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wedesignyouny · 1 year ago

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Why is My Bank Reopening My Old Foreclosure Case ?

Do you live in New York and have a foreclosure suit in your past (initiated more than 6 years ago) that was voluntarily dismissed? Thanks to the recent Engels Decision, your lender may be able to re-start its case against you despite the many years that have passed. But first, you need to understand some legal terminology.

What is Loan Acceleration/De-acceleration?

If you read through your mortgage documentation, you may come across a clause that states that if you stop paying your mortgage payments, your lender has the right to ask for all the money you owe them at once and in one lump payment. This is called acceleration because the lender is accelerating the time between when the loan was signed and when the full payment will be expected to be completed.

If your lender has started a foreclosure suit against you, the loan would be considered accelerated. However, if you were able to negotiate with the lender, and started your payments again, the loan would be considered de-accelerated because you are once again able to pay the debt over a longer period of time. Once a loan is de-accelerated, your foreclosure case would be considered voluntarily dismissed.

What is the Difference Between a Voluntary and Involuntary Dismissal?

There are two types of dismissals of foreclosure cases:

A voluntary dismissal is when your lender stops the foreclosure suit against you on their own. An example of this is what happens if you successfully negotiate with your lender to re-pay or re-organize your loan.

An involuntary dismissal is when the court decides against your lender and dismisses their case against you. For example, if your lender didn’t do the correct paperwork beforehand, the court can rule against them.

How Did the Statute of Limitations Work in Foreclosure Cases Prior to the Engels Decision?

From the time a lender decides to accelerate your debt, the statute of limitations in New York gives them six years to start the process by actually filing the complaint with the court. For example: if your mortgage lender accelerates your debt and sues you in 2014, and then the case was dismissed (either voluntarily or involuntarily because pre-Engel it did not make a big difference) in 2019, your lender usually couldn’t sue you again in 2021. This was because the courts considered your original acceleration (2014) to be the starting date of the six-year statute of limitations, and 2021 was over the time limit.

Needless to say, banks and lenders weren’t happy with this limitation. There were multiple arguments and cases in the court system all about the timing of when the six-year statute of limitations countdown actually started. They were especially upset that the countdown wasn’t restarted after a voluntary dismissal.

What Does the Engel Decision Change?

The Engel Decision (Freedom Mortg. Corp. v. Engel) was a Court of Appeals of New York decision that was actually based on four different cases – all having to do with the six-year statute of limitations, and the concept of acceleration and de-acceleration when it comes to residential foreclosure. Specifically, when does the “clock” start or stop?

What the Engel Decision mandated is the statute of limitations starts the clock on the date of the latest suit that was voluntarily dismissed, not the date of the original case.

Using the example above, if your foreclosure suit started in 2014, and was voluntarily dismissed in 2019, your lender can NOW start a new case, using 2019 as the date of the last proceeding, because the 2019 case was a voluntary dismissal, and so the clock was restarted.

Note – the Engel Decision did not cover involuntary de-accelerations. Your foreclosure attorney maybe able to use the pre-Engel statute of limitations defense to fight your case if your last court decision was an involuntary dismissal.

What is The Foreclosure Abuse Prevention Act?

A number of New York housing advocates were concerned that unscrupulous lenders could use the Engel Decision to their own advantage. So several representatives created the Foreclosure Abuse Prevention Act. The justification of this bill was:

Engel effectively put the ability to unilaterally… stop, and restart the limitations period… at will, directly in the hands of mortgage foreclosure plaintiffs and their servicers, to the clear detriment of New York homeowners… As a direct result of Engel, …courts …have been bombarded with a flurry of motions made by mortgage lenders and servicers to re-open cases, some having been dismissed years ago on statute of limitations grounds, on the basis that Engel represents a change or clarification in the decisional law that, in effect, not only exempts mortgage foreclosure plaintiffs from having the statute of limitation applied to them, but gives them unilateral and unbridled control to manipulate calculation of the six-year period…

The bill passed both houses of the New York State Senate and is currently being reviewed by Governor Hochul.

What to Do Next

We do not know if the Foreclosure Abuse Prevention Act will pass or in what form. In the meantime, if your older foreclosure case is being re-opened, you are going to need a lawyer by your side with extensive experience in foreclosure defense law. Foreclosure statute of limitations is not the only weapon a good foreclosure attorney can use.

For a free consultation, reach out to New York foreclosure lawyer Ronald D. Weiss, P.C. . He can tell you what you need to know about fighting a foreclosure lawsuit and help you get your case started. Call 631-303-3765 and take the first step to a fresh start.

#Mortgage Modification #Bankruptcy Lawyer #Foreclosure Attorney #Loan Modification

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newstfionline · 4 years ago

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Tuesday, May 4, 2021

Employers, insurers push to make virtual visits regular care (AP) Make telemedicine your first choice for most doctor visits. That’s the message some U.S. employers and insurers are sending with a new wave of care options. Amazon and several insurers have started or expanded virtual-first care plans to get people to use telemedicine routinely, even for planned visits like annual checkups. They’re trying to make it easier for patients to connect with regular help by using remote care that grew explosively during the COVID-19 pandemic. Advocates say this can keep patients healthy and out of expensive hospitals, which makes insurers and employers that pay most of the bill happy. But some doctors worry that it might create an over-reliance on virtual visits. “There is a lot lost when there is no personal touch, at least once in a while,” said Dr. Andrew Carroll, an Arizona-based family doctor and board member of the American Academy of Family Physicians.

Landlords and renters both struggling (Washington Post) In the covid economy of 2021, the federal government has created an ongoing grace period for renters until at least July, banning all evictions in an effort to hold back a historic housing crisis that is already underway. More than 8 million rental properties across the country are behind on payments by an average of $5,600, according to census data. Nearly half of those rental properties are owned not by banks or big corporations but instead by what the government classifies as “small landlords”—people who manage their own rentals and depend on them for basic income, and who are now trapped between tenants who can’t pay and their own mounting bills for insurance, mortgages and property tax. According to government estimates, a third of small landlords are at risk of bankruptcy or foreclosure as the pandemic continues into its second year.

Pandemic baby bust unprecedented in Bay Area, California history (San Francisco Chronicle) U.S. residents are having fewer babies this year. And California’s birth rates in January and February—around the time when early pandemic babies would be due—declined by 15% compared to the same period last year, the steepest year-over-year decline for those months since at least 1960, according to a Chronicle analysis. We used data from California’s Health and Human Services department, which collects monthly birth totals per county. We found that the state’s births declined from nearly 70,000 in the first two months of 2020 to fewer than 59,000 in the same period in 2021.

Zoom Court Is Changing How Justice Is Served (The Atlantic) Last spring, as COVID‑19 infections surged for the first time, many American courts curtailed their operations. As case backlogs swelled, courts moved online, at a speed that has amazed—and sometimes alarmed—judges, prosecutors, and defense attorneys. In the past year, U.S. courts have conducted millions of hearings, depositions, arraignments, settlement conferences, and even trials—nearly entirely in civil cases or for minor criminal offenses—over Zoom and other meeting platforms. As of late February, Texas, the state that’s moved online most aggressively, had held 1.1 million remote proceedings.

