#bankruptcy lawyer in salem or
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nwdrlf ¡ 1 year ago
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When Does My Chapter 7 Bankruptcy Case End In Oregon?
It’s not uncommon to be unsure when your bankruptcy will end. Many people think it’s over after the meeting with creditors, which everyone who files for Chapter 7 or Chapter 13 must attend. Some people think it’s over when they get the discharge, which is the court order that wipes out their debts if they qualify. To know exactly when it ends, get in touch with us.
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tacomabankruptcyattorney ¡ 2 years ago
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If you are receiving these calls after requesting that you be placed on a do-not-call list, it’s time to contact an attorney. Collection agencies and creditors are absolutely responsible for the actions of their company. Call our Salem bankruptcy attorneys at 971-233-4543 for more information.
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Michael Shurtleff Attorney
Michael Shurtleff is one of the top bankruptcy and also foreclosure defense lawyer in Oregon and also has been submersed in the foreclosure scene in Oregon since 2009. He practices insolvency as well as foreclosure protection exclusively and has actually stood for customers in many personal bankruptcies and over 175 judicial foreclosure situations. When he is not conserving residences and also quiting garnishments, Michael delights in playing bluegrass guitar, horticulture and raising bunnies and chickens. Michael gained his level at Willamette College University of Legislation and gladly offers homeowners and businesses in and around Salem Oregon.
Michael Shurtleff Social Page: linkedin youtube pinterest
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viagrawithoutadoctor ¡ 5 years ago
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Johns Manville Chapter Belief & Asbestos Publicity
Johns Manville Chapter Belief & Asbestos Publicity
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The Johns Manville Chapter belief is likely one of the oldest in Mesothelioma litigation historical past. Johns Manville is an organization that produces insulation, roofing supplies, and engineered merchandise primarily based in Denver, Colorado. Like many of the early development business, Johns Manville utilized asbestos is a lot of their manufactured merchandise. Though asbestos utilization from this firm has halted, its detrimental results have harmed many previous employers leading to many lawsuits. The corporate filed for chapter and arrange a belief fund for asbestos so as to deal with all pending and future claims for asbestos.
Get Speedy Assist with the Johns Manville Chapter Belief
When you or a beloved one was uncovered to asbestos by a Johns Manville product and was recognized with mesothelioma, we can assist. A mesothelioma lawyer at GPWLaw MI can assist you with mesothelioma claims no matter occupation. Mesothelioma compensation may be troublesome to acquire by yourself, particularly with a big chapter belief such because the Johns Manville Belief. These in search of the Owens Corning asbestos belief ought to see our web page right here https://www.gpwlaw-mi.com/owens-corning-asbestos-trust-exposure/
Historical past of Johns Manville
Based mostly in Denver Colorado, the Johns Manville Company (JM) is a prime producer of roofing supplies, insulation for tools and buildings, in addition to a big number of engineered merchandise. JM operates greater than 45 industrial places worldwide and ships its merchandise to companies in additional than 84 nations.
JM acquired its begin in 1858 when Henry Ward Johns created and patented the primary up to date roofing shingles and a few insulation merchandise. He went on to ascertain H.W. Johns Manufacturing. In 1901 he merged with the Manville Masking Firm thus forming H.W. Johns-Manville (JM). In 1926, it was renamed the Johns Manville Company.
Following the 1926 merge, asbestos use grew to become quite common. The mineral was simply acquired and cheap. It was an amazing insulator, hearth and warmth resistant, versatile and light-weight. JM targeted extensively on the mining, manufacturing and the distribution of asbestos merchandise and fibers for use by industries and the federal government.
Throughout World Struggle II, JM started producing quite a lot of asbestos merchandise utilized by america authorities. In 1945, JM obtained a contract to provide asbestos insulation for virtually each ship belonging to america Navy. Within the shipyards alone, tens of 1000’s of employees put in 1000’s of tons of asbestos. Many of those laborers would grow to be unwell and file lawsuits a few years later.
Following the warfare, JW went on to grow to be a frontrunner within the manufacturing of asbestos PVC, fiberglass insulation, and cement pipes in addition to a variety of different asbestos-containing merchandise used for development.
Up till the early 1980’s JM, for many years, was the foremost company to mine, course of and put together, manufacture, and provide asbestos and asbestos merchandise.
Merchandise Contained with Asbestos from Johns Manville
Merchandise that contained asbestos manufactured by Johns Manville had been distributed worldwide. As beforehand talked about, asbestos was extensively used within the development business previous to the information of its threat to human well being. The explanation for utilizing the dangerous carcinogen circulated round its affordability, simple accessibility, and warmth/hearth resilience. These in search of a Michigan mesothelioma lawyer https://www.gpwlaw-mi.com/.
Such asbestos-containing merchandise embody:
Asbestotle Flashing
Asbestos paper
Cement board
Material
Felt
Ground tiles
Gaskets
Insulation
Packing
Pipe insulation
Roofing
Siding
Transite
Wallboard
Vulcabestos insulation
As well as, asbestos-containing merchandise from Johns Manville had been of assorted model names.
