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- Three Things To Do When You Are Behind On Your Mortgage Payment
- Massachusetts Foreclosure Case Involving MERS and Deutsche Bank
- My Dog and My Homeowner’s Policy by Attorney Hugh Fitzpatrick
- Request for Information: Enterprise FHA REO Asset Disposition
- Types of Deeds In Massachusetts: Quitclaim Deed and Warranty Deed
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Three Things To Do When You Are Behind On Your Mortgage Payment
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Tagged Attorney Massachusetts, Buyer Attorney Massachusetts, Condo real estate, lawyer Homes for Sale, Lawyer MA, Massachusetts Foreclosure Attorney, Massachusetts Mortgage Refinancing, Real estate attorney, real estate lawyer, Seller Attorney Massachusetts, Title Insurance Massachusetts, Town MA Homes for sale
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Massachusetts Foreclosure Case Involving MERS and Deutsche Bank
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Tagged for sale Massachusetts, homes for sale, Lawyer MA Condo, Massachusetts Buyer Attorney, Massachusetts Foreclosure Attorney, Massachusetts Seller Attorney Massachusetts, Mortgage Refinancing Attorney, Mortgage Refinancing Massachusetts, Real estate attorney, real estate lawyer, Title Insurance Massachusetts, Town MA Homes
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My Dog and My Homeowner’s Policy by Attorney Hugh Fitzpatrick
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Tagged Lawyer, Massachusetts real estate attorney, real estate lawyer, Tewksbury, title insurance
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Types of Deeds In Massachusetts: Quitclaim Deed and Warranty Deed
Yesterday, I was asked by a potential client, “what type(s) of deeds do we have in our state”? I thought it to be an uncommon question, but I explained that we have two main types, Quitclaim Deeds and Warranty Deeds. There are other types but these are the most commonly used. The major difference between the two is what you are giving when you give someone a quitclaim deed versus a warranty deed. In my explaination, I will try to provide you with the ‘no lawyer’ definition of the difference between the two. First, with a quitclaim deed, you (as a seller of property) are warranting to the buyer that title to the property is good during your ownership of the property. With the warranty deed, which is usually used mostly in the western part of our state, you are warranting to defend the title against lawful claims and demand of all persons in the chain of title. In other words, with a quitclaim deed, you are saying that title is good during my ownership period and with the warranty deed, you are saying that title has always been good.
Hugh Fitzpatrick
MERS Is Leaving The Foreclosure Business
By now, anyone in the mortgage business knows the company called MERS. Started in 1995 by Fannie Mae and Freddie Mac along with other large lending institutons, they have been getting a black eye over the past few years because of this mortgage mess. The company is a central registration point for mortgages. When a mortgage lender originates a loan, usually the loan is then registered with MERS. Over the past few years, many homeowners have questioned whether MERS has the authority to foreclose on behalf of the mortgage company. Different jurisdictions have produced different results. Some courts have held that MERS has the capacity to foreclose on an agency theory and others disagreed with this theory. Also, MERS has been subject to claims that they should have recorded assignments on the chain of title and how they owe money to local counties. In our state, for instance, John L. O’Brien, Register at Salem Registry of Deeds has been outspoken regarding a claim that MERS owes the Commonwealth of Massachusetts millions. With that being said, Reuters just came out with a story with MERS is leaving the foreclosure business. According to the report, if a mortgage company wants to foreclosure, they can no longer foreclosure in the name of MERS and they must get an assignment from MERS and foreclosure on their own. Interesting information, to say the least.
Hugh Fitzpatrick
Why Do I Need to Pay for a Title Exam When I refinance my mortgage
In my practice, people often ask ‘why do I need to pay for a title examination every time I refinance?’. In answering this question, I need to briefly explain what I title examination is. When a bank/mortgage company is going to lend you money, they want to make sure that title to your property is good or what we call marketable. In trying to make this determination about the quality of title, a title examiner examines title to your property beginning with the deed that you received when you purchased the property. That is the start point and the examiner goes back and reviews all deeds in the chain of title to make sure that they are correct. Once the examination of the deeds is completed, the examiner then runs the title forward, looking at all liens or encumbrances that impact the quality of title. Once that has been completed and the examiner makes sure that they have been property discharged, an opinion of title can be issued. Concerning the question of why a title needs to be done each time, I can answer it two way: First, the original examiner may have missed something on the chain of title and the second set of eyes is warranted; Or, there could be something that was placed on the chain of title between the time that you last refinanced and the present. If the later is the case, this lien or encumbrance needs to be dealt with either by release or subordination.
Meeting with Senator Eileen Donoghue Next Week
After some help from our friends at the State House, I am happy to report that I have a scheduled meeting with Senator Eileen Donoghue on Wednesday, July 20th, 2011 in Boston. On the agenda, improving our land recording systems in the Commonwealth of Massachusetts, where we can electronically record documents in all counties. Also, a discussion about electronic notaries.
Posted in Quick Tips & Info
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Mortgage Relief Offered to Unemployed Homeowners
On July 07th, 2011, President Obama and his administration announced, with FHA, a new program helping homeowners who lost their jobs. According to the press release, FHA will require servicers to extend the forebearance period unemployed homeowners to 12 months. The Administration also intends to require servicers participating in the Making Home Affordable Program to extend the minimum forbearance period to 12 months wherever possible under regulator and investor guidelines. These adjustments will provide much needed assistance for unemployed homeowners trying to stay in their homes while seeking re-employment. These changes are intended to set a standard for the mortgage industry to provide more robust assistance to unemployed homeowners in the economic downturn.
The press release says that any homeowner with an FHA loan does not have to pay for a year. It was four months. I am wondering how people feel about this?
Posted in Articles
Tagged attorney Hugh Fitzpatrick, FHA, Making Home Affordable Program, President Obama
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