Mexico City metro overpass collapses onto road; 20 dead (AP) An elevated section of the Mexico City metro collapsed and sent a subway car plunging toward a busy boulevard late Monday, killing at least 20 people and injuring about 70, city officials said. Mayor Claudia Sheinbaum said 49 of the injured were hospitalized, and that seven were in serious condition and undergoing surgery. The overpass was about 5 meters (16 feet) above the road in the southside borough of Tlahuac, but the train ran above a concrete median strip, which apparently lessened the casualties among motorists on the roadway below. “A support beam gave way,” Sheinbaum said, adding that the beam collapsed just as the train passed over it.

El Salvador’s judiciary (Foreign Policy) Lawmakers in El Salvador voted to remove five influential Supreme Court judges and the attorney general over the weekend in a move U.S. Secretary of State Antony Blinken has noted with “grave concern.” The motions to remove the officials passed with a supermajority in El Salvador’s legislature, now ruled by President Nayib Bukele’s New Ideas party following a sweeping victory in February’s elections. Addressing the international community on Twitter Bukele dismissed rebukes over the move. “With all due respect: We are cleaning house … and this doesn’t concern you,” Bukele said.

‘Hospitals are full’ as Argentina COVID-19 cases hit 3 million (Reuters) Argentina coronavirus cases hit 3 million on Sunday since the pandemic began, as medical workers said hospitals were full to capacity despite toughened government measures to bring down the spread of infections. The government of President Alberto Fernandez this week unveiled a new round of tougher restrictions as a second wave of infections has battered the country, filling up intensive care units and setting new daily records for cases and deaths. Marcela Cid, owner of a business on the outskirts of Buenos Aires, said that Argentines were increasingly “locked into a situation” that while necessary, was of little help to anyone trying to move beyond the pandemic.

EU proposes reopening external borders (AP) In an announcement sure to be welcomed by travelers worldwide, EU officials on Monday proposed easing restrictions on visiting the 27-nation bloc as vaccination campaigns across the continent gather speed. Travel to the European Union is currently extremely limited except for a handful of countries with low infection rates. But with the summer tourist season looming, the bloc’s European Commission hopes the new recommendations will dramatically expand that list. The Commission hopes the move will soon allow travelers reunite with their friends and relatives living in Europe and support the bloc’s economy this summer. Under the Commission’s proposal, entry would be granted to all those fully vaccinated with EU-authorized shots. Coronavirus vaccines authorized by the European Medicines Agency, the bloc’s drug regulator, include Pfizer, Moderna, AstraZeneca and Johnson & Johnson.

Indian leader’s party takes electoral hit amid virus surge (AP) India’s Prime Minister Narendra Modi suffered a resounding defeat in a key state election on Sunday, indicating his Hindu nationalist party’s political strength may be slipping as the country struggles to contain an unprecedented surge in coronavirus cases. Modi’s Bharatiya Janata Party (BJP) was unable to dislodge West Bengal state’s firebrand chief minister, Mamata Banerjee, after a hard-fought campaign. His party also failed to win in two southern states, Tamil Nadu and Kerala. But the BJP secured a second term in the northeastern state of Assam and an alliance with regional parties led it to victory in the union territory of Puducherry. Even before the current virus surge, Modi’s party faced stiff challenges in these local legislative elections. Following the disappointing results, Modi stands weakened but faces no threats to staying on as prime minister until his term ends in 2024.

Formal Withdrawal from Afghanistan Begins (AP) US and NATO troops stationed in Afghanistan formally began the withdrawal phase over the weekend, a process that is expected to last through the summer and officially end Sept. 11. Roughly 3,000 US troops and 7,000 coalition troops remain in the country, along with a reported 18,000 Pentagon-employed contractors. The exit has been framed as nonconditional—meaning ongoing attacks by the Taliban against the Afghan government won’t delay the withdrawal. Many have questioned the ability of the Afghan National Army to provide security against the Taliban absent international forces. Despite assurances by Afghan officials, Taliban forces have established themselves across most of the country. Afghan forces control an estimated one-third of the country’s districts, with the Taliban controlling about 10%, and nearly half—areas that include a total of roughly 14 million people—currently contested.

Chinese man crosses Taiwan Strait by rubber dinghy, seeking ‘freedom and equality’ (Washington Post) A Chinese man appeared to sail undetected through the highly militarized Taiwan Strait in a rubber dinghy, fleeing his native China for Taiwan in search of “freedom,” according to Taiwan’s Coast Guard Administration. The man, identified only by his surname, Zhou, left Shishi county in Quanzhou, a port city in Fujian province, at 10 a.m. on Friday, arriving more than 10 hours later at Taichung port on Taiwan’s western coast, Taiwan’s Coast Guard said on Monday. Officials said they were still investigating Zhou’s journey over the 100-mile stretch of sea between China and Taiwan, which is patrolled by hundreds of Chinese and Taiwanese coast guard ships and naval vessels. Coast Guard officials, relaying Zhou’s account of his journey, told reporters he had traveled in a rubber raft measuring 8.8 feet by 5 feet that he bought on the Chinese e-commerce site Taobao and fitted with an outboard motor. The incident has prompted concerns about the security of the contentious waterway at a time when military observers worry that long-standing tensions between the governments of China, Taiwan and the United States, which is committed to defending Taiwan, could boil over into military conflict.

Australia warns its citizens of jail and $50,000 fine if they return from India (Washington Post) Even in the pandemic era of closed borders, Australia’s latest travel restriction stands out: Anyone, including Australian citizens, who arrives in the country after visiting India in the previous 14 days can face up to five years in jail, a $50,000 fine or both. On Monday, Australian Prime Minister Scott Morrison defended the move. Australia had seen a sevenfold increase in the percentage of people traveling from India who tested positive for the coronavirus, the prime minister told Sydney’s 2GB radio station. The decision to threaten even Australian citizens with jail time if they return home from India during its record-breaking coronavirus surge is a significant escalation of border restrictions for Australia, an island nation that had already mandated strict controls at its borders throughout the pandemic.

DR Congo declares state of siege over eastern bloodshed (Reuters) Militants killed at least 19 people, including 10 soldiers, in raids on two villages in the east of Democratic Republic of Congo on Saturday, hours after President Felix Tshisekedi declared a state of siege in two provinces. A surge in attacks by armed militias and inter-communal violence in the east have killed more than 300 people since the start of the year as government troops and U.N. peacekeepers struggle to stabilize the situation. The most recent attacks took place early on Saturday when militants raided two villages in North Kivu’s regional hub of Beni, local authorities said. Tshisekedi had declared a state of siege in North Kivu and Ituri provinces on Friday.

#headlines #news

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iceflame14rulez · 4 years ago

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Here's an idea, and, it may sound crazy, so bear with me... why don't we have an electoral debate where ALL the candidates for presidency are able to participate? There were at least four people up for presidency, not two in the 2020 election. There are at least four parties, if not more, in the United States, not two. Trump and Biden were up for presidency, obviously, but there were more people on the ballot.

To those of you who don't know, the libertarian candadate, Jo Jorgensen, had this platform, which the media covered very little of.

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Healthcare and social security

Jorgensen supports a free-market healthcare system financed by individual spending accounts that could keep any savings, which she believes would increase healthcare providers' incentive to compete by meeting consumer demand for low-cost services. She opposes single-payer healthcare, calling it "disastrous".

