shan Tsutsui

Senator Contact List

Office of Hawaiian Affairs

Public Phone Directory – New York State Government Listings

STATE OF HAWAII FORECLOSURE RESOURCES:

Consumer Credit Counseling Services of Hawaii

Department of Attorney General – Bank Mortgage Settlement

Department of Attorney General – Foreclosure Assistance Program

Department of Commerce & Consumer Affairs Mortgage Foreclosure Dispute Resolution Program

Foreclosure Prevention Workshops for Consumers in HI  – Freddie Mac

Hawaii Association of Realtors

Hawaii Congresswoman Hirono’s Foreclosure Prevention, Modification Scams & Housing Resources

Hawaii Foreclosure Law

Hawaii Public Housing Authority

Hawaii Public Housing Authority Phone Listing

Hawaii State Law Library Foreclosure Reference Guide

HUD – Avoiding Foreclosure in Hawaii

HUD Housing Counseling Agencies located in Hawaii

HUD Tenants Rights, Laws & Protections – Hawaii

Lawyer’s Committee for Civil Rights – Fair Housing & Lending – Hawaii Foreclosure Prevention Resources

Legal Aid Society of Hawaii

Neighborworks Hawaii Homeownership Center – Foreclosure Prevention

REPORT FRAUD OR SCAMS IN HAWAII:

Attorney General – Consumer Complaints

Department of Commerce & Consumer Affairs – Consumer Complaints

Consumer Dial Information Messages – Answers to Common Consumer & Business Questions

Prevent Loan Scams – Hawaii

U.S. Consumer Action Website

STATE OF HAWAII ADDITIONAL RESOURCES:

Register to Vote

Vote! – Polling Place Finder

STATE OF HAWAII SHORT SALE RESOURCES:

ShortSaleCenter.net

STATE OF HAWAII COURTS & LAW LIBRARY:

Addresses & Phone Numbers for All Courts

Administrative Adjudication

Administrative Offices of the Courts

Circuit Courts

District Courts

Family Courts

Hawaii Land and Tax Appeal Courts

Hawaii State Intermediate Court of Appeals

Hawaii Supreme Court

University of Hawaii William S. Richardson School of Law Library

FEDERAL GOVERNMENT RESOURCES:

Fannie Mae Loan Look-Up Tool – Find out if your loan is owned by Fannie Mae here.

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeowner Crisis Resource Center – Includes tips on avoiding foreclosure.

Homeownership Preservation Foundation – Find Credit Counseling here and HERE.

Information on the OCC’s Independent Foreclosure Review

MyMoney.gov – This site organizes financial education help from over 20 different Federal web sites in one place, including dealing with mortgages.

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Office of the Comptroller of the Currency – For Complaints Against National Banks

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at Military.com or at HUD’s National Servicing Center, and here is Information for Veterans from HUD.

U.S. Congressional Representative Look-up Tool

 

Georgia Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Typically 90 days

–  Right of Redemption: Yes

–  Deficiency Judgments Allowed: Yes

In Georgia, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, the property will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of

sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee.

Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

A foreclosure notice must be mailed by certified mail, return receipt requested to the borrower no later than 15 days prior to the date of the foreclosure sale. The time period begins the day the letter is postmarked. The notice must be mailed to the address given to the lender by written notice from the borrower. No waiver or release of the rights to notice is valid if it was signed at the same time as the original documents.

The notice must be published in a newspaper of general circulation in the county where the sale will be held once a week for four (4) weeks proceeding the date of the foreclosure sale.

The sale must be made by public auction on the first Tuesday of the month between 10:00 am and 4:00 p.m. at the courthouse.

Lenders may seek a deficiency judgment in Georgia.

More information on Georgia foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 37 Days 32 Days None Trustee
Judicial Foreclosures are not common

Pre-foreclosure Period

A court foreclosure occurs when there are title problems or the mortgage or trust deed lacks a clause permitting an out-of-court proceeding.  The process begins when a lender files a petition describing the situation, the property, and the default amount. The borrower then receives a 30-day written notice in which the default must be paid to the court. If the default is not resolved, a foreclosure sale is scheduled.

The out-of-court process is more common, as most mortgages and trust deeds contain a clause giving a lender the power to sell the property outside of the court system. The lender starts the foreclosure process by scheduling a foreclosure sale. Georgia does not require lenders to warn the borrower before starting the foreclosure process, although the mortgage or deed of trust might demand this.

If the mortgage or deed of trust allows, the borrower can stop the foreclosure by paying off the default amount plus applicable costs, but Georgia state law does not automatically give this reinstatement right to the borrower. The borrower can always stop the foreclosure by paying the total loan balance.

Notice of Sale / Auction

A notice of sale is published once a week for the four weeks before the sale. The notice is also sent to the borrower a minimum of 30 days before the sale date. The notice must include the date, time, and location of the sale; a description of the property; mortgage information; and the lender and borrower names.

The foreclosure sale is at the county courthouse on the first Tuesday of the month between 10:00 a.m. and 4:00 p.m.  The winning bidder, if other than the lender, is required to pay the full bid amount to the person conducting the sale immediately following the sale. If a foreclosure sale is cancelled, the foreclosure process starts over again.

After court-ordered foreclosure sales, a confirmation hearing is scheduled and the borrower is notified within five days of the hearing.  If the sale price of the property is at least market value of the property, the court confirms the sale. If not, the court may order a new sale.

There is no right of redemption for the borrower following a foreclosure sale in Georgia.

Florida Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: No

–  Primary Security Instruments: Mortgage

–  Timeline: Typically 180 days

–  Right of Redemption: Yes

–  Deficiency Judgments Allowed: Yes

In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.

The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.

Equitable Right of Redemption ends at the foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that “the court reviews the sale to ensure a fair price has been paid.”  Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example.  This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed.  If the sale is not confirmed, another sale is ordered.  (Reference F.S. Chapter 702)

The lender may sue to obtain a deficiency judgment in Florida.

More information on Florida foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes No 135 Days NA None Court
Judicial Foreclosures only

Pre-foreclosure Period

A foreclosure in Florida begins when a lender files court action and records a notice of a pending lawsuit (Lis Pendens)against the borrower. The lender notifies the borrower and any other affected parties in person or in some cases by mail or publication. If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender and the foreclosure sale date.

The lender is not required by state law to notify the borrower before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.

