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February 2, 2010

The Trustee Has a Duty to Cancel the Underlying Note After Sale!!

9 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

From Sal Danna Kerivan v. Title Ins. & Trust Co., 147 Cal. App. 3d 225 – Cal: Court of Appeals, 2nd Dist., Div. 4 1983 How this document has been cited —stating that a trustee ” `is the agent of all the parties to the escrow… and bears a fiduciary relationship to each of them.’”- …

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Rescission: Equitable Estoppel Validated in 2006 Case

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a special relationship may exist between defendants, who possess specialized knowledge and experience in the field of mortgage refinance, and plaintiff, a homeowner without any training or education in mortgage refinance. Based upon the parties’ vast difference in knowledge, there are issues of fact whether plaintiff’s reliance on defendants’ misrepresentations was justified. (See Fresh Direct, …

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