Jorgensen supports replacing Social Security with individual retirement accounts.[25] In the final debate of the primaries, candidate Jacob Hornberger accused Jorgensen of "support[ing] the welfare state through Social Security and Medicare". In response, she called Social Security a "Ponzi scheme" and said she would allow people to opt out of the program on her first day in office. But she emphasized the constitutional inability of a president to unilaterally end the program without Congress's support, as well as the need for the government to fulfill existing Social Security obligations. Under Jorgensen's plan, those who opt out would put 6.2% of their payroll taxes in individual retirement accounts and receive prorated Social Security benefits for existing contributions as zero-coupon bonds for retirement.

Criminal justice and drug policy

Jorgensen opposes federal civil asset forfeiture and qualified immunity. She opposes the war on drugs and supports abolishing drug laws, promising to pardon all nonviolent drug offenders. She has urged the demilitarization of police.

Foreign policy and defense

Jorgensen opposes embargoes, economic sanctions, and foreign aid; she supports non-interventionism, armed neutrality, and the withdrawal of U.S. troops from abroad.

Immigration, economics, and trade

Jorgensen calls for deregulation, arguing that it would reduce poverty. She supports cutting government spending to reduce taxes.

Jorgensen supports the freedom of American citizens to travel and trade, calls for the elimination of trade barriers and tariffs, and supports the repeal of quotas on the number of people who can legally enter the United States to work, visit, or reside. In a Libertarian presidential primary debate, Jorgensen said she would immediately stop construction on President Donald Trump's border wall. During another primary debate she blamed anti-immigration sentiment on disproportionate media coverage of crimes by immigrants. She argued that immigration helps the economy and that the blending of cultures is benificial.

COVID-19

Jorgensen has characterized the U.S. government's response to the COVID-19 pandemic as overly bureaucratic and authoritarian, calling restrictions on individual behavior (such as stay-at-home orders) and corporate bailouts "the biggest assault on our liberties in our lifetime".

Jorgensen opposes government mask mandates, considering mask-wearing a matter of personal choice. She argues that mask-wearing would be widely adopted without government intervention because market competition would drive businesses to adopt either mask-required or mask-optional policies, allowing consumers the freedom to choose their preferred environment. Jorgensen has invoked the analogy of dollar voting to argue that consumer preferences would shape businesses' policies on face masks in the absence of a government mandate.

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The Green party's candadate, Howie Hawkins, was ALSO up for presidency. This was his platform.

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COVID-19 EMERGENCY MEASURES FOR THE DURATION OF THE CRISIS

Medicare to Pay for COVID-19 Testing and Treatment and All Emergency Health Care. Defense Production Act to Rapidly Plan the Production and Distribution of Medical Supplies and a Universal Test, Contact Trace, and Quarantine Program to Safely Reopen the Economy. An OSHA Temporary Standard to Provide Enforceable PPE Protection for Workers. $2,000 a Month to All Adults Over Age 16 and $500 per Child. Loans to All Businesses and Hospitals for Payroll and Fixed Overhead To Be Forgiven If All Workers Are Kept on Payroll. Moratorium on Evictions, Foreclosures, and Utility Shutoffs. Cancel Rent, Mortgage, and Utility Payments; Federal Government Pays Those Bills; High-income People Pay Taxes on this Relief. Suspend Student Loan Payments with 0% Interest Accumulation. Federal Universal Rent Control. Aid to State and Local Governments Sufficient to Keep Essential Services Running. A 10-Year, $42 Trillion Ecosocialist Green New Deal for Economic Recovery through a Just Transition to 100% Clean Energy by 2030. Universal Mail-in Ballots for the 2020 General Election.

PEACE POLICIES

Pledge No First Use of Nuclear Weapons. Unilaterally Disarm to a Minimum Credible Deterrent. Negotiate with Nuclear Powers to Enact the Treaty on the Prohibition of Nuclear Weapons. End the Endless Wars—US Troops Home. Cut the Military Budget by 75%. Invest the Savings in a Global Green New Deal. Use Diplomacy and International Law to Promote Peace, Human Rights, and Democracy.

ECONOMIC BILL OF RIGHTS

Job Guarantee. Guaranteed Minimum Income Above Poverty. $20 Minimum Wage. Affordable Housing for All through Universal Rent Control and Public Housing. Medicare for All—A Community-Controlled National Health Service. Lifelong Free Public Education—Pre-K through College. Secure Retirement—Double Social Security Benefits

POLITICAL DEMOCRACY

Ranked-Choice National Popular Vote for President. Proportional Representation in Congress. End Party Suppression—Fair Ballot Access. End Voter Suppression—Restore the Preclearance Provision to the Voting Rights Act. Right to Vote Constitutional Amendment. Automatic Voter Registration. Voting Rights for Felons. Auditable Paper Balloting. Full Public Campaign Finance. We The People Amendment to End the Corporate-Personhood and Money-Is-Speech Legal Doctrines. DC Statehood

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Had i known about this, about them, I would have proudly voted for Jorgensen or Hawkins, because, instead of being "the lesser of two evils", they actually sound like someone we genuinely need right now. We need to stand up for the people not getting their voices heard. I want a presidential election that has EVERYONE'S voice heard. To those of you who have been oppressed, beaten down, and learned to cope with being ignored just because someone didn't like what you had to say, you need to help the other candidates get their voices heard in the future. I don't know about you, but I want a United States that is concerned about the true freedom of speech, one which is fair and actually willing to hear what all our people have to say.

It's a dream that even Martin Luther King Jr. had. He saw the oppression of African Americans, and spoke out about having a dream that everyone could be heard.

When our country was founded, we were all immigrants. Everyone came from another place, even those we call Native Americans. Why is it that today, people are being rejected simply for needing to take refuge from a government abuser in some other country? We have lost sight of what our great nation is all about. We need to have our voices heard.

The next time there's a government position to replace, remember what I had to say. We are not sheep, who are to be headed toward the majority just because it's easy. We are human beings. We need to stop this suppression of the people's voices. We need to stand up to the government, to the media, to let everyone be heard.

Our nation is on the verge of a civil war, in part due to the oppression of the people. If you want to be heard, you need to stand up for what you believe in. Violence isn't necessary, but your right to free speech is. DO NOT LET THEM SUPPRESS YOUR VOICE.

EDIT: I would like to add, that in order for our POLITICAL voices to be heard, there is still something we need to change. If you would like to hear what is needed, there's a list of videos on the subject. If you really want to have your voices heard, we need to start here, with ranked voting. For more information, click this link.

#politics #human rights #free speech

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thevividgreenmoss · 6 years ago

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Obama occasionally denounced the ‘fat cats’ of Wall Street, but Wall Street contributed heavily to his campaign, and he entrusted his economic policy to it early in his tenure, bailing out banks and the insurance mega-company AIG with no quid pro quo. African-Americans had turned out in record numbers in 2008, demonstrating their love of an ostensible compatriot, but Obama ensured that he would be immune to the charge of loving blacks too much. Colour-blind to the suffering caused by mortgage foreclosures, he scolded African-Americans, using the neoliberal idiom of individual responsibility, for their moral failings as fathers, husbands and competitors in the global marketplace. Nor did he wish to be seen as soft on immigration; he deported millions of immigrants – Trump is struggling to reach Obama’s 2012 peak of 34,000 deportations a month. In his memoir, Dreams from My Father, he had eloquently sympathised with the marginalised and the powerless. In power, however, he seemed in thrall to Larry Summers and other members of the East Coast establishment, resembling not so much the permanently alienated outsider as the mixed-race child of imperialism, who, as Ashis Nandy diagnosed in The Intimate Enemy, replaces his early feeling for the weak with ‘an unending search for masculinity and status’. It isn’t surprising that this harbinger of hope and change anointed a foreign-policy hawk and Wall Street-friendly dynast as his heir apparent. His post-presidency moves – kite-surfing with Richard Branson on a private island, extravagantly remunerated speeches to Wall Street and bromance with George Clooney – have confirmed Obama as a case of mistaken identity. As David Remnick, his disappointed biographer, said recently, ‘I don’t think Obama was immune to lures of the new class of wealth. I think he’s very interested in Silicon Valley, stars and showbusiness, and sports, and the rest.’

