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Expert Analysis

Don't Waste 'Bad Faith Waste' Claims In Foreclosure Recovery

Law360, New York (November 6, 2015, 11:31 AM EST) -- With many properties being valued lower than the balance amount of the loans which they secure, it is critical that every viable avenue of recovery be investigated. Traditionally, the lender proceeds with a nonjudicial foreclosure, takes the property back and attempts to resell it for the maximum amount possible. However, there may be other avenues of recovery that are being overlooked. One of those is a claim for bad faith waste....

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