A number of of the model names embody:
Colorbestos Siding Sheets
Flexstone
J-M Builtup Roofs
J-M MariniteFireproof Sheet
J-M Transite
Johns Manville Caulking Putty
Johns-Manville Colorbestos Shingles
Johns-Manville Inflexible Asbestos Shingles
Permastone Asbestos-Cement Flexboard
Salem Asbestos Roof Shingles
Stonehedge Arcitechtural Panels
Terraflex Plastic Asbestos Ground Tile
Thermobestos Block Insulation
Thermobestos Cement
Transitop Asbestos Panels
Vitribestos Sheet
Vulcabestos Insulation
Occupations Uncovered to Asbestos – Johns Manville Chapter Belief
Working with asbestos produced mud of minuscule asbestos fibers. These tiny airborne asbestos fibers floated in mud which anybody within the space might inhaled or ingested. As soon as contained in the physique the fibers grow to be lodged within the our bodies tissue. Usually leading to severe diseases, like mesothelioma, a few years later.
Heavy asbestos publicity was widespread. Miners had been uncovered to airborne fibers within the mud. JM workers had been uncovered. The employees of industries which used JM merchandise had been probably uncovered. As had been people who got here in touch with these merchandise years later. Then there may be the specter of secondary publicity which might happen when a person or beloved one is uncovered to the asbestos fibers introduced dwelling on a employees clothes, hair or pores and skin. These in search of a ny mesothelioma lawyer https://www.gpwlaw-mi.com/new-york-mesothelioma-lawyer/.
Occupations that had been uncovered to Asbestos From Johns Manville Merchandise
The next are occupations in danger for asbestos publicity from JM merchandise:
Asbestos abatement employees
Bakers
Boiler employees
Carpenters
Development employees
Drywall installers and tapers
Electricians
Manufacturing unit employees
Firefighters
Furnace employees
HVAC installers and repairers
Insulation installers
Upkeep employees
Millwrights
Miners
Navy Officers and Sailors
Painters
Pipefitters
Plumbers
Roofers
Shipyard employees
Metal foundry employees
Textile employees
Litigation towards Johns Manville
Staff of Johns Manville started to face issues of mesothelioma as early because the late 1920s. Like many corporations, negligent executives had been conscious of the dangerous results that asbestos might prose but continued to position enterprise earlier than worker security. Actually, by 1929 Johns Manville confronted negligence lawsuits filed by 11 workers. Such lawsuits proved that the corporate didn’t present satisfactory security measures for workers – together with the correct security tools, coaching, and air flow services. Though the case was settled for $300,000, a gateway was opened for a lot of lawsuits towards the corporate.
Lawsuits equivalent to this price the corporate hundreds of thousands, as this was solely one of many 1000’s of lawsuits Johns Manville had confronted by the early 1980s. On account of the buildup of litigations, the corporate filed for Chapter 11 Chapter.
19Johns Manville Chapter Belief
Johns Manville grew to become the most important U.S. agency to file for chapter in 1982. Whereas the corporate was reorganized in 1988 it additionally shaped the Manville Private Damage Settlement – the primary asbestos belief that was created with roughly $2.5 billion. Lots of of 1000’s of victims have been compensated because it was established. As well as, Congress handed a brand new regulation requiring giant asbestos corporations to supply a belief fund as a part of chapter safety.
Over $650 million in belongings was held by the Manville Private Damage Settlement Belief on the finish of 2018. It has additionally liquidated almost $5 billion in claims since 1990.
Though Johns Manville was a frontrunner in the usage of asbestos in merchandise, additionally they paved the way in which for the way corporations can responsibly deal with asbestos liabilities. Its strategy to chapter has affected different negligent corporations as they adopted go well with, resulting in a rise of asbestos trusts with the aim of compensating victims of asbestos publicity. When you or a beloved one believes to have been affected by-products of Johns Manville, chances are you’ll be entitled to compensation from its energetic belief. Converse to a professional lawyer at our regulation agency at this time for extra info. Assist with mesothelioma claims https://www.gpwlaw-mi.com/how-to-file-a-mesothelioma-claim/
Please see about how a mesothelioma lawyer at GPWLaw MI can assist you!
The publish Johns Manville Bankruptcy Trust & Asbestos Exposure appeared first on Goldberg, Persky & White P.C..
The post Johns Manville Chapter Belief & Asbestos Publicity appeared first on Viagra Without a Doctor Prescription Health.
via Viagra Without a Doctor Prescription Health https://viagrawithoutadoctorprescriptionhealth.com/2019/08/02/johns-manville-bankruptcy-trust-asbestos-exposure/
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06092001731831mirakwan-blog ¡ 7 years ago
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Ways to Set about Dealing with Chapter 7 Personal Bankruptcy Situations In Winston Salem, NC?
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Phase 7 insolvency is a procedure that enables you to remove your unsecured financial debts and make a fresh beginning. This personal bankruptcy procedure is so called as under the United States Code (Bankruptcy Code) Chapter 7 of the Title 11 lists down the treatment of filing for liquidation. The Chapter 7 insolvency is additionally called directly or liquidation insolvency. If you need a legal representative, you can hire the best Attorneys In Winston Salem, NC and let them handle your cases.
