Written by Charleston Foreclosure Defense Attorney, Russell A. DeMott [Note below, Post Updated on 12/3/12] In South Carolina, closing a mortgage loan (even if it’s a refinance or equity line) is considered the practice of law. As such, South Carolina law requires all mortgage loans to be closed by an attorney licensed in South Carolina. …
Written by Charleston Foreclosure Defense Lawyer, Russell A. DeMott Graves Wilson previously posted on the attention foreclosure issues have (finally!) gotten in the South Carolina legislature. Since then, my friend an colleague, Columbia bankruptcy attorney, Lex Rogerson, indicated that he’s sent various clients to the South Carolina Home Ownership and Employment Lending Program via scmortgagehelp.net…
Written by Charleston Foreclosure Defense Attorney, Graves H. Wilson, Jr. I spend a lot of time driving up and down the Interstate Highways in South Carolina – business trips, family and friends. It’s during those times that my brain seems to go into autopilot. I have experienced many an epiphany while behind the wheel. Difficult…
Written by Foreclosure Defense Lawyer, Graves H. Wilson, Jr. Foreclosure alternatives are critically important these days. More and more homeowners are finding that they are faced with the unhappy dilemma of having to decide whether to pay the mortgage or to feed the children. Several programs have arisen under the Obama administration designed to help…
Written by Charleston Foreclosure Defense Lawyer, Graves H. Wilson, Jr. Lately, Bank of America seems to mean one thing: foreclosure. And it recently donated land to municipalities after bulldozing the homes that the land once held. You guessed it: These are the same homes that BOA acquired by foreclosing on the mortgages–homes previously owned by…
Written by Charleston Foreclosure Defense Lawyer, Graves H. Wilson, Jr. Who owns your mortgage note? What is this “servicer” that keeps changing? Why can’t the bank just give me a break and restructure the loan so I can make lower payments over a longer period of time? The first two questions lead to the last.…
Written by Charleston Foreclosure Defense Lawyer, Russell A. DeMott The foreclosure crisis is finally getting some attention. Several South Carolina legislators, including Senator Mike Rose who represents Dorchester County and parts of Charleston County, held a public forum this week at the Longshoreman’s Hall here in Charleston. Charleston Senator Robert Ford also participated. The foreclosure…
Written by Foreclosure Defense Lawyer, Graves H. Wilson, Jr. “I know I’m way behind on my mortgage payments. Now I’m facing foreclosure. So why should I fight the inevitable?” Mortgage foreclosure is not a foregone conclusion. The process has evolved into a minefield for the mortgage holder seeking to take your home away. While not…
Written by Charleston Foreclosure Defense Lawyer, Graves H. Wilson, Jr. The South Carolina Rules of Civil Procedure has “discovery” rules which serve to level the playing field for homeowners facing foreclosure. No matter how big (well-financed) the mortgage lender or how small (not-well-financed) the home owner, the rules apply equally to both. When applied properly,…
Written by Foreclosure Defense Lawyer, Graves H. Wilson, Jr. You watched your 401(k), IRA, and home values plummet over the past three years. You tightened you belt and managed to make ends almost meet. A sluggish South Carolina economy recently cost you your job. You have been forced to choose between clothing and feeding the…