See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, …
Florida 2d DCA Gets It — Rules of Evidence Prevail! Read More »
In virtually all cases you will not find a person with any relationship to the creditor, investor, or pool. This is because servicers, trustees and other firms in the securitization chain are proceeding on their own initiating foreclosures without instructions, knowledge or any documentation from the creditor, investor or pool. Editor’s Note: Greyhawk is of …
In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. …
NOW AVAILABLE OF AMAZON/KINDLE! EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH. This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points: MERS is not a beneficiary even if the mortgage deed or deed of trust states …
Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, …
How to Search for the Trust or SPV Claiming Your Loan to Be Part of the SPV Pool Read More »
QUESTION: 1. A friend of mine let me see his papers he received from the Attorney’s office that’s the trustee for a bank that’s foreclosing on him. One of the papers that sent was titled Allonge. On the paper it says: PAY TO THE ORDER OF NEW CENTURY MORTGAGE COMPANY _______________________________________ without recourse Company Name: …
FROM FAQ: Allonge, assignments and moving the note and mortgage around Read More »
