Скачать с ютуб Video 134 Mortgage De-acceleration Deacceleration в хорошем качестве

Video 134 Mortgage De-acceleration Deacceleration

Lenders and servicers are trying to take homes away from mortgagors through mailing a “letter of deacceleration” of a defaulted loan to the homeowner. This is being done to enable the note owner to argue that it has stopped the statute of limitations from running and that, therefore, its action commenced after expiration of the statute of limitations is not improper. This video discusses the meaning and origin of acceleration and deacceleration, and how it relates to the statute of limitations that applies in every state to unpaid notes and mortgages. Attorney Carl Person discussed the New York 6-year statute of limitations and the Second Circuit Court of Appeals decision, In re Taddeo, which permits Bankruptcy Courts to cure a default and permit the homeowner/mortgagor to resume payments of his/her monthly mortgage. Person explains how deacceleration of a defaulted loan is a 2-edged sword, with homeowners sometimes seeking deacceleration (to cure a default) and lenders (to avoid a statute of limitations defense). Person also explains how deacceleration should be considered a loss mitigation option and be made available to homeowners during the mediation part of a foreclosure action in New York, at which time the parties are required to negotiate with each other in good faith as to all loss mitigation options, under CPLR 3408(f). Person also provides instruction as to basic terms in foreclosure analysis.