Embodying neoliberal chic at its most seductive, Obama managed to restore the self-image of American elites in politics, business and the media that had been much battered during the last years of the Bush presidency. In the updated narrative of American exceptionalism, a black president was instructing the world in the ways of economic and social justice. Journalists in turn helped boost the fantastical promises and unexamined assumptions of universal improvement; some saw Coates himself as an icon of hope and change. A 2015 profile in New York magazine describes him at the Aspen Ideas Festival, along with Bill Kristol, Jeffrey Goldberg, assorted plutocrats and their private jets, during the ‘late Obama era’, when ‘progress was in the air’ and the ‘great question’ after the legalisation of gay marriage was: ‘would the half-century-long era of increasing prosperity and expanding human freedom prove to be an aberration or a new, permanent state?’ Coates is awkward among Aspen’s panjandrums. But he thinks it is too easy for him to say he’d be happier in Harlem. ‘Truthfully,’ he confesses, ‘I’m very happy to be here. It’s very nice.’ According to the profile-writer, ‘there is a radical chic crowd assembling around Coates’ – but then he is ‘a writer who radicalises the Establishment’.

For a self-aware and independent-minded writer like Coates, the danger is not so much seduction by power as a distortion of perspective caused by proximity to it. In his account of a party for African-American celebrities at the White House in the late Obama era, his usually majestic syntax withers into Vanity Fair puffs: ‘Women shivered in their cocktail dresses. Gentlemen chivalrously handed over their suit coats. Naomi Campbell strolled past the security pen in a sleeveless number.’ Since Clinton, the reflexive distrust of high office once shared by writers as different as Robert Lowell and Dwight Macdonald has slackened into defensiveness, even adoration, among the American literati. Coates proprietorially notes the ethnic, religious and racial variety of Obama’s staff. Everyone seems overwhelmed by a ‘feeling’, that ‘this particular black family, the Obamas, represented the best of black people, the ultimate credit to the race, incomparable in elegance and bearing.’ Not so incomparable if you remember Tina Brown’s description of another power couple, the Clintons, in the New Yorker in 1998: ‘Now see your president, tall and absurdly debonair, as he dances with a radiant blonde, his wife.’ ‘The man in a dinner jacket’, Brown wrote, possessed ‘more heat than any star in the room (or, for that matter, at the multiplex)’. After his visit, Joe Eszterhas, screenwriter of Showgirls and Basic Instinct, exulted over the Clinton White House’s diverse workforce: ‘full of young people, full of women, blacks, gays, Hispanics’. ‘Good Lord,’ he concluded in American Rhapsody, ‘we had taken the White House! America was ours.’

A political culture where progress in the air was measured by the president’s elegant bearing and penchant for diversity was ripe for demagoguery. The rising disaffection with a narcissistic and callous ruling class was signalled in different ways by the Tea Party, Occupy, Black Lives Matter and Bernie Sanders’s insurgent candidacy. The final blow to the Washington (and New York) consensus was delivered by Trump, who correctly read the growing resentment of elites – black or white, meritocratic or dynastic – who presumed to think the White House was theirs. Writing in Wiredmagazine a month before Trump’s election, Obama hailed the ‘quintessentially American compulsion to race for new frontiers and push the boundaries of what’s possible’. Over lunch at the White House, he assured Coates that Trump’s victory was impossible. Coates felt ‘the same’. He now says that ‘adherents and beneficiaries’ of white supremacy loathed and feared the black man in the White House – enough to make Trump ‘president, and thus put him in position to injure the world’. ‘Every white Trump voter is most certainly not a white supremacist,’ Coates writes in a bitter epilogue to We Were Eight Years in Power. ‘But every Trump voter felt it acceptable to hand the fate of the country over to one.’ This, again, is true in a banal way, but inadequate as an explanation: Trump also benefited from the disappointment of white voters who had voted, often twice, for Obama, and of black voters who failed to turn out for Hillary Clinton. Moreover, to blame a racist ‘whitelash’ for Trump is to exculpate the political, business and media luminaries Coates has lately found himself with, especially the journalists disgraced, if not dislodged, by their collaboration in a calamitous racist-imperialist venture to make America great again.

As early as 1935, W.E.B. Du Bois identified fear and loathing of minorities as a ‘public and psychological wage’ for many whites in American society. More brazenly than his predecessors, Trump linked the misfortunes of the ‘white working class’ to Chinese cheats, Mexican rapists and treacherous blacks. But racism, Du Bois knew, was not just an ugly or deep-rooted prejudice periodically mobilised by opportunistic politicians and defused by social liberalism: it was a widely legitimated way of ordering social and economic life, with skin colour only one way of creating degrading hierarchies. Convinced that the presumption of inequality and discrimination underpinned the making of the modern world, Du Bois placed his American experience of racial subjection in a broad international context. Remarkably, all the major black writers and activists of the Atlantic West, from C.L.R. James to Stuart Hall, followed him in this move from the local to the global. Transcending the parochial idioms of their national cultures, they analysed the way in which the processes of capital accumulation and racial domination had become inseparable early in the history of the modern world; the way race emerged as an ideologically flexible category for defining the dangerously lawless civilisational other – black Africans yesterday, Muslims and Hispanics today. The realisation that economic conditions and religion were as much markers of difference as skin colour made Nina Simone, Mohammed Ali and Malcolm X, among others, connect their own aspirations to decolonisation movements in India, Liberia, Ghana, Vietnam, South Africa and Palestine. Martin Luther King absorbed from Gandhi not only the tactic of non-violent protest but also a comprehensive critique of modern imperialism. ‘The Black revolution,’ he argued, much to the dismay of his white liberal supporters, ‘is much more than a struggle for the rights of Negroes.’

Compared to these internationalist thinkers, partisans of the second black president, who happen to be the most influential writers and journalists in the US, have provincialised their aspiration for a just society. They have neatly separated it from opposition to an imperial dispensation that incarcerates and deports millions of people each year – disproportionately people of colour – and routinely exercises its right to assault and despoil other countries and murder and torture their citizens. Perceptive about the structural violence of the new Jim Crow, Coates has little to say about its manifestation in the new world order. For all his searing corroboration of racial stigma in America, he has yet to make a connection as vital and powerful as the one that MLK detected in his disillusioned last days between the American devastation of Vietnam and ‘the evils that are rooted deeply in the whole structure of our society’. He has so far considered only one of what King identified as ‘the giant American triplets of racism, extreme materialism and militarism’ – the ‘inter-related flaws’ that turned American society into a ‘burning house’ for the blacks trying to integrate into it. And in Coates’s worldview even race, despite his formidable authority of personal witness, rarely transcends a rancorously polarised American politics of racial division, in which the world’s most powerful man appears to have been hounded for eight years by unreconstructed American racists. ‘My President Was Black’, a 17,000-word profile in the Atlantic, is remarkable for its missing interrogations of the black president for his killings by drones, despoilation of Libya, Yemen and Somalia, mass deportations, and cravenness before the titans of finance who ruined millions of black as well as white lives. Coates has been accused of mystifying race and of ‘essentialising’ whiteness. Nowhere, however, does his view of racial identity seem as static as in his critical tenderness for a black member of the 1 per cent.