Notice of Sale / Auction

The sale date is typically 20-35 days after the court ruling, but this may vary depending on the individual court. The clerk of court issues a notice of sale containing the location, date, and time of the sale.  The notice is published once a week for two weeks, with the second notice appearing at least five days before the sale.

The clerk usually oversees the sale, which ordinarily occurs at the county courthouse at 11:00 a.m. on the sale date. The winning bidder must provide a 5-percent deposit and pay the remaining balance by the end of the day or a new sale is scheduled a minimum of 20 days later. After a successful sale, the clerk gives a certificate of sale to the winning bidder

Within 10 days of the sale, the clerk transfers ownership to the winning bidder if no one disputes the sale.  In most instances, a borrower has no right of redemption after the certificate of sale is issued.

STATE OF FLORIDA GOVERNMENT RESOURCES:

Florida Department of Business and Professional Regulation

Florida Department of Insurance

Florida Department of Law Enforcement

Florida Department of Revenue

Florida Governor

Florida House of Representatives
Speaker: The Honorable Dean Cannon
To write your representative go to: www.writerep.house.gov/writerep/welcome.shtml

Florida Legislature

Florida Office of Financial Regulation

Florida Secretary of State

The Florida Senate
President: Mike Haridopolos

Office of the Florida State Attorney General
Attorney General: Pam Bondi

Florida State Comptroller

Florida Supreme Court

STATE OF FLORIDA FORECLOSURE RESOURCES:

4ClosureFraud

Current Florida-Specific Foreclosure Laws

Jacksonville Area Legal Aid

STATE OF FLORIDA ADDITIONAL RESOURCES:

Florida Division of Elections

Voter Assistance Hotline (in English and Español) Toll Free 1-866-308-6739 TTY 1-800-955-8771

Vote – Find Your Polling Place

STATE OF FLORIDA COURTS:

Florida Circuit Courts

Florida County Courts

Florida First District Court of Appeal

Florida Second District Court of Appeal

Florida Third District Court of Appeal

Florida Fourth District Court of Appeal

Florida Firth Distrcit Court of Appeal

Florida Supreme Court

Office of the Courts Administration

FEDERAL GOVERNMENT RESOURCES:

Fannie Mae Loan Look-Up Tool – Find out if your loan is owned by Fannie Mae here.

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeowner Crisis Resource Center – Includes tips on avoiding foreclosure.

Homeownership Preservation Foundation – Find Credit Counseling here and HERE.

Information on the OCC’s Independent Foreclosure Review

MyMoney.gov – This site organizes financial education help from over 20 different Federal web sites in one place, including dealing with mortgages.

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Office of the Comptroller of the Currency – For Complaints Against National Banks

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at Military.com or at HUD’s National Servicing Center,                                                                             and here is Information for Veterans from HUD.

U.S. Congressional Representative Look-up Tool

U.S. Department of Housing & Urban Development – Avoiding Foreclosures

Delaware Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: No

–  Primary Security Instruments: Mortgage

–  Timeline: Typically 90 days

–  Right of Redemption: No

–  Deficiency Judgments Allowed: No

In Delaware, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.

Judicial Foreclosure

Lenders in Delaware are given a number of options in which they may pursue judicial foreclosure, but the most commonly used procedure is the Scire Facias.

This proceeding is quite different from other judicial foreclosures because instead of the lender having to prove the borrower is in default of the mortgage, the borrower has to prove he isn’t. Although the suit to obtain an order for foreclosure is filed by the lender, the borrower must appear in court within twenty (20) days of being served a writ to provide evidence as to why the foreclosure should not take place. Unless the court is satisfied with the borrowers explanation and evidence, they will authorize a foreclosure sale.

Said sale must be conducted by the sheriff and held either at the courthouse or at the property itself at least fourteen (14) days after the notice of sale is posted on the property and in other public places throughout the county in which it is located.

The buyer has no right of redemption once the court has confirmed the sale.

More information on Delaware foreclosure laws.

 

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes No 170-210 Days 60-90 Days None Sheriff
Judicial Foreclosures only

 


Pre-foreclosure Period

After a borrower defaults on a mortgage or deed of trust, the Delaware foreclosure process begins with the filing of a complaint in court. The borrower is given instructions to appear in court within 20 days and provide evidence as to why the foreclosure should not occur. If the borrower cannot be located, this pre-foreclosure period of giving notice to the borrower could last up to three months. If the borrower does not appear in court within the required time frame, the court could rule that the borrower is in default. Eleven days after the court rules the borrower in default, the lender can submit a request that the county sheriff conduct a sale of the property.

Notice of Sale / Auction

It usually takes 2-3 months for the sheriff to properly advertise and give notice of the sale.  The sheriff posts the sale notice on the property and in other public places at least 14 days before the sale date. The notice should include the date, time, and location of the sale, as well as a brief property description and the location of the property. The notice is also delivered to the borrower at least 10 days before the sale date. The notice of sale is published in two local newspapers chosen by the sheriff, appearing no more than three times per week for two weeks before the sale.

Generally, the sale is conducted by the sheriff and takes place at the property or at the local courthouse. After the sale, confirmation of the sale occurs within 1-3 months, and the sheriff transfers ownership to the winning bidder. Prior to confirmation, the borrower may contest the sale procedure, but the borrower has no right of redemption after the sale.

Connecticut Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: No

–  Primary Security Instruments: Mortgage

–  Timeline: Typically 60 days

–  Right of Redemption: No

–  Deficiency Judgments Allowed: Yes

In Connecticut, lenders may foreclose on a mortgage in default by using the judicial foreclosure process.

Judicial Foreclosure

The judicial foreclosure process in Connecticut is carried out by either strict foreclosure or a decree of sale.

With strict foreclosure, no actual foreclosure sale is held. Instead, the lender goes to court to try and obtain a court order demonstrating the borrower is in default of the mortgage. If successful, the title transfers to the lender immediately.

However, the court sets an established amount of time in which the borrower may redeem the property, but if they fail to do so, the title becomes absolute to the lender and the borrower has no longer has any claim to the property. The lender then has thirty (30) days to record a certificate of foreclosure, which must contain a description of the property, the foreclosure proceedings, the mortgage and the date the title became absolute.

With a decree of sale, the court: 1) establishes the time and manner of the sale; 2) appoints a committee to sell the property; and 3) appoints three appraisers to determine the value of the property.

The borrower may stop the foreclosure proceedings at any time before the sale by paying the balance due on the mortgage. If no such payment is made, the committee will go forward with the sale.

The lender may sue to obtain a deficiency judgment in Connecticut.

