Blog

Thursday, February 6, 2014

Foreclosure Hearing Residential Credit Solutions Union County NC

The following is a summary of a foreclosure hearing that McGrath & Spielberger assisted a borrower with, and is provided for informational purposes only.



Mortgage Loan Servicer / Foreclosing Bank: Residential Credit Solutions as loan servicer for Bank of NY Mellon

Distressed Property Address (City): Waxhaw, North Carolina

Type of Distressed Property: Primary residence

Date of Foreclosure Hearing: January 28, 2014

Location of Foreclosure Hearing: Union County, NC

Bank’s Foreclosure Trustee: Cornish Law Firm / Shapiro & Ingle as attorney for the substitute trustee

Borrower’s Attorney: Jason A. McGrath

Actions Taken by McGrath & Spielberger on Behalf of Borrower (Specifically in Relation to the Foreclosure Hearing): Motion to Continue Foreclosure Hearing heard, Attorney McGrath attended hearing for client. Further, Attorney McGrath requested that the hearing officer order that the substitute trustee / substitute trustee attorney confirm and clarify to the loan servicer and all other interested parties that there is no foreclosure sale date, and thus loss mitigation consideration should not be refused on the basis of a pending sale.

Foreclosure Hearing Outcome: Borrower’s Motions granted; foreclosure avoided.