#this review still slaps #essays #*

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thefernandezfirm1 · 6 years ago

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One purpose why our legal professionals frequently provide such high-quality protection is because of our thorough comprehension of forensic science. When you make use of a Boston criminal lawyer, you will discover that they want cash up entrance to begin. Before you search an attorney, discover out what attributes are very important for you. The most effective Boston legal lawyer will help you in plea bargaining. A Boston felony legal professional will allow you to efficiently defend the case and very often you needn't present up in the court.

Should you will want a lawyer, evaluating legal legal professionals to DWI attorneys can have the flexibility that will help you decide on what authorized assistance you could require. Second offences a lawyer might prevent you from going to prison too. Within the vast majority of situations, you'll want to be able to retain a protection lawyer forward of the arraignment to be certain that every one very important paperwork is obtained from the government and your rights are guarded against the beginning of your criminal case. Your very first step must be to get in touch with a talented criminal defense lawyer who will safe your rights and your freedom, enabling you to find one of the best final result possible. It is important to be represented by means of a knowledgeable Boston criminal defense attorney should you were arrested for home violence.

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seeguided · 4 years ago

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New York Attorney General Says He'll Overstep His Limit on Files Under His Office

As New York Attorney General Eric Schneiderman continues his war on medical malpractice, whistle blowing, and other suits directed at protecting customers, the state of New York is quickly becoming a national leader in consumer protection. According to the New York Times,"The State Attorney General's Office has brought more cases against businesses than any other state in the country, and it seems to be success" Actually, Schneiderman's office handled the greatest number of mergers and acquisitions from the state of New York during the last calendar year. Additionally, the office is responsible for drafting the legislation pertaining to bond bonds and producing the customer mergers department. New York Attorney General Eric Schneiderman can be widely considered a leading voice on the issue of broadband privacy, pursuing investigations into the way wireless companies gather customer information, and otherwise speaking out in defense of their customer.

Eric Schneiderman is a former state assemblyman from Manhattan who rose to become New York's Attorney General with a strong legal livelihood. While serving as New York's AG, he gained a reputation as one of the state's top legal minds. Therefore, many political heavyweights, including Al Gore, John Edwards, Governor George Allen, Senator Hillary Clinton, and Mayor Bloomberg, have switched into Schneiderman for legal aid on both specific and broad issues Neal Kwatra. New York Attorney General Eric Schneiderman has also received high marks for his handling of the financial crisis that befell the state of New York and the state as a whole. This has earned him the admiration and respect of many.

It's no secret that New York is a state with a bad economy. To remedy the situation, New York Attorney General Schneiderman has chased mergers and acquisitions, that are keeping the nation's economy afloat. The New York Attorney General has also spoken out against lenders, also in defense of homeowners, who've faced foreclosure despite being given every opportunity to qualify for financing modification by their lenders. Therefore, New York Attorney General Eric Schneiderman has become a nationwide leader in customer protection.

Since taking over the reins as New York's AG, Schneiderman has demonstrated a keen interest in ensuring that the New York State Department of Financial Services"put its money where its mouth is." For this end, the nation's AG has repeatedly sued banks for fixing mortgage errors, or for not properly reporting these errors to the Department of Financial Services. This can be in addition to pursuing cases against lenders, including one case that led to a national audit of the New York Stock Exchange. In each these cases, Schneiderman has been strong in defending the interests of their state's taxpayers and has vigorously sought justice. This is a stark contrast to the attitude taken by many attorneys general around the nation.

At a recent meeting of attorneys general from throughout the nation, Attorney General Eric Holder refused to take any questions regarding the problems with the banking industry, also recited a litany of data regarding how many individuals had lost their houses and how many were expected to shed their houses as a consequence of the subprime fiasco. Worse than this, Holder declared a study saying that fifty million Americans confronted a mortgage crisis and stated that the attorneys general of thirty-eight nations are"working as hard as we can to help prevent foreclosures on homes in every nation." If this is accurate, it seems that Attorney General Eric Holder doesn't fully understand the huge differences between state law and federal law. As a result, the Department of Justice is regularly found guilty of utilizing in excess of its power to go after politically motivated special interest groups. While Holder might not be too worried about the outrageousness of his actions, the American people should be concerned, since the general nature of the justice system makes it possible for members of Congress to use their bully pulpit to assault whistle-blowers and restrict the rights of law-abiding taxpayers to be represented by their own attorneys.

Hopefully, our new AG will resist this temptation to become the most current New York Attorney General who tries to use the bully pulpit to assault inconvenient whistle-blowers. If he does, however, we'll shortly find ourselves in a different serious fight between the state Attorneys General and the federal government over the significance of the national Constitution and the freedoms guaranteed in that record. Please consider all this.

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mfi-miami · 2 years ago

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Illinois Foreclosure Warning: Freedom Mortgage Wants Your Home!

Illinois Foreclosure Warning: Freedom Mortgage Is Sparking Up Illinois Foreclosures! Are You Prepared? Illinois Foreclosure Warning – Freedom Mortgage is ramping up Illinois foreclosures. This is bad news for Illinois homeowners because Freedom Mortgage is hellbent on seizing your home! Therefore, MFI-Miami has teamed up with the WeissOrtiz Law Firm to create an Illinois foreclosure defense…

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edwinechilders · 4 years ago

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Nationwide Debt Attorneys selects Timeshare debt niche as its assistance program for January 2021

Starting January 2021, Nationwide Debt Attorneys will offer assistance to those clients suffering from Timeshare debt. The company which specializes in resolving debt issues for consumers and businesses offers different debt portfolio management including unsecured debt, Timeshare debt, international Timeshare, Timeshare with mortgage, Canadian Timeshare owners, medical debt, credit card debt, and foreclosure defense.

According to Mr. C.Y.Hainey, the Managing Attorney at Nationwide Debt Attorneys, every year we look to resolve debt which will bring a meaningful life change to our clients. Each year we look at the financial landscape to see where we can have the largest impact. For the year 2021, the law firm has selected the Timeshare debt niche.

“We are happy to announce those clients which need relief with their timeshare ownership will be our target niche, said Mr.Hainey, while revealing that their initial survey finds many clients over the age of 65 who are needlessly burdened with timeshare debt.

“Often time’s clients are unable to use their timeshare for a variety of reasons. As with any debt burden, it is our job to properly consult with the client, understand their profile, and design a course of action which will provide the relief the client seeks”, added Mr.Hainey.

Nationwide Debt Attorneys, which is a licensed debt relief law firm, will provide honest answers to those clients suffering from timeshare debt. They will accept all timeshare programs into their program. They will work with timeshares that have a mortgage or are paid in full. The debt relief law firm will work with all international timeshare resorts, as well as Canadian-based clients who have a timeshare in the United States.

“We do not pass judgment concerning the client’s timeshare complaints; we simply devise a strategy as we would with any type of debt“, said the Managing Attorney, while adding that the determining factor in getting involved in this debt niche is simply the vast number of clients which are defaulting on their timeshares.

