MY OFFICE IS MOVING

I have not posted a blog in quite sometime, so the first thing I wanted to do was to let people know that I am moving my office to the Central Ohio area.  I am originally from Lancaster, Ohio and I will be relocating to be closer to my family and my wife's family.  Very little else will change.

I will still practice in the Eastern portion of Ohio, with cases from Lake County to Scioto County.  I will still be readily available by phone and email.  I will meet with clients when they desire a face to face meeting, but as my current clients already know most things can be accomplished over the telephone or through email.

An Update on Defending Foreclosures

Despite the national media finding a new economic crisis to focus on, many people are still struggling with keeping their house or saving their house from foreclosure.  Many of the same tactics are being used.  Homeowners are suddenly three months behind when a new servicer takes over the loan.  Homeowners are still encouraged to stop making payments while a loan modification is being worked out.  Even though HAMP is no longer an ongoing government program, HUD Regulations are more often incorporated into the promissory notes and mortgages, and Regulation X provides all mortgagees (homeowners) with certain protections while working out a loan modification.  In addition, as the loans have been transferred repeatedly, many of the lenders are becoming much more willing to waive late fees, and accrued interest.  Loan modifications are actually somewhat helpful instead of simply delaying the inevitable.

While promising changes are occurring in modifications, trial courts have become more favorable settings for homeowners.  Many of the arguments remain the same, but Homeowners are having greater success in avoiding summary judgment and getting to trial.  At trial some of the weaknesses of the Plaintiff's case become more apparent.  

There is still no free home.  (The wisdom of the kingdom was reduced to a single phrase: No free Lunch.). However, a dismissal based upon the failure to comply with conditions precedent should not simply result in the Bank starting over.  Instead, if the bank improperly accelerated the loan balance and then refused to accept payments, then the bank should be liable for the arrearages; the accrued interest, and late fees under RESPA.  This will result in what most homeowners are seeking: going back to the point before all the problems started.