As Russ Baldwin and other lawyers have pointed out, borrowers can raise and use TILA violations and maybe FDCPA violations defensively even if they are otherwise barred as affirmative claims. The way it works is simple — the affirmative defense of recoupment for violations of statute, if proven, result in an offset to the amount …
TILA Claims Can be Raised in Recoupment – Defensively Read More »
Posted by Nick Mermiges, Esq. MotionToStrikeAffirmativeDefenses Attorney Nick Mermiges (Miami, I think) has written an excellent article on motion practice which is very illuminating and extremely clear. In essence he has called out the bank lawyers who are filing motions to strike affirmative defenses and then using the law on summary judgment to argue their case. …
Summary Judgment by Ambush: Motion to Strike Affirmative Defenses Read More »
For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we …
For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …
Confronting the Ridicule of Counsel for the Bank Read More »
An ordinary individual finds a sack of promissory notes, and you might expect him to try to locate the owners of those notes. After all they are the equivalent of cash. But the banker sells the stolen notes with false assignments, insures them, gets them guaranteed with payment proceeds to himself and then settles with …
Courts Continue to Ratify Theft of Money and Documents by Banks Read More »
If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer …
2010/03/03 at 12:34pm IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.:16-2007-CA-00852-XXXX-MA DIVISION: CV-D DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff, vs. ERICO LOGAN, ET AL, Defendant. ______________________________/ DEFENDANTS ERICO LOGAN AND GLORIA BROOK’S ANSWER AFFIRMATIVE DEFENSES; COUNTERCLAIMS AND DEMAND FOR JURY TRIAL COME NOW, the separate Defendants …
Answer, Affirmative Defenses and Counterclaim by April Charney Read More »
