Foreclosure Lawyer Spanish Fork Utah
Spanish Fork is a city in Utah County, Utah, United States. It is part of the Provo–Orem Metropolitan Statistical Area. The population was 39,961 as of a 2018 estimate. Spanish Fork, Utah is the 20th largest city in Utah based on official 2017 estimates from the US Census Bureau. Spanish Fork lies in the Utah Valley, with the Wasatch Range to the east and Utah Lake to the northwest. I-15 passes the northwest side of the city. Payson is approximately six miles to the southwest, Springville lies about four miles to the northeast, and Salem is approximately 4.5 miles to the south. Spanish Fork, Utah County, is located about sixty miles south of Salt Lake City, and is built upon three distinct alluvial fans formed by the Spanish Fork River. It received its name from the fact that Catholic Fathers Dominguez and Escalante entered Utah Valley along the Spanish Fork River in September 1776 on their exploratory journey. Enoch Reece took up about four hundred acres of land in the Spanish Fork River bottoms area in 1850 and was the first man to locate a home there. He was soon followed by other settlers, including John Holt, John H. Reed, and William Pace. During the fall of 1854, a fort, called Fort Saint Luke, was built on the present site of Spanish Fork. This was occupied by nineteen families from the settlement of Palmyra, about three miles west. The fort was built as protection from the Indians.
In 1855 the territorial legislature granted the city of Spanish Fork a charter and boundaries were established. After Palmyra was abandoned in 1856 and its citizens, numbering about four hundred, moved to Spanish Fork, the charter was amended to also include that area. As a result of the United States Army coming into the Salt Lake Valley in 1858, Spanish Fork became the temporary home of about four hundred families who had fled from their homes in northern settlements. Many of the refugees remained in Spanish Fork. The first commercial industry, a sawmill, was established in 1858 and was owned by Archibald Gardner. He also built the first flour mill, which began operation in 1859. The Spanish Fork Foundry, established in 1884, turned out great quantities of iron and brass castings. While the principal industry of Spanish Fork has always been agriculture, the city has also become a primary livestock center. The canning industry was also important; in 1925, the Utah Packing Corporation established a factory and began to contract with local farmers for the growing of peas, beans, and tomatoes. As the population increased and more land was brought under cultivation, the waters of Spanish Fork River became inadequate to supply irrigation needs. After lengthy negotiations and contracts with the federal government, Spanish Fork secured the delivery of water from the newly completed Strawberry Reservoir. Water was first received through the tunnel on 27 June 1915.
Teleflex Defense Systems is currently Spanish Fork’s largest private employer with over 200 employees. Seven other businesses employ one hundred or more workers: Longview Fibre Company, Natures Sunshine Products, Trojan Corporation, Valley Asphalt, Inc., Shopko, K Mart, and Mountain Country Foods. Although Spanish Fork is predominantly Mormon, the Presbyterian Church established a church and mission day school in 1882. The school functioned until the state school system was inaugurated in the early part of the twentieth century. Today there are three elementary schools, one intermediate, and one high school. An Icelandic Lutheran Church was also built on the east bench of Spanish Fork and served a congregation for many years. There is also the Faith Baptist Church, as well as twenty-six LDS wards in four stakes. The population of Spanish Fork was 11,272 in 1990, well over a one hundred percent increase from the 5,230 residents in 1950.
Foreclosure Law: What Banks Can and Can’t Do
Foreclosure can be a complicated and confusing process for homeowners. News stories of banks taking inappropriate action or wrongfully foreclosing on homes have made matters worse and frightened many homeowners who are unable to maintain their mortgage payments. While foreclosure law varies with each state, there are some general things that banks can and can’t do during the foreclosure process.
What Banks Can’t Do
The foreclosure process can be tricky to navigate, and many homeowners are unaware of what the banks can and can’t do. In some cases, banks make an illegal move intentionally, and oftentimes, homeowners are none the wiser. Each state has its own varying foreclosure law but there are some general things banks can’t do during the foreclosure process.
• In some states, banks are required to determine if the homeowner qualifies for either a loan modification or some other form of help before they foreclose on the home. If the bank chooses to do both at the same time, this is referred to as “dual tracking.” Dual tracking is illegal in several states.
• If you apply for a loan modification or another help option, the bank can’t start the foreclosure process. If the foreclosure process has already begun, the bank can’t continue if you apply for a loan modification or another form of help providing you apply at least seven days before the foreclosure sale.
• The bank cannot kick you off of your property without first getting a court order and filing an eviction.
• The bank cannot padlock your home’s door if you’re still living in the home. They must take the proper steps to evict you from the property.
• The bank can’t continue the foreclosure process if you reinstate your mortgage before the sheriff sale. In order to reinstate, you will need to pay the amount you are behind on your mortgage plus any fees and costs.
