JUDGES SANCTIONING FORECLOSURE DEFENSE ATTAORNEYS FOR FRIVOLOUS FORECLOSURE DELAYS

http://www.housingwire.com/articles/29300-michigan-attorneys-face-sanction-for-frivolous-foreclosure-delays Attorneys in Michigan who file what are ruled frivolous complaints or requests for delays in foreclosure or eviction cases can be sanctioned. In a note to clients, Ballard Spahr warns that a Michigan appellate court ruled in February that baseless filings intended to delay those procedures can result in the borrower’s attorney facing sanction and fines. “In Edgett v. Flagstar Bank, after multiple reviews of the borrower’s loan modification requests, the bank completed foreclosure. The borrower then filed a four-count complaint … Continued

ATTORNEY ADMITS FORECLOSURE DEFENSE IS NOT ABOUT WINNING

Submitted by Rusty Collins on August 18, 2014 – 9:17am Rusty Law In Foreclosure Defense, if you take a case to trial, you play for a fumble.  You are not going to win the game, but you may score something else, like a mortgage modification or a short sale.  You get to ask the other side to prove their case, and in doing so, they may reveal weaknesses, such as unverified information or lack of authority to foreclose. You cannot … Continued