In their initial survey, Nationwide Debt Attorneys observed that the reasons cited by many surveyed consumers regarding timeshare debts include increased maintenance fees, special assessments, or the inability to use the very product they are paying for. “Others cited health or financial issues. It’s our job to determine if there is a resolution which will best serve the client, and we are certain we can do just that”, said the Managing Attorney. When we evaluate any debt, our primary concern is the client’s financial exposure. We build a strategy to best get the client from the position of being burdened with debt to being financial free.

“Bad things happen to good people and that is why we are focusing on timeshare debt burden, so that good people do not suffer from having a debt crisis, especially at a time when the global economy is experiencing the pandemic. We believe that it is all about developing a debt exit strategy, we always say; for each problem there is a solution. We will assist in breaking the bonds of servitude”, said the Managing Attorney, giving hope to people who may be experiencing a debt crisis.

“Don't be a slave to your debt; financial freedom is freedom from debt,” said Mr.Hainey, calling on those with timeshare debt to take advantage of the program to resolve their debt issues.

About Nationwide Debt Attorneys

Nationwide Debt Attorneys specializes in resolving debt issues. The company offers pre-litigation services, settlement, and total resolution outside of bankruptcy and structured settlement. With many years of experience, the law firm helps clients understand how to resolve their debt issues. Their specialty is debt, including Unsecured Debt, Timeshare Debt, International Timeshare, Timeshare with Mortgage, Canadian Timeshare Owners, Medical Debt, Credit Card Debt, and Foreclosure Defense. The company has a great team of professionals of experienced debt relief attorneys dedicated to assisting clients manage their debts.

Media contact info

Alan Gaines

Executive Director

800-314-6950 x888

http://www.nationwidedebtattorneys.com/

[email protected]

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michaeljames1221 · 4 years ago

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Foreclosure Lawyer Provo Utah

Provo is the third-largest city in Utah, United States. It is 43 miles (69 km) south of Salt Lake City along the Wasatch Front. Provo is the largest city and county seat of Utah County. It is home to Brigham Young University, and Sundance Resort is located just northeast of the city. While Father Silvestre Vélez de Escalante, a Spanish Franciscan missionary-explorer, is considered the first European visitor to the area that would become Provo, the first permanent settlement was established in 1849 as Fort Utah. The name was changed to “Provo” in 1850, in honor of Étienne Provost, an early French-Canadian trapper. Provo’s climate lies in the transition zone between a humid subtropical climate and humid continental climate, with high temperatures averaging between about 94 °F or 34.4 °C in the summer and 40 °F or 4.4 °C in the winter. Average annual precipitation (rain and snow) is just less than 20 inches (51 cm). The population of Provo has grown from 2030 in 1860 to an estimated 116,702 in 2018. The 2010 census showed slightly more females than males, with over 55% of the population living as couples, and almost 35% of households having children under the age of 18. The population is over 90% Christian, with almost 89% being Latter Day Saints.

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The economy in Provo is powered by many different businesses and organizations, including over 100 restaurants, two shopping malls, multiple universities and colleges, a number of small companies, and several large international businesses. Utah Valley Hospital is a Level II Trauma Center, and has several campuses of medical professionals surrounding it. America’s Freedom Festival at Provo, held every May through July, is one of the largest Independence Day celebrations in the United States. Several cultural points of interest in the city include the Covey Center for the Arts, the LDS Missionary Training Center, and the Provo City Library at Academy Square. Provo contains two LDS temples: Provo Utah Temple and Provo City Center Temple, the latter being restored from the ruins of the Provo Tabernacle. The Utah Valley Convention Center is also located in downtown Provo. There are several museums located on the campus of Brigham Young University. Natural features include Bridal Veil Falls, Provo River, Utah Lake and Uinta-Wasatch-Cache National Forest. Timpanogos Cave National Monument is located several miles north of Provo. A number of national historic landmarks are located within Provo, including the Reed O. Smoot House. Provo is served by Utah Transit Authority, operator of the FrontRunner commuter rail and a bus service connected to the rest of the Wasatch Front. Amtrak stops at Provo station, providing daily access to its California Zephyr service. Interstate 15, U.S. 89 and U.S. 189 provide major road service to Provo. Air transportation is available at Utah’s second busiest airport, Provo Municipal Airport.

How Can a Lawyer Stop a Foreclosure

The idea of losing your home to foreclosure is terrifying. A lawyer’s expertise can provide you peace of mind throughout the stressful process — but coming up with the funds for a lawyer when you are struggling to keep your home is often a challenge. You may wonder if it is really worth the cost. In some cases, a lawyer may be able to stop foreclosure, or at least buy you more time. Even if you can’t keep the home, a lawyer might be able to help you escape the liability associated with foreclosure. Reviewing Your Loan Documents

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A lawyer can review your loan and address any unfair or predatory lending practices. For instance, a lender may improperly file a foreclosure or make errors in the loan documents at closing. According to the federal Truth in Lending Act, even a slight mistake in calculating your annual percentage rate could result in a violation of the act, giving you the right to rescind the loan. Rescinding basically allows you to cancel the loan. Advocating on Your Behalf A real estate lawyer is an expert on state foreclosure laws. The lawyer can explain your rights, the process, and any available prevention methods. Your lawyer can also negotiate directly with the bank on your behalf to reach a solution outside of court. Possible options include a loan modification, short sale, or deed in lieu of foreclosure. Having a lawyer fighting on your side improves your chances of having effective communication with the bank. You’re less likely to get lost in the shuffle or thrown on the back burner. Filing a Legal Response If you are in a state that requires judicial foreclosures, the lender must file a lawsuit against you to foreclose. Once you are served with papers, you have a certain number of days to respond. The legal terminology is often overwhelming. A lawyer can explain the paperwork and file your answer to the complaint with an appropriate defense. The lawyer may even file a counter claim, counter-suing the lender for violations of the law. Filing Bankruptcy Bankruptcy can temporarily stop a foreclosure. It is always best to consult a lawyer if you are considering bankruptcy. Chapter 7 bankruptcy is the form of bankruptcy used to wipe the slate clean. Filing automatically stops the foreclosure clock. You can’t keep the home permanently, but your liability is released. In Chapter 13 bankruptcy, debt is restructured to make your payments more affordable. If you can afford to resume making your normal mortgage payment, the arrears may be reduced. Debt must be paid to the trustee through a monthly repayment plan. Bankruptcy is complicated and certain eligibility requirements must be met. The attorney can guide you through the process and paperwork. If you are considering bankruptcy, it can be used as a defense in your foreclosure response. Last Minute Strategies to Stop Foreclosure If you’re facing foreclosure, you might be able to stop the process by filing for bankruptcy, applying for a loan modification, or filing a lawsuit. If you’ve fallen behind on your mortgage payments and a foreclosure sale is looming in the very near future, you might still be able to save your home. You can potentially file bankruptcy, apply for a loan modification or other workout option, or file suit against the foreclosing party (the “bank”) to possibly stop the foreclosure entirely, or at least delay the process. File for Bankruptcy to Stop the Foreclosure If the foreclosure sale is scheduled to occur in the next few days, you can halt the sale immediately by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an “automatic stay” immediately goes into effect. The stay functions as an injunction prohibiting the bank from foreclosing on your home or otherwise trying to collect its debt. This means that any foreclosure activity must be halted during the bankruptcy process. The bank may file a motion for relief from the stay. The bank might attempt to have the stay lifted by filing a motion seeking permission from the court to continue with the foreclosure. Even if the bankruptcy court grants this motion and allows the foreclosure to proceed, the foreclosure will be delayed at least a month or two. This should provide you with time to explore alternatives to foreclosure with your bank.

