By E. Jason Billick In 2010, Florida-based Ocwen Financial Corporation created the Shared Appreciation Modification, hereinafter (“SAM”). The SAM program was designed to get borrowers back on track with their mortgage payments through reducing delinquent principal...
Firm News
Eviction after Foreclosure: When is Three Days NOT Three Days
By Anthony Read Your homestead has been sold at foreclosure sale. You have received a three day “notice to vacate” that says you have three days to move. How long do you have? First, not just three days. An aside about time. In the eviction context, weekends count...
Home Equity Loans – How Banks Foreclose
By Anthony Read Texas was the last state to allow home equity loans. That is, a loan that gives you cash taken against the equity in your home. This is distinct from a purchase money loan where you borrow money to buy the house or a refinance where you borrow just...
HAMP Loan Modification Issues
By: E. Jason Billick Home loan modifications still present the best avenue for homeowners to get back on track when they’ve fallen behind on their mortgage. It makes sense. The Making Home Affordable program that began in 2009 was designed to modify delinquent loans...
The Rice v. Pinney Myth
By: E. Jason Billick 7/27/2014 If you ask any attorney who handles forcible detainer actions in Texas, chances are they’ve come across the infamous Rice v. Pinney decision. The case has become Plaintiff’s first line of defense when a defendant homeowner cries “title.”...
Thoughts on a Sunday Afternoon
By: William B. Gammon 7/13/2014 The trial was 2 days ago. My clients, a couple in their 60’s, were being evicted from their home of 13 years. They’d suffered a foreclosure after he was laid off from work and then missed several mortgage payments. The bank/mortgage...
The New CFPB Rules: Increasing Transparency
By: E. Jason Billick 5/19/14 The Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA) are now even more powerful in protecting consumers in their dealings with lenders and creditors. As of July 21, 2011, the rulemaking authority under the...
Is It Time for a Complex Litigation Docket for Texas Foreclosures?
Article Written By: E. Jason Billick 5/5/14 The Texas court system has seen a dramatic increase in foreclosure litigation since the financial crisis of 2008. The good news is Texas foreclosures are currently on the decline as the housing market slowly recovers....
Introduction to Central Texas Foreclosure Defense Group (CenTexFD)
Central Texas Foreclosure Defense Group (CenTexFD) is an association of dozens of consumer-advocate attorneys who represent homeowners and investors involved in the foreclosure process. Its interest lies in promoting understanding and proper application of Texas...