More information on Connecticut foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes No 90-120 Days NA Court Decides Court
Judicial foreclosure only

Process Begins With a Civil Suit

The judicial foreclosure process in Connecticut is commenced by filing a civil action with the Superior Court.  At the end of the action, the Lender will file a motion for a judgment of foreclosure and the Judge will either grant a “strict foreclosure” or a “foreclosure by sale”.

If a strict foreclosure is granted no actual foreclosure auction is held. During the foreclosure action the court has determined that there is no equity in the property and rather than a foreclosure sale, the court will assign “law days” in reverse order of priority, which allows parties with an interest to redeem the property.  If no party redeems the property on their law day, title of the property will vest, free and clear to the Lender.

The lender then has 30 days to record a certificate of foreclosure, which must contain a description of the property, the foreclosure proceedings, the mortgage and the date the title became absolute.

The Court Orders the Property Sold

If the court determines that there is equity in the property, even by a slim margin, the court will order a foreclosure by sale.  The court establishes the time and manner of the sale and will assign a “committee attorney” to handle all aspects of the foreclosure sale, this is not the same attorney that commenced the foreclosure action.

The borrower may stop the foreclosure proceedings at any time before the sale by paying the balance due on the mortgage. If no such payment is made, the committee will go forward with the sale. After the sale is conducted, the committee attorney must petition the court to “approve” the sale so that title may vest in the successful bidder.

The lender may sue to obtain a deficiency judgment in Connecticut.

STATE OF CONNECTICUT GOVERNMENT RESOURCES:

Connecticut Department of Labor

Connecticut General Assembly

Find Your Representative, Senator & Congressperson

Legislative Commissions

Connecticut Insurance Department

Department of Banking

Howard F. Pitkin, Commissioner

Department of Ethics & Community Development

Governor of Connecticut

Governor, Dannel P. Malloy

Lt. Governor

Nancy Wyman

Office of the Attorney General

George Jepsen

Office of the State Comptroller

Kevin Lembo

American Bar Association’s Guide to Finding Legal Foreclosure Help – Connecticut

Connecticut Fair Housing Center – Foreclosure Prevention Clinics

Connecticut Network for Legal Aid – Foreclosures

Connecticut Law – Laws About Foreclosure

Department of Labor – Foreclosure Initiative

Fair Housing & Fair Lending Foreclosure Prevention Resources

HUD in Connecticut

 The Roof Project – Avoiding Foreclosure in Connecticut

United Way of Connecticut – Avoiding Foreclosure

Attorney General – Consumer Assistance Complaint Form

Or, call the Attorney General’s Office, Consumer Protection Department
(860) 808-5400

Connecticut Fair Housing Center

Department of Banking – Complaints

DOB Foreclosure Hotline – 877-472-8313

Prevent Loan Scams – Connecticut

U.S. Consumer Action Website

STATE OF CONNECTICUT ADDITIONAL RESOURCES:

Vote! – Department of Banking – Foreclosure/ Short Sale Contacts for Connecticut Consumers 

ShortSaleCenter.net

STATE OF CONNECTICUT COURTS & LAW LIBRARY:

Connecticut Judicial Branch Law Libraries

Connecticut Superior Court

University of Connecticut School of Law Library

FEDERAL GOVERNMENT RESOURCES:

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeownership Preservation Foundation – Find Credit Counseling here and Information on the OCC’s Independent Foreclosure Review

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at HUD’s National Servicing Center, and here is U.S. Congressional Representative Look-up Tool

Colorado Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Typically four months

–  Right of Redemption: Yes

–  Deficiency Judgments Allowed: Yes

In Colorado, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

The foreclosure process in Colorado is quite a bit different than in other states because here, the governor appoints a “Public Trustee” for each county in the state. The trustee must act as an impartial party when handling a power of sale foreclosure. In Colorado, the non-judicial power of sale foreclosure is carried out as follows:

The process begins when the attorney representing the lender files the required documents with the Office of the Public Trustee of the county where the property is located. The Public Trustee then files a “Notice of Election and Demand” with the county clerk and recorder of the county. Once recorded, the notice must be published in a newspaper of general circulation within the county where the property is located for a period of five (5) consecutive weeks.

The Public Trustee must also mail, within ten (10) days after the publication of the notice of election and demand for sale, a copy of the same and a notice of sale as published in the newspaper, to the borrower and any owner or claimant of record, at the address given in the recorded instrument. The Public Trustee must also mail, at lease twenty-one (21) days before the foreclosure sale, a notice to the borrower describing how to redeem the property.

The owner of the property may stop the foreclosure proceedings by filing an “Intent to Cure” with the Public Trustee’s office at least fifteen (15) days prior to the foreclosure sale and then paying the necessary amount to bring the loan current by noon the day

before the foreclosure sale is scheduled.

The foreclosure sale must take place between forty-five (45) and sixty (60) days after the recording of the election and demand for sale with the county clerk and recorder. The Public Trustee may hold the sale at any entrance to the courthouse, unless other provisions were made in the deed of trust.

The lender has the option to file a suit for deficiency in Colorado and the borrower has up to seventy five (75) days after the sale to redeem the property by paying the foreclosure sale amount, plus interest.

More information on Colorado foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 145 Days 60 Days None Public Trustee
Judicial foreclosures are not common

Pre-foreclosure Period

The public trustee for each county is either appointed by the governor or elected by the public. The out-of-court foreclosure process begins when a lender files the appropriate documents with the public trustee to request a sale of the property. Once the public trustee officially records the foreclosure action, a foreclosure sale can be scheduled.

After the sale is scheduled, the lender still has to obtain a separate court order allowing the sale. The court schedules a hearing to consider the matter, and all affected parties are notified. If no one contests that the borrower is in default, the court allows the sale without a hearing.

If the borrower plans to pay off the default and stop the foreclosure, he or she needs to submit the intention to do this to the public trustee at least 15 days before the sale. If this is done, the borrower can pay off the default and discontinue the foreclosure process up until noon the day before the sale.

Notice of Sale / Auction

The public trustee schedules the sale 110-125 days after the initial foreclosure action was recorded. The notice of sale is published in a local newspaper for 12 weeks. The public trustee also mails a copy of the notice to the borrower.

The public trustee typically conducts the sale at the courthouse. At the sale, the public trustee reads the written bid submitted by the lender, and any party may bid.  If anyone other than the lender is the winning bidder, that person must deliver the bid amount in cash or cashier’s check to the public trustee. The winning bidder is given a certificate of purchase.

