Category Archives: Real Estate General

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The Meat of the Matter – In Re: Veal Analyzed

Posted on by Phil Querin

“When a note is split from a deed of trust ‘the note becomes, as a practical matter, unsecured.’ *** Additionally, if the deed of trust was assigned without the note, then the assignee, ‘having no interest in the underlying debt or obligation, has a worthless piece of paper.’” [In re Veal – United States Bankruptcy […]

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Posted in Bankruptcy, Foreclosure, Legislation - Oregon, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed | Tagged , , , , , , , , ,

Recon Redux

Posted on by Phil Querin

“Foreclosure processing delays continue to mask the true face of the foreclosure situation, although there were some clues in the May numbers of what lies behind that mask,” said James J. Saccacio, chief executive officer of RealtyTrac. “First, activity spiked in May for various stages of the foreclosure process in some states, a pattern that […]

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Posted in Foreclosure, Foreclosure Mills, Legislation - Oregon, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Servicers, Trust Deeds | Tagged , , , , , , , , , ,

Whose Greed Fueled The Credit And Housing Crisis?

Posted on by Phil Querin

  Greed: “An excessive desire to acquire or possess more than what one needs or deserves, especially with respect to material wealth.” The term “negative equity” has found its way into common parlance today.  And it is sure to hang around for a while.  That’s because many people have it – that unpleasant experience of […]

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Posted in B. L. Zebub, Foreclosure, Lenders, Miscellany, Real Estate General, Real Estate/Distressed | Tagged , , , ,

Solutions to the Foreclosure Mess in Oregon

Posted on by Phil Querin

  Snidely Whiplash, Arch Villain, Rocky & Bullwinkle Cartoon This post follows on the heels of my discussion of Oregon’s Foreclosure problems, here. At this time, we know two things: (a) The lenders and servicers cannot change our trust deed foreclosure law to accommodate their foreclosure practice; and (b) In fact, they likely don’t have […]

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Posted in Foreclosure, Foreclosure Mills, Legislation - Oregon, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Realtors | Tagged , , , , , , , , , , , , ,

Foreclosure Problems in Oregon: Revenge of the Titans

Posted on by Phil Querin

  “Curses! Foiled Again!” – Snidely Whiplash, Arch Villain, Rocky & Bullwinkle Cartoon Background. The lending industry’s response to the foreclosure problems in this country, and Oregon in particular, can best be summarized with the cliché “Like a deer in the headlights….”  Frozen by the glare, the banks’ reaction has been to do nothing to […]

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Posted in Foreclosure, Legislation - Oregon, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Servicers, Trust Deeds | Tagged , , , , ,

Another MERS Slapdown! The Hooker Case Analyzed

Posted on by Phil Querin

“While I recognize that plaintiffs have failed to make any payments on the note since September 2009, that failure does not permit defendants to violate Oregon law regulating non-judicial foreclosure. The Oregon Trust Deed Act “represents a well-coordinated statutory scheme to protect grantors from the unauthorized foreclosure and wrongful sale of property, while at the […]

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Posted in Foreclosure, Legislation - Oregon, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Servicers, Trust Deeds | Tagged , , , , , , , ,

Exclusive Interview with Belial Bank’s Chief Lobbyist and PR Man Ѱ

Posted on by Phil Querin

Regretfully, I cannot disclose how the following transcript fell into my hands.  I have guaranteed the complete anonymity of my source, who participated in the surreptitious recording of a recent face-to-face interview with Kenneth Y. Slick, III, chief lobbyist and head of public relations for Belial Bank.  Mr. Slick has been affiliated with Belial Bank […]

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Posted in B. L. Zebub, Belial Bank, Foreclosure, Foreclosure Mills, Legislation - Oregon, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Servicers | Tagged , , , , , , , , , , , ,

Oregon Foreclosure FAQs

Posted on by Phil Querin

Although there is an abundance of useful information on the Internet, it can become confusing to many.  So I thought I’d post some of the most common questions I receive.  It is my hope that perhaps those folks who are worried about a possible foreclosure of their home, will read this post and find that […]

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Posted in Deficiency Liability, Foreclosure, Legislation - Oregon, Lenders, Market Conditions, Real Estate General, Real Estate/Distressed, Tax Issues, Trust Deeds | Tagged , , , , , , , ,

Mr. Bevilacqua and the “Brooklyn Bridge Problem”

Posted on by Phil Querin

From the same court that brought us U.S. Bank Association, Trustee v. Ibanez, earlier this year, it now appears we will soon hear from the Massachusetts Supreme Judicial Court again. This time the issue deals with what happens to title after a bank completes a procedurally improper foreclosure. Ibanez ruled that a foreclosure by U.S. […]

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Posted in Foreclosure, Lenders, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Servicers, Trust Deeds | Tagged , , , , , , , ,

Short Sale Trap: Mortgage Insurance [Part One]

Posted on by Phil Querin

As we know, during the easy credit era of the recent past, many, many people borrowed well in excess of 80% of their home’s purchase price.  Stated another way, there were comparatively few folks who came to the closing table with 20% or more in down payment. Prior to the easy credit days, borrowers on […]

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Posted in Deficiency Liability, Market Conditions, Miscellany, Real Estate General, Real Estate/Distressed, Realtors | Tagged , , , , , ,
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