If you’re planning on selling your home, you can use our Home Ownership documents to complete the sale. We can also provide legal advice regarding the foreclosure process.
What Banks Can Do
Under foreclosure law, there are some things that the banks can do during the foreclosure process.
• Banks can padlock a home if the home is vacant. Mortgages often have clauses that state that the bank has the right to take reasonable action to protect their interest in the property if you decide to abandon it.
• Depending on the state you live in, the bank may pursue deficiency judgments if they are unable to sell the home at auction for what they are owed on the mortgage.
• The bank may pursue a non-judicial foreclosure or judicial foreclosure depending on where the property is located.
• The bank can pursue a court order to shorten the redemption period to five weeks if the property is vacant.
Keep in mind that laws will vary from state to state, but these are some general things that banks can and can’t do during the foreclosure process. It’s important to research your local laws and regulations to find out more about the foreclosure process in your state.
Federal Foreclosure Laws
While the foreclosure process is determined through state laws, federal laws also provide regulations and limits intended to protect homeowners. These include bankruptcy laws, the Soldier and Sailors Relief Act, and parts of the Dodd-Frank Act.
In response to the financial crisis of 2008, the Title X of the Dodd-Frank Act established the Consumer Financial Protection Bureau (CFPB) as an independent agency to monitor and regulate how consumer financial products are offered and serviced. Among other protections, the CFPB implemented new procedures to provide struggling homeowners with better access to foreclosure avoidance tools. These regulations also require loan services to make good faith efforts to contact homeowners when they miss payments before initiating a foreclosure.
Soldier and Sailors Relief Act
Signed in 1940, this law allows active duty military service members to set aside a default judgment leading to a foreclosure. If a mortgage holder files a foreclosure action against a mortgagor who fails to answer the legal complaint, they must file an affidavit with the court to prove he is not on active duty in the military. If it can be proven that the mortgagor’s service is impacting his ability to pay the mortgage, he may stay the foreclosure for the length of his service.
A bankruptcy filing automatically stays (or “puts on hold”) a foreclosure proceeding, which may be lifted or modified for lack of equity in the home or other causes. If the bankruptcy is asking for discharge of all debts, however, the mortgage holder may either foreclose the property (if there is no significant equity) or sell it through bankruptcy court.
Affidavits and Robo-signing
In the context of the foreclosure process, an affidavit is a document used for attesting to a set of facts. By signing a affidavit, the signee is stating (under penalty of perjury) that the facts on the document are true. For a foreclosure affidavit, the mortgage servicer typically confirms that the foreclosure is in fact valid and that the servicer has the right to foreclose due to a default on the mortgage. The borrower has an opportunity to contest a foreclosure and may present documentation to counter the servicer’s claim. The term “robo-signing” refers to practice of signing these affidavits quickly without adequately verifying their content. Mortgage servicers processing high volumes of mortgages are sometimes accused of “robo-signing” in order to speed up foreclosures, which many borrowers have challenged as inadequate proof that a foreclosure should occur. The borrower (or mortgager) may challenge a summary judgment and delay foreclosure by citing robo-signing or inaccuracies in the affidavits. Since mortgages tend to be bought and sold frequently, important information in the affidavits sometimes gets lost.
Foreclosure by Power of Sale
Foreclosure by power of sale occurs when a mortgaged property is sold by the mortgage holder without the supervision of a court.
Foreclosure by Judicial Sale
A foreclosure by judicial sale is the sale of a mortgaged property that’s under the supervision of a court. Learn about the “necessary” and “proper” parties in a foreclosure by judicial sale, deficiency judgment, and more.
State Foreclosure Resources
A list of links to state foreclosure resources. Find your states housing and foreclosure laws, in order to learn about the proper procedures, filing fees, possible alternatives to foreclosure, and more.
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal. The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons:
• Incorrect interest rate adjustment
• Incorrect tax impound accounts
• Misapplied payments
• Forbearance agreement which was not adhered to by the servicer
• Unnecessary forced place insurance,
• Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan.
• Breach of contract
• Intentional infliction of emotional distress
• Negligent infliction of emotional distress
• Unfair Business Practices
• Quiet title
• Wrongful foreclosure
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: the borrower is entitled to the injunction; and that if the injunction is not granted, the borrower will be subject to irreparable harm.
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing. Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
Avoiding Wrongful Foreclosure Actions
The best way to prevent and avoid wrongful foreclosure is for the borrower to keep accurate records and to review each communication received with the lender. Communication with the lender is key. This way any discrepancies can be caught early on before they turn into inaccuracies and lead to a wrongful foreclosure action.
Spanish Fork Foreclosure Lawyer
When you need legal help in Spanish Fork Utah for a foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506