There is no longer any redemption period for the previous owner after a forecosure sale in Colorado.

Alabama Foreclosure Laws

Posted on May 16, 2016

Scroll down for Alabama foreclosure resources

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Varies by Process; Typically 30 – 60 days

–  Right of Redemption: 12 months

–  Deficiency Judgments Allowed: Yes

In Alabama, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. However, when no power of sale is present, lenders may, at their option, choose to forego a lawsuit and foreclose by selling the property, as outlined below in the “No Power of Sale Foreclosure Guidelines”.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. However, if the deed of trust or mortgage contains a power of sale clause, but does not specify the time, place and terms of sale, then a foreclosure sale may take place at the front or main door of the courthouse of the county where the property located, after default of the deed of trust or mortgage, for cash to the highest bidder. The sale may not take place until thirty (30) days after the last notice of sale is published.

Said notice of sale must be given by publication once a week for four (4) successive weeks in a newspaper published in the county or counties in which the property is located. If the property is under mortgage in more than one county, the publication is to be made in all counties where it is located. The notice of sale must give the time, place and terms of said sale, together with a description of the property. If no newspaper is published in the county where the lands are located, the notice shall be placed in a newspaper published in an adjoining county for four (4) successive weeks.

No Power of Sale Foreclosure Guidelines

If no power of sale is contained in a mortgage or deed of trust, the lender, or any assignee thereof, may, after default of the mortgage or deed of trust, either file a lawsuit to foreclose or foreclose by selling the property to the highest bidder for cash at the

courthouse door of the county where the property is situated. Said sale may not take place until after notice of the time, place, terms and purpose of the sale has been published for four (4) consecutive weeks in a newspaper published in the county wherein said lands, or a portion thereof are situated.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 49-74 Days 21 Days 365 Days Trustee
Judicial foreclosures are not common

Pre-foreclosure Period

In Alabama, court foreclosures are rare, occurring only when there are title problems or when the mortgage lacks a provision giving the lender the right to sell the property if the borrower defaults. Out-of-court foreclosure proceedings are most commonly used. The process begins once a lender supplies the attorney with the applicable documents and the attorney schedules a sale of the property.

Although not required by state law, some mortgages require the lender to send a notice of default to the borrower 10-30 days before initiating the foreclosure process.

Unless the mortgage states otherwise, the borrower has a right to pay off the debt at any time and stop the foreclosure process until the day of the foreclosure sale.

Did you know?
Taxes Can Put a Homeowner in Foreclosure (2-Part Series on
Tax Foreclosure)

Notice of Sale / Auction

A lender must follow any notice of sale requirements that are specified in a mortgage. The notice of sale is published for three weeks in a newspaper or posted at the courthouse door and three other public places. The notice must provide a description of the property and the day, place, and terms of the sale.  Usually, the notice is also sent to the borrower, although it is not required unless dictated in the mortgage. If a borrower has other mortgage loans, those lenders typically receive notice as well. The sale takes place at the courthouse. After the foreclosure sale and upon payment of the sale price, a deed is given to the winning bidder.

The borrower has the right to redeem the property after the foreclosure sale, up to one year after the foreclosure sale date.

STATE OF ALABAMA GOVERNMENT RESOURCES:

Attorney General

Luther Strange

Department of Children’s Affairs

Department of Economic & Community Affairs

Department of Finance

State Comptroller, Thomas L. White, Jr., CPA

Department of Human Resources

Department of Insurance

Department of Labor

Health & Social Services

House of Representatives

Speaker of the House, Mike Hubbard

Housing Finance Authority

Lt. Governor’s Office

Kay Ivey

Office of the Governor

Governor, Robert Bentley

Real Estate Commission

Secretary of State

Beth Chapman

State Auditor

Samantha Shaw

State of Alabama Banking Department

State Legislature

Alabama Legislative Information System On Line 

State Senate

Senate Roster

State Treasury

State Treasurer, Young Boozer

STATE OF ALABAMA FORECLOSURE RESOURCES:

AlabamaLegalHelp.org – Foreclosure

Banking Department Foreclosure Assistance

HUD Approved Counseling Agencies: Alabama

HUD Avoid Foreclosure: Alabama

HUD Homeownership: Alabama

HUD in Alabama

HUD Rental Help: Alabama

Legal Services Alabama

Neighborhood Housing Services of Birmingham – Foreclosure Prevention

REPORT FRAUD OR SCAMS IN ALABAMA:

Attorney General – Consumer Protection Complaint Form

Consumer Hotline: 1-800-392-5658 or 334-242-7335

Better Business Bureau – Consumer Complaints

Department of Insurance – File A Complaint

Prevent Loan Scams

U.S. Consumer Action Website

STATE OF ALABAMA ADDITIONAL RESOURCES:

Vote! – Polling Place Search

STATE OF ALABAMA SHORT SALE RESOURCES:

Short Sale Laws in Alabama

ShortSaleCenter.net

STATE OF ALABAMA COURTS & LAW LIBRARY:

Administrative Office of the Courts

Alabama Court of Civil Appeals

Presiding Judge, William C. Thompson

Alabama Court of Criminal Appeals

Presiding Judge, Mary Becker Windom

Alabama Judicial System

Faulkner University George H. Jones, Jr. Law Library

Jefferson County Law Library

Samford University Lucille Stewart Beeson Law Library

Supreme Court of Alabama

Chief Justice, Charles R. Malone

Supreme Court & State Law Library

The University of Alabama Bounds Law Library

FEDERAL GOVERNMENT RESOURCES:

Fannie Mae Loan Look-Up Tool – Find out if your loan is owned by Fannie Mae here.

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeowner Crisis Resource Center – Includes tips on avoiding foreclosure.

Homeownership Preservation Foundation – Find Credit Counseling here and HERE.

Information on the OCC’s Independent Foreclosure Review

MyMoney.gov – This site organizes financial education help from over 20 different Federal web sites in one place, including dealing with mortgages.

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Office of the Comptroller of the Currency – For Complaints Against National Banks

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at Military.com or at HUD’s National Servicing Center, and here is Information for Veterans from HUD.

U.S. Congressional Representative Look-up Tool

Original linkOriginal author: Mandelman

Arkansas Foreclosure Laws

Posted on May 16, 2016

Quick Facts

– Judicial Foreclosure Available: Yes

– Non-Judicial Foreclosure Available: Yes

– Primary Security Instruments: Deed of Trust, Mortgage

– Timeline: Typically 120 days

– Right of Redemption: Varies

– Deficiency Judgments Allowed: Varies

In Arkansas, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. However, an appraisal of the property must be made prior to the schedule date of foreclosure.