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Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

If you want to keep your home, a Chapter 13 bankruptcy might help you accomplish this goal. But if you’re simply trying to buy some time by stalling the foreclosure, a Chapter 7 bankruptcy might be right for you. Benefits of a Chapter 13 bankruptcy A Chapter 13 bankruptcy can help you keep your home by restructuring your debts. You will repay debts—some in part and some in full—over a period of three to five years as part of a repayment plan. You might be able to avoid foreclosure and remain in your home with this type of bankruptcy because you can repay any delinquent mortgage payments through the plan. Also, you will likely pay a fraction (or sometimes, none) of your unsecured debts during the plan period and possibly eliminate certain other debts—like underwater second and third mortgages because they’re considered unsecured loans—entirely when you complete your plan, freeing up money for your first mortgage. Even if you can’t complete the plan, filing for Chapter 13 bankruptcy will give you at least several months before a foreclosure can be completed.

Benefits of a Chapter 7 bankruptcy

If you’re already in foreclosure, filing Chapter 7 bankruptcy isn’t usually a good way to save your home, but it will delay the foreclosure proceedings and provide you with time to live in the home without making payments. You can put this money towards saving up for a rental. You can also use this time to try to work with the bank to come up with a way to avoid foreclosure. And, even if you still go through a foreclosure, the Chapter 7 bankruptcy will eliminate your personal liability for the mortgage debt, which means you won’t be liable for any deficiency remaining after the foreclosure.

Apply for a Loan Modification

While you don’t want to wait until the last minute with this option, you might be able delay a foreclosure by applying for a loan modification, or another foreclosure avoidance option, because the bank could be restricted from dual tracking. Dual tracking is when the bank proceeds with the foreclosure while a loss mitigation application is pending. Ultimately, if your modification application is approved, the foreclosure will be permanently stopped so long as you keep up with the modified payments. Federal Rules Restrict Dual Tracking Under federal law, if a complete loss mitigation application is received more than 37 days before a foreclosure sale, the servicer may not move for a foreclosure judgment or order of sale, or conduct a foreclosure sale, until: • the servicer informs the borrower that the borrower is not eligible for any loss mitigation option (and any appeal has been exhausted) • the borrower rejects all loss mitigation offers, or • the borrower fails to comply with the terms of a loss mitigation option such as a trial modification. Be aware that the servicer generally doesn’t have to review more than one loss mitigation application from you. But if you bring the loan current after submitting an application, the servicer must consider it.

File a Lawsuit to Stop the Foreclosure

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If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor. Important Questions To Ask A Foreclosure Defense Lawyer To determine which foreclosure defense attorney is a good fit for your case, you will need to ask them several questions. The most important of these, and the answers you should be looking for, are listed below. How Many Foreclosure Cases Have You Litigated in Court? Utah is a judicial foreclosure state, meaning that in order to foreclose, a lender must file a lawsuit against the borrower and take them to court. It is important to ask if a foreclosure defense lawyer has been in court and litigated against the big mortgage companies. Filing a bankruptcy case is not the same thing as litigating in court, and you want to make sure that your attorney has the experience necessary to give you the best chance possible in the event that you have to defend your case in court. Is Litigation the Best Defense for Foreclosure? Although you want to make sure that your lawyer has experience litigating foreclosure cases in court, it is just as important to understand that this may not be the best route for you. If you are a victim of fraud or illegitimate fees and charges, you probably will have to go through litigation. On the other hand, if there is a better option for you, such as filing for bankruptcy, you want to work with a lawyer who will advise you of this option.

How Often Do You Attend Classes and Seminars Regarding Foreclosures? The law surrounding car accidents has not changed in decades; however, the laws surrounding foreclosures changes all the time. Foreclosure cases that were handled five years ago must be handled much differently now. You want to ensure that you are working with an attorney who keeps up with these changing laws, as they are very relevant to your case. If you work with a lawyer who is not familiar with these laws, it will pose serious problems for your defense and you could end up losing your home.

Are You Licensed to Practice?

You may think that if you are speaking to a foreclosure defense lawyer, they are surely licensed to practice in the state. This is a mistake. Some lawyers have viewed the foreclosure crisis as an opportunity to bring in more business, even though they cannot legally practice law in the state. These lawyers may be able to negotiate with lenders for you but, if your case ends up in court, which many do, you could find yourself in a great deal of trouble. You will have to find a new lawyer and by that point, you may be running out of time in your case. At Ascent Law, we only have Utah licensed attorneys working as lawyers on your case.

What Approach Do You Use When Defending a Foreclosure Case?

There is more than one approach that can be used when defending a foreclosure. You can fight to stay in your home and obtain a loan modification, you can file for bankruptcy, or you can present your lender with the idea of a short sale. These are just a few options you have if a lender starts foreclosure proceedings against you. A lawyer may suggest all of these, or they may only suggest one. You want to ensure that a lawyer will present you with many different options, even if they make a recommendation for one in particular. If you end up working with an attorney who treats all foreclosures the same, that approach may not be the right one for your case and you could find yourself in a bigger mess than when you began, such as if you filed for bankruptcy when you did not have to.

How Often Will You Update Me About My Case?

It is a huge relief to hand your case over to an experienced attorney and know that they will take care of all the details associated with it. However, any attorney should still keep you up to date on the status of your case and any changes with it as soon as they occur. One of the most common complaints against lawyers is that they take a case and then the client rarely hears from them. When they do get an update on their case or have a question, they only communicate is with a paralegal or an associate. While lawyers need these professionals to help them with cases, you should still mainly be working and communicating with the attorney you spoke with during your free consultation. If you are not, your case may not be getting the attention it deserves.

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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advertphoto · 4 years ago

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Foreclosure Lawyer Provo Utah

youtube

How Can a Lawyer Stop a Foreclosure

youtube

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

Benefits of a Chapter 7 bankruptcy

Apply for a Loan Modification

File a Lawsuit to Stop the Foreclosure

youtube

Are You Licensed to Practice?

What Approach Do You Use When Defending a Foreclosure Case?

How Often Will You Update Me About My Case?

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Private Party Transfers And Gun Show Purchases

The post Foreclosure Lawyer Provo Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-provo-utah/

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mayarosa47 · 4 years ago

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Foreclosure Lawyer Provo Utah

