17.5 In General

• Library: Real Estate Practice Deskbook (2019 Ed.)

A. (§17.5) In General

Even after proper noticing of the default, acceleration of the maturity of the debt, and demand for payment have occurred in accordance with applicable law, counsel must be alert to additional obstacles to foreclosure:

1. Death of a mortgagor or a mortgagor's successor in interest
2. Bankruptcy of a debtor
3. Applicability of:

- the SCRA (Servicemembers Civil Relief Act), 50 U.S.C. §§ 3901–4043, which updated and strengthened the former Soldiers' and Sailors' Civil Relief Act of 1940;

- the FDCPA (Fair Debt Collection Practices Act), 15 U.S.C. §§ 1692 et seq.; and

- other federal statutes

4. Statute of...