In any foreclosure under a mortgage or deed of trust in Arkansas, the property must sell for not less than two-thirds of the appraised value. If it does not, then it may be offered for sale again within twelve (12) months. The second sale may be to the highest bidder without reference to the previous appraisal.

Judicial Foreclosure

In judicial foreclosure, a court decrees the amount of the borrowers debt and gives him or her a short time to pay. If the borrower fails to pay within that time, then the clerk of the court, as commissioner, advertises the property for sale.

Sales of real property under court order will be on a credit of not less than three (3) months, but not more than six (6) months, or on installments to not more than four (4) months credit overall. To secure payment, a lien will be retained on the property for its price and the purchaser must also give a bond with surety for the amount of the purchase price.

The lender may bid at the sale by crediting a portion (or all) of the amount the court found was owed to the lender against the sales price of the property purchased at the foreclosure sale. If the real estate does not sell for an amount equal to what�s due on the mortgage loan, then the lender may seize other property from the borrower as in an ordinary judgment.

The borrower has one (1) year from the date of the sale to redeem the property by paying the amount for which the property was sold, plus interest.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

The trustee must record a notice of sale in the office of the recorder of the county where the property is located. The mortgagee’s or trustee’s notice of default and intention to sell shall be mailed within thirty (30) days of the recording of the notice by certified mail to the borrower. This includes any borrower of record or of whom the lender has actual notice. The notice must also be mailed to anyone who records a Request for Notice that specifically described the mortgagee including its recording information.

Within five (5) days after the notice is recorded, the trustee must mail, by certified mail, a copy of the notice of sale to each of the people who are parties to the trust deed, except for himself. Additionally, the notice of default and intention to sell must appear in a newspaper in the county where the property is located once a week for four (4) consecutive weeks, with the last notice being published not less than ten (10) days prior to the date of the sale.

Said notice of default and intention to sell must contain the names of the parties to the mortgage or deed of trust, a legal description of the trust property and, if applicable, the street address of the property, the book and page numbers where the mortgage or deed of trust is recorded or the recorder’s document number, the default for which foreclosure is made, the mortgagee’s or trustee’s intention to sell the trust property to satisfy the obligation, including, in conspicuous type, a warning as follows: “YOU MAY LOSE YOUR PROPERTY IF YOU DO NOT TAKE IMMEDIATE ACTION” and the time, date, and place of sale.

Any person including the mortgagee (lender) may bid at the sale, except the trustee, who may bid on the behalf of the beneficiary (lender) but not for himself or herself in deed of trust sales. The high bidder must pay the price bid at the time of sale, or within ten (10) days. The lender may bid by canceling out what it is owed on the loan, including unpaid taxes, insurance, costs or sale and maintenance, but for cash for any higher price.

The trustee may postpone the sale by public proclamation at the time, place and date last appointed for sale, up to seven (7) days past the original date, but if for a longer time, then the whole notice procedure must be performed a second time, including the sixty (60) day wait.

Once the sale is complete, the proceeds will go to the pay for the expenses of the foreclosure sale, then toward the obligations secured by the trust deed that was foreclosed and then to junior lien holders in order of their priority. The original borrower is entitled to receive any remaining funds. The successful bidder receives a trustee�s deed.

The lender may sue the borrower for a deficiency within twelve (12) months of a power of sale clause foreclosure. The lender may sue for (1) the difference between the foreclosure sale price and the balance due on the loan, or (2) the balance due on the loan minus the fair market value of the property, whichever is less.

More information on Arkansas foreclosure laws

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 70 Days 30 Days 365 Days* Trustee
Both Kinds of Foreclosures are used equally

Pre-foreclosure Period

In Arkansas, foreclosures can be handled either in or out of the court system, but the lender must have an appraisal of the property taken prior to the scheduled foreclosure date.

In a court-handled foreclosure, the court determines the amount in default and gives the borrower a short time to pay the debt to the lender. If the borrower fails to pay the full amount owed within that timeframe, then the property goes up for sale, usually about 30 days after the court considers the matter.

Power-of sale clauses in mortgages allow lenders to foreclose on property in default without going through the court system. To begin the foreclosure process out of court, the lender will have a notice of default filed with county records. The borrower can stop the foreclosure process by paying off the amount owed any time before the foreclosure sale.

Notice of Sale/Auction

For power-of-sale foreclosures handled out of the court system, the notice of default filed by the lender also serves as the notice of sale, as it contains all the information pertinent to the sale (time, location, property description, etc.). Within 30 days of this notice of default being recorded, a copy of the notice and the lender’s intention to sell is mailed to the borrower. The lender also posts a notice of sale in the office of the county recorder. The notice is published in a local newspaper for four consecutive weeks, with the final notice being published at least 10 days prior to the sale.

At the sale, which is run by an auctioneer, anyone can bid on the property, with the exception of the trustee, who may only bid on behalf of the lender. The highest bidder is awarded ownership of the property and must pay the full bid price within 10 days of the sale. For out-of-court foreclosures, the borrower has no right to redeem the property after the sale.

The property must sell for no less than two thirds of the appraised value. If this value is not met, the property must be offered for sale again within 12 months of the original sale date. If this occurs, the second sale awards the property to the highest bidder, regardless of the appraisal price.

If the property is foreclosed through the courts, the borrower has one year from the date of the sale to redeem the property, provided that they pay the amount of the purchase price from the auction plus interest.

Arizona Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Typically 90 days

–  Right of Redemption: None

–  Deficiency Judgments Allowed: Varies

In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

The trustee must record a notice of sale in the office of the recorder of the county where the property is located. Within five (5) days after the notice is recorded, the trustee must mail, by certified mail, a copy of the notice of sale to each of the people who are parties to the trust deed, except for himself. Additionally, the notice must appear in a newspaper in the county where the property is located once a week for four (4) consecutive weeks, with the last notice being published not less than ten (10) days prior to the date of the sale.

Optionally, if it can be done without a breach of the peace, the trustee can post the notice at least twenty (20) days prior to the date of the sale, in some conspicuous place on the property to be sold and/or he or she can post the notice at the courthouse or at a specified place at the place of business of the trustee in the county in which the property is located.

