Court allows lenders to restart foreclosures any time

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The Florida Supreme Court ruled that mortgage lenders can restart a suspended foreclosure at any time instead of within five years after a borrower defaults. The court ruled that the five-year statute of limitations for foreclosure cases is dynamic, not static, resetting each month a mortgage borrower remains in default.

The groups argued it was inappropriate for the court to rule on limits with voters set to do the same thing next November. Supporters of limits characterized the request as an attempt to allow.

– Lender normally paid in full if value of property is more than the balance due under the mortgage. – To foreclose and sell debtor’s property, lender must file petition to bankruptcy court. If debtor is current with mortgage payments and wants to keep the property, they can reaffirm the mortgage debt.

Unit 7 National Owner Brokerage. When a lender is required to foreclose on a deed of trust, the lender does not have to go through the courts to foreclose if the deed of trust contains a power of sale clause. This kind of foreclosure is known as.

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A debtor could find that despite filing for bankruptcy the foreclosure proceedings remain unaffected because of Section 305. Section 305 allows a bankruptcy court after a notice and hearing to dismiss a case or suspend all proceedings at any time if the interests of creditors and the debtor would be better served by such dismissal.

Michele L. Stocker was quoted in an article in The Real Deal entitled "Court Allows Lenders to Restart Foreclosures Any Time.

Learn about Mississippi foreclosure laws and procedures. If you’re facing a foreclosure in Mississippi, it’s a good idea to get as much information as possible about the process-especially information about how long the foreclosure will probably take. Most homeowners are entitled to a 120-day preforeclosure period under federal law.

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