class_action_against_boa1_kahlo HAMP Editor’s Note: Excellent Pleading on HAMP, TARP and related matters. They also bring up unjust enrichment which might also be applicable to the receipt and non-disclosure of third party payments. Good facts on illicit “modification” practices and the reasons why the modifications usually don’t become permanent. KAMIE KAHLO and DANIEL KAHLO, on behalf …
SO who is the beneficiary? We can’t take the word of the Trustee unless he has satisfied his duty to inquire. 33-810 Sale by public auction; postponement of sale A. On the date and at the time and place designated in the notice of sale, the trustee shall offer to sell the trust property at …
Only the Beneficiary May Make a Credit Bid at Auction Read More »
“the banks should not be allowed to be larger than the government’s ability to regulate them” If you ask someone about big government, they will probably tell you they don’t want government meddling in their personal business. What they really mean is that they don’t want ANYONE meddling in their lives. In reality, that opened …
April 15, 2010 In Forez v. Goldman Sachs Mortgage, Lexis 35099 (E.D Va. 2010) plaintiffs asserted that Defendants lacked “authority” to foreclose under Virginia’s non-judicial foreclosure statutes. Second, Plaintiffs argued that loan securitization bars foreclosure because securitization “splits” the Note from the Deed of Trust or because “credit enhancements” related to securitized notes absolve borrowers …
Virginia Court Gets It Wrong Forez v. Goldman Sachs Mortgage Read More »