The trustee or the trustee�s agent must conduct the sale. The sale is for cash to the highest bidder, except that the lender can make a “credit bid,” which means to cancel out some part (or all) of the money the borrower owed the lender on the lean, instead of paying cash. A successful high bidder must pay the bid price by 5 pm of the day after the bid, other than a Saturday or legal holiday. Every bid is an irrevocable offer until the sale is completed, which happens when the bidder pays the bid price to the trustee�s satisfaction. If the high bidder fails to make the payment by 5:00 pm, the day after being notified of the option to buy, then the trustee may postpone the sale.

The trustee may postpone the sale to another time, or another place, by giving notice of the new date, time and place by public declaration at the last place and time the property was offered for sale. No other notice is required. A trustee may also, by written agreement, extend the time for a buyer to come up with the payment.

Once the sale is complete, the proceeds will go to the payment of the obligations secured by the deed of trust that was foreclosed, then to junior lien holders in order of their priority. The successful bidder gets a trustee�s deed, which provides conclusive evidence that the trustee conducted the foreclosure sale property.

A note regarding Deficiency Suits: A lender may not bring a deficiency suit against a person who lost a property that is 2.5 acres or less at a foreclosure, provided the property was a single one-family or a single two-family dwelling. This is so even if the high bid at foreclosure was less that the balance due on the loan. However, in foreclosures against other types of property, a deficiency suit is allowed, but is limited to the difference between the balance owed and the fair market value of the property, and then only if the suit is brought within ninety (90) days of the power of sale foreclosure.

More information on Arizona foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 90+ Days 41 Days 30-180* Days Trustee
Judicial foreclosures are not common

Pre-foreclosure Period

Court foreclosures begin when the lender files for foreclosure in court and records a notice of the pending lawsuit (Lis Pendens). The court filing includes the debt and default amount. The borrower and any junior lien holders are notified either in person or by publication. If the borrower does not respond to the court action, the court can rule against them and set the amount owed to the lender. The county clerk then directs the county sheriff to conduct a sale of the property to recover the amount owed.

An out-of-court foreclosure sale may occur if a clause in the trust deed permits the lender to sell the property if a borrower defaults. To start the foreclosure, the trustee records a notice of sale, and the sale occurs at least three months after the notice is recorded. Until 5:00 p.m. the day before the sale, the borrower or any junior lien holders may stop the foreclosure by paying the default amount, fees, and costs.

Notice of Sale / Auction

For court foreclosures, the sheriff conducts the sheriff’s sale about 45 days after the county clerk directs the sale. It is a public auction, and anyone may bid.  The bid price must be paid to the sheriff by 5:00 p.m. the day after the sheriff’s sale. After the sale, a certificate of sale is issued.  If the property is not abandoned, the redemption period is six months from the sale date. If the borrower does not redeem, any secondary lenders may do so within a specified time. To redeem the property, the total amount owed plus fees and costs must be paid. If no one redeems the property, the sheriff transfers ownership to the winning bidder.

For out-of-court trustee’s sales, the notice of sale contains a property description, and the date, time and place of the sale. The notice is recorded, and the trustee mails the notice to all affected parties at least three months before the sale date. The notice appears in a local newspaper once a week for four weeks, with the last notice published no less than 10 days before the sale date. At least 20 days before the sale, the notice is posted on the property and the county courthouse. Starting the day before the sale and up to the sale, the trustee must provide the opening bid of the sale to anyone who asks or the sale may have to be postponed.

The trustee or the trustee’s agent conducts the sale at the property, the courthouse, or the trustee’s office.  All bidders must provide a refundable $10,000 deposit in order to bid; the trustee keeps the deposit of the winning bidder. The sale can be postponed up to 90 days by announcement at the originally scheduled sale. The winning bidder has until 5:00 p.m. the next day to pay the full bid price, after which the trustee transfer ownership of the property within seven days. The proceeds of the sale are paid to the primary lender, then to any secondary lenders. There is no right of redemption for the borrower after an out-of-court foreclosure sale.

State of Arizona Foreclosure Resource Links

Arizona Attorney General

Tom Horne

Attorney General Consumer Complaint Form

(If you believe you have been the victim of consumer fraud, you should contact the company in writing and request the appropriate relief.  Filing the complaint with the company’s regulating agency is recommended.  You can also file a complaint with the Arizona AG’s office)

Arizona Commerce Authority

Arizona Consumer Affairs

Arizona Department of Financial Institutions – Consumer Affairs Division

Arizona Department of Insurance – Consumer Services

Arizona Department of Revenue

Arizona House of Representatives

Andy Tobin, Speaker of the House

Find Your Representative

Arizona State Governor

Janice K. Brewer

Arizona State Legislature

Find Your Legislature – Member Roster

How to Contact a Member of the Legislature

State Legislature Bill Search

State Legislative Calendar

Arizona State Senate

Steve Pierce, Senate President

State Senate Directory

Office of the Auditor General

Debbie Davenport, Auditor General

STATE OF ARIZONA FORECLOSURE RESOURCES:

Arizona Association of Realtors  – Foreclosure Assistance

Arizona Department of Housing  – Hotline

Arizona Department of Insurance

Arizona Foreclosure Prevention Taskforce

Arizona Law Help – Information on Foreclosures

Foreclosure & Housing Resources, Scottsdale Government

Local Arizona HUD Offices

Foreclosure Prevention Workshops for Consumers  – Freddie Mac

Mortgage Settlement & Foreclosure Resource Center – Tom Horne, AZ Attorney General

Neighborhood Housing Services of Phoenix

Office of Public Housing in Arizona

REPORT FRAUD OR SCAMS IN ARIZONA:

//mandelman.ml-implode.com/2012/05/state-of-arizona-foreclosure-resource-links/ consumeraffairs@azdfi.gov“>Arizona Department of Financial Institutions

(Report suspected scams to the Department of Financial Institutions at  fraudline@azdfi.gov)

Arizona Foreclosure Prevention Task Force – Scams

Prevent Loan Scams

U.S. Consumer Action Website

STATE OF ARIZONA ADDITIONAL RESOURCES:

AZ Checkbook

State Treasurer, Doug Ducey

Vote – Find Your Polling Place

STATE OF ARIZONA SHORT SALE RESOURCES:

Arizona Association of Realtors Short Sale Seller Advisory

STATE OF ARIZONA COURTS & LAW LIBRARY:

Arizona Court of Appeals

Arizona Supreme Court

Arizona State Law Library

U.S. Bankruptcy Court – District of Arizona

U.S. District Court of Arizona

FEDERAL GOVERNMENT RESOURCES:

Fannie Mae Loan Look-Up Tool – Find out if your loan is owned by Fannie Mae here.

