Affidavits play a critical role in foreclosure litigation. They provide sworn support for default, payment history, note possession, servicing authority, notice compliance, and the right to foreclose for lenders, servicers, and trustees. When affidavits are accurate, they keep a case…
Automated mortgage servicing systems maximize speed and convenience for servicers. Without any intervention, they can advance foreclosure timelines, update payment amounts, assess fees, and route accounts through various stages of collection. However, the same features that make these systems convenient…
Many North Carolina foreclosures go through a process known as power of sale foreclosure. Because this is a nonjudicial process that doesn’t start in a conventional courtroom, borrowers may assume that the outcome is already decided. But before the foreclosure…
Tennessee’s non-judicial foreclosures allow lenders to proceed without filing a lawsuit; the result is a faster and more streamlined process. But to benefit from this efficiency, lenders must comply with statutory and contractual notice requirements. Failing to meet these requirements…
Foreclosure is an essential legal remedy available to lenders when a borrower defaults. In North Carolina, most foreclosures occur via power of sale foreclosure, a non-judicial process. This process is significantly more efficient than judicial foreclosure, but it is crucial…
Foreclosure is the main legal remedy available to lenders once a borrower defaults on their mortgage. Tennessee typically allows foreclosures to proceed via a non-judicial process, rather than requiring lenders to file a lawsuit. This process is more streamlined and…
When a Tennessee borrower stops making mortgage payments, the situation may escalate quickly. This is particularly true in Tennessee, where foreclosure is typically nonjudicial. For mortgage servicers, a missed payment may trigger a series of automated notices and communications to…
When a borrower files for bankruptcy during foreclosure proceedings, the lender must immediately pivot to a new process. For mortgage servicers operating in South Carolina and North Carolina, bankruptcy during foreclosure means a halt in foreclosure activity, new timelines, and compliance…
Estate planning becomes significantly more complex when the settlor (trust creator), who is also the sole trustee, shows early signs of cognitive impairment, dementia, or has a family history suggesting future capacity concerns. One strategy to reduce the uncertainty involves…
Special Needs Trusts (SNTs) represent an important estate planning tool for families caring for disabled or incapacitated loved ones. These specialized legal instruments fill in the gaps not covered by government benefits, allowing families to provide financial support to the…