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Is there a law that protects a homeowners' home, if the home…

Is there a law that...
Is there a law that protects a homeowners' home, if the home is involved in litigation concerning fraudulent documents associated with the home?
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Answered in 7 minutes by:
2/6/2015
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Hi, my name is ***** ***** I will do my very best to Answer your question
When a person buys a piece of real property, he usually purchases a policy of title insurance at the settlement which insures that the homeowner has good and marketable title and the title search done by the title insurance company did not reveal any "break" in the chain of title or any outstanding interests. If these are later discovered and a claim is made against the property owner, the title insurance company which issued the policy of title insurance at the time of settlement against loss which might be caused by fraudulent or forged documents somewhere in the chain of title. If something like that were to show up, the title insurance company will either pay the homeowner for any loss resulting from any outstanding interest, or a defect or encumbrance on the title which the title company's searcher missed at the time it searched the title and then issued the policy at the time of settlement
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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Customer reply replied 3 years ago
The home is already in a suit against the lender. The lender issues a NOD. Since there is already a pending case in the 9th circut, does the homeowner have anything that can be done to stop foreclosure proceedings until a judgement has been issued in the case against the lender?
I apologize, but there is something on which I am kindy asking you to clarify, Okay ?
1. Are you in default of your payments under the note and mortgage ?
2. What similarities, if any, do you share with the homeowner who is in litigation in the Ninth Circuit and whose decision would be binding on you and your lender
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Customer reply replied 3 years ago
The question is for a friend of mine.
1. Yes they are in default of their payments
2. I have several friends who are in the same boat. This particular one reached out to me for some help. I am a Pastor and I do what I can since I used to be in Real Estate.
If the owner of the property is in default under the terms of the Note and/or mortgage, and the lender has issued to the homeowners a Notice of Default, I'm afraid that the ender will want to proceed with the foreclosure. I do not know how similar the facts of these two situations are, but in my experience, if a borrower is in default, the lender usually wants to proceed as quickly as possible towards the actual foreclosure. Leners do not feel comfortable delaying their proceedings in order to see what decision will be reached in another case. The lenders normally prefer to proceed on their own schedule and when the Court hands down its decision which appears to favor the homeowner, the lender has basically shifted the burden of appealing the foreclosure by relying on the case that was just decided. This way, the cost of appealing, or setting aside the Court's decision based on the decision reached by the 9th Circuit, basically puts the burden and the costs on the homeowner to appeal the trial Court's decision of foreclosure to modify the decision to bring it into line with the decision of the Ninth Circuit, if that results in favorable treatment for the borrower's
I just noticed this additional questtion you had posted ----
You asked,
"Since there is already a pending case in the 9th circut, does the homeowner have anything that can be done to stop foreclosure proceedings until a judgement has been issued in the case against the lender?"
ANSWER;
The only action which would temporarily stop the foreclosure is the filing a Petition in Bankruptcy under Chapter 9 or Chapter 11 of the Bankruptcy Code. However, this is a fairly expensive proposition to consider when the delay is only temporary and is very brief. I only suggest that this be considered if, and only if the borrowers intend to follow through with the bankruptcy. If it is going to be used only as a delay tactic, with no other solution in site, I question the financial soundness of this decision just for what will result in a very, very brief delay tactic and costly filing fees
Kindest regards,
ANDREA
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Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,
If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,
Thank you for allowing me the opportunity to assist you,
ANDREA
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Customer reply replied 3 years ago
Thank you very much. You have been a Blessing.Rev. Dr. Nigel "Doc" Johnson DD
You are most welcome Rev. Dr. Nigel, Thank you for the positive rating, I appreciate it greatly and thank you for thinking of me as a Blessing, Please say a prayer to our heavenly Father to keep us, our loved ones, and the innocent animals of the world safe from harm
Thank you,
ANDREA
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