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeowner Crisis Resource Center – Includes tips on avoiding foreclosure.

Homeownership Preservation Foundation  – Find Credit Counseling here and HERE.

Information on the OCC’s Independent Foreclosure Review

MyMoney.gov – This site organizes financial education help from over 20 different Federal web sites in one place, including dealing with mortgages.

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Office of the Comptroller of the Currency – For Complaints Against National Banks

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at Military.com or at HUD’s National Servicing Center, and here is Information for Veterans from HUD.

U.S. Congressional Representative Look-up Tool

Alaska Foreclosure Laws

Posted on May 16, 2016

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Varies by Process; Typically 90 days

–  Right of Redemption: Varies by Process

–  Deficiency Judgments Allowed: Varies by Process

In Alaska, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, has been instituted more since the late 1980’s, when lenders found that they were foreclosing on residential property worth substantially less than the amount owed. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

In the case of judicial foreclosure, the process is carried out according to the rules of equity, deficiency suits are permitted and the borrower has no rights of redemption.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed, provided it meets the minimum protection laws set forth by the State of Alaska. Otherwise, the non-judicial power of sale foreclosure is carried out in the following three phases:

The trustee must record a notice of default in the office of the recorder of the recording district in which the property is located not less than thirty (30) days after the default and not less than three (3) months before the sale.

Said notice of default must state the name of the borrower, the book and page where the deed is recorded and it must describe the property, the borrower’s default, the amount the borrower owes, and the trustee’s desire to sell. It must also state the date, time and place of the sale.

Within ten (10) days after recording the notice of default, the trustee must mail a copy of the same by certified mail to the last know address of (1) the borrower, and (2) any person whose claim or lien on the property appears of record or is known to the lender of trustee and (3) any occupant. The trustee may have the notice delivered personally instead of sending it by certified mail.

Any time before the sale, the borrower may cure the default and stop the sale by paying a sum equal to the missed payments plus attorney’s fees. The lender may not require the borrower to pay off the entire remaining principal balance of the loan to cure the default, just the missed payments and attorney’s fees. If the lender has recorded a notice of default two or more times, then the Alaska statutes provide that the lender can refuse to accept the borrower’s monies for the missed payments and attorney’s fees and proceed with the foreclosure sale instead.

The sale must be made at a public auction held at the front door of a courthouse of the superior court in the judicial district where the property is located. The trustee must sell to the highest and best bidder and the lender may bid at auction.

The trustee may postpone sale of all or any portion of the property by delivering to the person conducting the sale a written and signed request for the postponement to a stated date and hour. The person conducting the sale shall publicly announce the postponement to the stated date and hour at the time and place originally fixed for the sale. This procedure shall be followed in any succeeding postponement.

When this type of foreclosure process is used, the borrower has a right to redeem the property and deficiency suits are not allowed.

More information on Alaska foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 105 Days 65 Days 365 Days* Trustee
Judicial Foreclosures are used as a last alternative

Pre-foreclosure Period

In Alaska, most deeds of trust contain provisions enabling lenders to sell a property if a borrower defaults, thus giving lenders the power to foreclose out of court. For an out-of-court foreclosure to begin, the borrower must be in default for 30 days or more. A default notice is recorded and sent to all affected parties and must contain the deed of trust information, a description of the property, the debt owed, and the date, time, and location of the sale. This notice is also posted on the property. The borrower may resolve the default before the sale by paying the default amount plus applicable expenses.

For court foreclosures, the borrower does not need to be 30 days in default. A complaint and Lis Pendens (notice of pending lawsuit) are filed in court and delivered to the borrower. If the borrower does not respond within 20 days after the complaint is delivered, the court is able to rule the borrower in default and instruct that the property be sold.

Notice of Sale / Auction

For both types of foreclosures, the notice of sale must be posted in three public places at least 30 days before the sale, with one of them being the closest U.S. post office. The notice must also be published in a local newspaper once a week for four weeks.

For out-of-court foreclosures, the location of the sale varies. The lender’s attorney typically conducts the foreclosure sale. After the sale, the trustee provides the winning bidder with the deed transferring ownership. In most cases, all junior liens against the property are cleared from the title for the purchaser at an out-of-court auction. If the sale is postponed, the person conducting the sale must announce it publicly.

For court foreclosures the person overseeing the auction may postpone the auction by announcement for up to one week. If the sale is postponed more than 30 days, a new notice of sale is issued and advertised. After the sale, the winning bidder receives a certificate of sale and the sale must be confirmed. For court foreclosure sales, borrowers have a right of redemption for 12 months after the sale confirmation. The borrower must pay the amount of the sale price plus 8 percent interest and other applicable costs. If the property is not redeemed, the winning bidder at the sale can obtain full ownership of the property.

California Foreclosure Laws

Posted on May 16, 2016

This Page is sponsored in part by:

Stephen R. Golden & Associates
~

CDA Law Center

Quick Facts

–  Judicial Foreclosure Available: Yes

–  Non-Judicial Foreclosure Available: Yes

–  Primary Security Instruments: Deed of Trust, Mortgage

–  Timeline: Typically 120 days

–  Right of Redemption: Varies

–  Deficiency Judgments Allowed: Varies

In California, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the “Power of Sale Foreclosure Guidelines”.

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

A notice of sale must be: 1) recorded in the county where the property is located at least fourteen (14) days prior to the sale; 2) mailed by certified, return receipt requested, to the borrower at least twenty (20) days before the sale; 3) posted on the property itself at least twenty (20) days before the sale; and 4) posted in one (1) public place in the county where the property is to be sold.

The notice of sale must contain the time and location of the foreclosure sale, as well as the property address, the trustee’s name, address and phone number and a statement that the property will be sold at auction.

The borrower has up until five days before the foreclosure sale to cure the default and stop the process.

The sale may be held on any business day between the hours of 9:00 am and 5:00 pm and must take place at the location specified in the notice of sale. The trustee may require proof of the bidders ability to pay their full bid amount. Anyone may bid at the sale, which must be made at public auction to the highest bidder. If necessary, the sale may be postponed by announcement at the time and location of the original foreclosure sale.

Lenders may not seek a deficiency judgment after a non-judicial foreclosure sale and the borrower has no rights of redemption.

More information on California foreclosure laws.