If you are a person with absolutely no assets, the Phase 7 bankruptcy is for you as you get to do away with unsafe financial obligations such as bank card, a lot of the personal finances, medical costs and so on. One more benefit of filing for Chapter 7 personal bankruptcy is that you are usually enabled to retain your home, your cars, and truck as well as a lot of your personal items.
Who is Qualified to Apply for Chapter 7 Insolvency?
All individuals can declare Phase 7 personal bankruptcy. However, to be qualified for this section, you will need to pass the Method Test, a clause contributed to the bankruptcy code in 2005. The ways test checks your earnings and also costs and also appropriately permits you to submit under this chapter. Nevertheless, if you already have a personal bankruptcy discharge under your name in the last six to eight years, you are not enabled to file under Phase 7. Moreover if after checking your revenue, costs and also financial debt concern it is discovered that you meet the requirements for Chapter 13, you can not utilize Phase 7.
Ways to Handle Phase 7 Insolvency Cases in Winston Salem, NC
Once you are permitted to declare Phase 7 personal bankruptcy, you will certainly have to declare an application in the personal bankruptcy courts of Winston Salem, NC  and also fill in a number of types. These kinds will ask you numerous things such as-details of the residential property you own, your present revenue and also costs, the information concerning the debts and so on
. Since there are numerous points to be filed it is finest you work with a bankruptcy lawyer based in Winston Salem, NC. The attorney will certainly have the ability to lead you via the lawful treatment from the initial step to the end. While the entire procedure can take around four to 6 months, it will cost you about $299. Furthermore, you will check out the court simply once.
When you look for exemption under Phase 7 insolvency, you are actually turning over all your home or business and also possessions to the courts. While your situation remains in the court, you could not sell or distribute your house or pay off your various other financial debt without obtaining the court’s authorization.
The court designates a personal bankruptcy trustee whose work is to evaluate your instance. The trustee checks that your creditors are paid to the best of your capacity. The, even more, the trustee recovers from the financial institutions on your behalf, the more the trustee is to be paid. There are certain financial debts that are spared under Chapter 7 insolvency in Winston Salem, NC. Financial obligations on child assistance, tax, trainees’ loan are automatically excused unless the court routes or else.
Chapter 7 must be ideally used if you wish to get rid of your unsecured financial obligations as well as intend to retain your home or business and also other properties.
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arse-blathanna ¡ 8 years ago
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Fics I Won't Write: The Greatest - Grandmasters
This is... a thing that exists I guess? 
Theirs was a legacy of constant one-upping each other. Ozpin would build a house, Salem would build a better one. Salem would buy a helicopter, Ozpin would buy a fleet. For years they competed, spending exorbitant amounts of money as they tried to prove who was truly the better one. 
But the great had to fall. It would figure that they’d both have dates at a bankruptcy court on the same day, and equally obnoxious sets of lawyers to contend with. 
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advertphoto ¡ 4 years ago
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Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
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In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
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What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
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Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
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Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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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nwdrlf ¡ 8 months ago
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It is essential to keep in mind that different types of bankruptcy are suited for different filers, depending on their resources, obligations, and short- and long-term goals. Seeking legal advice early on is advisable as you look closely into your financial problems and work toward making a decision that will rebuild your financial future.
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mayarosa47 ¡ 4 years ago
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Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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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Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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
Utah Divorce Code 30-3-10.1
What Is Rule 506 Of Regulation D?
Loans Or Equity Investments For Your Business
Lawyer For Startup Business
Complex Divorce Issues
Meth At Hotels
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melissawalker01 ¡ 4 years ago
Text
Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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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I am enclosing the identities of three providers. All of these providers include courses over the phone and online.….Call our Salem bankruptcy attorneys at 971-233-4543 for more information.
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Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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
Utah Divorce Code 30-3-10.1
What Is Rule 506 Of Regulation D?
Loans Or Equity Investments For Your Business
Lawyer For Startup Business
Complex Divorce Issues
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The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/
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divorcelawyergunnisonutah ¡ 4 years ago
Text
Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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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Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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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What Is Rule 506 Of Regulation D?
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The post Foreclosure Lawyer Spanish Fork Utah first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/foreclosure-lawyer-spanish-fork-utah/
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michaeljames1221 ¡ 4 years ago
Text
Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
youtube
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
youtube
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs. If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
Dodd-Frank Act
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
youtube
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
Bankruptcy Law
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
Wrongful Foreclosures
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons: • Incorrect interest rate adjustment • Incorrect tax impound accounts • Misapplied payments • Forbearance agreement which was not adhered to by the servicer • Unnecessary forced place insurance, • Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. • Breach of contract • Intentional infliction of emotional distress • Negligent infliction of emotional distress • Unfair Business Practices • Quiet title • Wrongful foreclosure
Injunction
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
youtube
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
Impact
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, 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
Utah Divorce Code 30-3-10.1
What Is Rule 506 Of Regulation D?
Loans Or Equity Investments For Your Business
Lawyer For Startup Business
Complex Divorce Issues
Meth At Hotels
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