How Can a Lawyer Stop a Foreclosure

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

Benefits of a Chapter 7 bankruptcy

Apply for a Loan Modification

File a Lawsuit to Stop the Foreclosure

If your bank is using a non-judicial process to foreclose—where the foreclosure is completed outside of the court system—then you might be able to delay or stop the foreclosure by filing a lawsuit against the bank to challenge the foreclosure. This tactic normally won’t work if the foreclosure is judicial because by the time of a foreclosure sale, you’ve already had your opportunity to be heard in court. To prevail in your lawsuit against your bank, you’ll need to prove to the satisfaction of the court that the foreclosure should not take place because, for example, the foreclosing bank: • can’t prove it owns the promissory note • didn’t act in compliance with state mediation requirements • violated the state’s Homeowner Bill of Rights • didn’t follow all of the required steps in the foreclosure process (as determined by state law), or • made some other grievous error. The downside to suing your bank is that if you’re unable to prove your case, this will only delay the foreclosure process. Lawsuits can be expensive and, if you have no reasonable basis for your claims, you could get stuck paying the bank’s court costs and attorneys’ fees. If you’re facing an imminent foreclosure sale and considering any of the options discussed in this article, it is strongly recommended that you consult with a local foreclosure attorney or bankruptcy attorney immediately. To get information about different loss mitigation options, you should also consider talking to a HUD-approved housing counselor. Important Questions To Ask A Foreclosure Defense Lawyer To determine which foreclosure defense attorney is a good fit for your case, you will need to ask them several questions. The most important of these, and the answers you should be looking for, are listed below. How Many Foreclosure Cases Have You Litigated in Court? Utah is a judicial foreclosure state, meaning that in order to foreclose, a lender must file a lawsuit against the borrower and take them to court. It is important to ask if a foreclosure defense lawyer has been in court and litigated against the big mortgage companies. Filing a bankruptcy case is not the same thing as litigating in court, and you want to make sure that your attorney has the experience necessary to give you the best chance possible in the event that you have to defend your case in court. Is Litigation the Best Defense for Foreclosure? Although you want to make sure that your lawyer has experience litigating foreclosure cases in court, it is just as important to understand that this may not be the best route for you. If you are a victim of fraud or illegitimate fees and charges, you probably will have to go through litigation. On the other hand, if there is a better option for you, such as filing for bankruptcy, you want to work with a lawyer who will advise you of this option.

Are You Licensed to Practice?

What Approach Do You Use When Defending a Foreclosure Case?

How Often Will You Update Me About My Case?

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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aretia · 4 years ago

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Foreclosure Lawyer Provo Utah

youtube

How Can a Lawyer Stop a Foreclosure

youtube

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

Benefits of a Chapter 7 bankruptcy

Apply for a Loan Modification

File a Lawsuit to Stop the Foreclosure

youtube

Are You Licensed to Practice?

What Approach Do You Use When Defending a Foreclosure Case?

How Often Will You Update Me About My Case?

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Personal Bankruptcy

Hotel Ownership Lawyer

Aircraft Law

Pooled Trusts

Bidding On Contracts

Private Party Transfers And Gun Show Purchases

The post Foreclosure Lawyer Provo Utah first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/foreclosure-lawyer-provo-utah/

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melissawalker01 · 4 years ago

Text

Foreclosure Lawyer Provo Utah

youtube

How Can a Lawyer Stop a Foreclosure

youtube

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

Benefits of a Chapter 7 bankruptcy

Apply for a Loan Modification

File a Lawsuit to Stop the Foreclosure

youtube

Are You Licensed to Practice?

What Approach Do You Use When Defending a Foreclosure Case?

How Often Will You Update Me About My Case?

Provo Utah Foreclosure Attorney

When you need a foreclosure lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Personal Bankruptcy

Hotel Ownership Lawyer

Aircraft Law

Pooled Trusts

Bidding On Contracts

Private Party Transfers And Gun Show Purchases

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debtlawyer · 6 years ago

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Caselaw Update: Determining the Statute of Limitations in Mortgage Foreclosure Cases

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Caselaw Update: Determining the Statute of Limitations in Mortgage Foreclosure Cases

Pursuant to New York’s Civil Practice Law and Rule § 213 (4), a foreclosure lawsuit in New York is governed by six-year statute of limitations. However, determining the starting point for how to compute the statute of limitations can be challenging. Typically, the promissory note underlying a mortgage is payable in installments, and each installment payment has its own statute of limitations that starts to run from the time each individual payment is due. See Nationstar Mortgage LLC v. Weisblum, 143 AD3d 866 (NY App Div 2d 2016). As a result, if a note holder delays in bringing a foreclosure lawsuit, a certain part of the mortgage note may be uncollectable. It is only once the mortgage is accelerated, meaning the entire balance of the mortgage note becomes due, that the statute of limitations begins to runs for the entire mortgage. See EMC Mortgage Corporation v. Patella, 279 AD2d 604 (NY App Div 2d 2001). The right to accelerate a mortgage note, is often an optional right given to the holder of the note, and can be initiated by two different methods. First, an acceleration notice may be sent stating − unambiguously − that the entire mortgage note is due or second, the holder of the mortgage note can file a foreclosure lawsuit. See Federal National Mortgage Association v. Melbane, 208 AD2d 892 (NY App Div 2d 1994)

The holder of the mortgage note has six years from the date of acceleration to start a lawsuit to foreclose on the subject property before it can be dismissed for being past the statute of limitations. See CPLR § 213 (4). The vast majority of mortgage holders will not wait a full six years before filing suit. However, every so often, a plaintiff discovers that there are issues in their case that prevent them from easily obtaining a final judgment of foreclosure and sale to auction a property only after the they file their foreclosure lawsuit. In this scenario, they may abandon their case or seek to amend their complaint. If they seek to abandon the case, the plaintiff would make a motion withdrawing their case. Alternatively, if the plaintiff fails to act, the case may be dismissed without prejudice by the Court. Mortgage note holders in this situation, may miscalculate the filing of a second (or third) foreclosure lawsuit and in doing so empower the borrower to dismiss the complaint and potentially discharge the mortgage. Creative mortgage note holders have attempted to argued that they are within the statutory period for bringing the lawsuit because they have “decelerated” the loan. In other words, those foreclosure plaintiffs say that the statute of limitations should be tolled because the loan was no longer accelerated and the full amount was no longer being demanded.

If a mortgage holder claims that they have decelerated a loan, a court must do a factual analysis to determine if they meet the requirements set forth in previous case law. First, deceleration requires “an affirmative act by the lender to revoke its election to accelerate.” Melbane. Next, when there is a deceleration notice sent Court must then look to see that it contains the same unambiguous intent required in acceleration notices. See Milone v. US Bank National Association, 2018 NY Slip Op 05760 (NY App Div 2d 2018). Furthermore, the court must look at whether the notice was pretextual and done simply to avoid a looming statute of limitations. See Ibid. When there is no deceleration notice, some lenders have argued that by stipulating to withdraw their foreclosure lawsuits, they have decelerated the loan. See NMNT Realty Corp v. Knoxville 2012 Trust, 151 AD3d (NY App Div 2d 2017).

Recently, the Second Department of the Appellate Division of the Supreme Court of New York has added an additional prerequisite condition to the “affirmative act” requirement where a mortgage note holder argues that the loan at issue has been decelerated. The Appellate Division held in Freedom Mortgage Corporation v. Engel, 163 AD3d 631 (App Div 2d 2018), that a stipulation does not “constitute an affirmative act to revoke [acceleration],” if it is silent on deceleration or does not indicate that the lender would start to accept installment payments again. With this holding the Court has made it harder for mortgage note holders to challenge a statute of limitations defense in New York. If a plaintiff in a foreclosure action is going to argue that their acceleration of the loan was revoked, they will have to meet very specific preconditions to meet the “affirmative act” requirement of Federal National Mortgage Association v. Melbane.

This case is a significant victory for New York homeowners in foreclosure with potential statute of limitations defenses. When evaluating whether a statute of limitations defense applies in a foreclosure matter, it is important to speak with an experienced foreclosure attorney who is familiar with the intricacies of this area of the law. If you have any questions regarding a foreclosure action, please feel free to contact the Law Offices of David I Pankin, PC at 888-529-9600 or by using our easy online contact form.

More Information:

http://www.courts.state.ny.us/courts/ad2/Handdowns/2018/Decisions/D55993.pdf

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