Judicial Non-Judicial Process Period Sale Publication Redemption Period Sale/NTS
Yes Yes 117 Days 21 Days 365* Days Trustee
Judicial Foreclosures are not common

Pre-foreclosure Period

Court foreclosures only occur if a lender desires a deficiency judgment. This process gives a borrower up to one year to redeem the property after the foreclosure sale. It is recommended that the borrower find a way to resolve it, or get someforeclosure assistance.

In almost all cases, foreclosures are handled out of court. The process begins when a lender files a notice of default with the county recorder identifying the default amount and the date the borrower must pay off the default. The notice is mailed to the borrower and other affected parties.

Up to five business days before the trustee sale, the borrower may pay off the default plus any applicable costs of foreclosure and stop foreclosure. Three months after the notice of default is filed, the lender can schedule a trustee’s sale of the property.

Notice Of Sale / Auction

At least 20 days before the trustee’s sale, the notice of sale must be posted on the property and in one local public location. The notice is also published once a week for three weeks in a local newspaper, starting at least 20 days before the sale date. The notice is mailed to the borrower at least 20 days before the sale and to anyone who requests the notice. The notice must contain the date, time, and location of the sale, the property address, and the trustee’s contact information. In addition, the notice of sale must be recorded with the county recorder at least 14 days before the sale.

The trustee’s sale is a public auction and the property is sold to the winning bidder. The trustee may require bidders to pay the full bid amount in cash or cashier’s check. Anyone may bid at the sale, including the lender and any junior lien holders. A trustee’s sale may be postponed by announcement at the sale. If a sale is postponed more than three times, a new notice of sale must be issued.

After the sale is complete, the trustee transfers ownership to the winning bidder. The borrower does not have the right to redeem the property after the sale.

California Foreclosure Resources

California Department of Justice, Office of the Attorney General

Kamala D. Harris

Attorney General Consumer Alerts, Information and Complaints

  • You may find your answer in the most frequently asked questions or the listed consumer topics.
  • Online complaint referral tables, pdf. By taking this step, your complaint can get to the government agency that directly regulates the individuals or businesses about which you have a complaint.
  • Ways to resolve your complaint. Consider your options. Remember, you must pursue remedies in your private dispute on your own. The AG can’t provide you with legal advice or represent you in personal legal actions.

California Department of Consumer Affairs

CA Department of Consumer Affairs – File A Complaint

California Department of Finance

California Department of Financial Institutions

California Department of Insurance

CA Department of Insurance – Consumer Information

California Judicial Branch

California Legislature

California Office of the Governor

Governor Edmund G. Brown, Jr.

Office of the Governor, Frequently Asked Questions (FAQs)

California Secretary of State

California State Assembly

John A. Perez, Speaker of the Assembly

John Boehenr, Speaker of the House

California Bill Information

California Law Information – Code

California Legislative Calendar

California Legislation – Find A Bill

Find My CA Representative

California State Auditor

State Auditor, Elaine M. Howle, CPA

California State Senate

Find My Senator – By District

State of California Franchise Tax Board

State of California

STATE OF CALIFORNIA FORECLOSURE RESOURCES:

California Association of Realtors

California Department of Real Estate (DRE)

DRE Foreclosure Brochure

Filing a Complaint with the Department

California Department of Housing and Community Development

Complaint Information Sheet

State of California Consumer Home Mortgage Information

California Foreclosure Information

California Foreclosure Law Summary

California Foreclosure Prevention Act

California Foreclosure Process – Housing and Economic Rights Advocates

California Local Department of Housing & Urban Development (HUD) Offices

California Mortgage Assistance Corporation

Foreclosure Prevention Workshops – Freddie Mac

Neighborhood Housing Services of Los Angeles County

Neighborhood Housing Services of Orange County

Neighborhood Housing Services of Silicon Valley

Neighborhood Housing Services of the Inland Empire

State of California Franchise Tax Form – Mortgage Forgiveness and Debt Relief Law

REPORT FRAUD OR SCAMS IN CALIFORNIA:

CA Association of Realtors Foreclosure-Related Scam Info & Help

California Department of Financial Institutions – Online Complaint Form

California Office of Consumer Affairs – Complaint Self-Help for Consumers

Prevent Loan Scams – California

California Department of Justice, Office of the Attorney General – Consumer Complaint Form

AG’s Public Inquiry Unit, including comsumer complaint info: (800) 952-5225

U.S. Consumer Action Website

STATE OF CALIFORNIA ADDITIONAL RESOURCES:

Vote – Find Your Polling Place

STATE OF CALIFORNIA SHORT SALE RESOURCES:

Fannie Mae Short Sale Assistance Desk

California Association of Realtors Short Sale Information and Advisory

STATE OF CALIFORNIA COURTS & LAW LIBRARIES:

California Courts of Appeal

California Law Library

California Superior Courts

California Supreme Court

U.S. Bankruptcy Court – Central District of California

U.S. Bankruptcy Court – Eastern District of California

U.S. Bankruptcy Court – Northern District of California

U.S. Bankruptcy Court – Southern District of California

U.S. District Court – Central District of California

U.S. District Court – Eastern District of California

U.S. District Court – Northern District of California

U.S. District Court – Southern District of California

FEDERAL GOVERNMENT RESOURCES:

Fannie Mae Loan Look-Up Tool – Find out if your loan is owned by Fannie Mae here.

Financial Fraud Enforcement Task Force

Freddie Mac Loan Look-Up Tool – Find out if Freddie Mac owns your loan here.

Homeowner Crisis Resource Center – Includes tips on avoiding foreclosure.

Homeownership Preservation Foundation – Find Credit Counseling here and HERE.

Information on the OCC’s Independent Foreclosure Review

MyMoney.gov – This site organizes financial education help from over 20 different Federal web sites in one place, including dealing with mortgages.

OCC’s Tips for Avoiding Foreclosure Rescue Scams

Office of the Comptroller of the Currency – For Complaints Against National Banks

Service Members Civil Relief Act – The Act that postpones or suspends certain civil obligations to enable service members to devote their full attention to duty and to relieve stress on their families. The act covers:

•       Outstanding credit card debt

•       Mortgage payments

•       Pending trials

•       Taxes

•       Termination of lease

•       Eviction from housing

•       Life insurance protection

Get more information at Military.com or at HUD’s National Servicing Center,                                                                             and here is Information for Veterans from HUD.

U.S. Congressional Representative Look-up Tool

U.S. Department of Housing & Urban Development – Avoiding Foreclosures

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