From the comments — this is the kind of proactive behavior needed. Don’t just go along with the “procedure.” Let people know the title is not good. File what you can in the county records as a property filing, legal filing or whatever you can. CJ-Pro Se Ingenuity If you didn’t get help, this may …
OCTOBER 2008 NEWSLETTER ADVOCATES FOR JUSTICE ADVOCATES TEAM just stopped Countrywide’s foreclosure of homeowner in the San Bernadino, CA. area today. A temporary restraining order was granted stopping the scheduled foreclosure sale for Oct. 20th. A preliminary hearing is set for Nov. 3rd on the issue of a preliminary injunction, the stopping of the sale …
One new answer we are getting when we ask for the identity of the real holder in due course of the note is “that information is confidential. You are not entitled to that.” Of course this is ridiculous — if you signed a note and it has been “assigned” to some third party, you have …
The New York Times Story Below shows the coming wave of defaults and additional credit problems to hit. Think about it — where did the money come from for those teaser rates at 0% on credit cards for one year or more. It came from investors who thought they were buying a performing asset at …
I’m sure many clients have had some conversation or asked for advice concerning their financial situation and in particular their homes. I am the author of this blog site — www.livinglies.wordpress.com — that seeks to aid people who are the victims of illegal lending practices. Most attorneys are passing up an unparalleled opportunity to earn …
Challenge To Lawyers to Make Money — or do you like stress? Read More »
SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!! In my Saturday morning studies I ran across the following article that got me to thinking about how exhausted we are mentally, physically, …
October 23, 2008 Alan Greenspan was wrong today when he said that investors did not look critically enough at the ratings. Finance is based upon trust, and these companies had been trustworthy for many decades. Here is the real story. The very notion of pooling is and was illegal. Allocation of payments, recording statutes, recording …
It is a central point of the discussion on securitization that usury lies at the heart of every claim. Unfortunately many states have eliminated usury laws but still maintain maximum interest laws, which can be used to state that the loan violates the state law on the maximum interest that can be charged. While the …
If you are living in a state with non-judicial procedures, it also allows judicial procedures. The ONLY time the non-judicial procedure should be used is in slam dunk cases, of which there are nearly none, so the Trustee on teh Deed of Trust is violating his fiduciary duty to the homeowner when he fails to …
Businesswoman avoids eviction By Sandy Hodson | Staff Writer Friday, October 03, 2008 An Evans woman whose business dealings set off a series of foreclosures and bankruptcies fended off eviction from her own home Thursday — at least for now. storyPhotos(); U.S. Bankruptcy Court Judge Susan D. Barrett gave the local counsel for American Home …
Form Submitted by Jim McCandless, Esq. Editor’s Note: This is the form to file under the new California law to stop the lender in its tracks when it ignores the new legal requirements. In my opinion, this form could arguably be used in other states as an adjunct to the filing of a complaint alleging …
The essential issue remains: who if anyone has a title interest under the security instrument? It would appear that many “lenders” have attempted to make various provisions for transferring the note since they knew they would be either selling it for money or using it to replace a non-performing loan under a pooling and service …
It might seem like a strange idea but it has been in the Uniform Commercial Code for Years and its predecessor. The usual rule is that the mortgage follows the note and the note follows the mortgage. But the UCC provides an exception for the operation of the parties intent, and by operation of law …
Foreclosure Offense and Defense: Separation of Mortgage from Note Read More »
FROM TIM MCLANDLESS Most all foreclosures in California can be set aside. The power of sale by non judicial means is contained in the civil code 2932. In order to be valid the assignment must be recorded California civil code 2932.5. Most all notices of default recorded by the “Sub-Prime” lenders have not recorded an …
QUESTION: I have an interesting problem with a foreclosure action that was just brought to my attention. The borrower went into default in August of 2007. The “lender” on the note and mortgage was Countrywide Home Loans, Inc. The mortgage had the usual MERS language. Countrywide was kept on as servicer. The borrower went into …
It seems that my Texas readers have done some research of their own regarding my recent posting about using identity theft and mortgage fraud as a solid claim with teeth to go after individuals and corporations who tricked you into the mortgage terms that nobody could pay or will pay. Hi Neil: After reading your …
Foreclosure Offense and Defense: Identity Theft Catching ON Read More »
At the suggestion of a certain non-lawyer I know, I did some research and uncovered the following, which is now resting comfortably in Garfield’s Glossary: Common-law lien Created by a sworn affidavit, and filed for a few dollars at the recording office where your property is located, it is a lien under common law giving …
Foreclosure Defense and Offense: Common Law Liens Read More »
Submitted by Gator Bradshaw, Esq., Florida Attorney. Raises some interesting causes of action for Mortgage Fraud and ID Theft. Originally lobbied by lenders, this was to protect them from unscrupulous borrowers and conspiracies with mortgage brokers et al. Now it seems they violated the very same laws they fought so hard to get on the …
Turning the Tables: Using ID Theft and Mortgage Fraud Against the Banks Read More »
Based upon the submission from Sal, it would appear that the identity theft statutes apply in every element. It might behoove you to go down to the police station and file a complaint for ID theft, in addition to including it in your defensive pleadings and counterclaim against the party foreclosing or attempting to foreclose …
Foreclosure Offense and Defense: Identity Theft Might be the Keystone Read More »
SEE foreclosure-defense-objecting-to-trustee-sale NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. …
THREE DAY RESCISSION, THREE YEAR RESCISSION AND GENERAL RESCISSION Read More »
Wherever possible we are in favor of getting a mortgage audit, review, evaluation and initial letters sent out as part of a single package before or at the same time that you hire a local licensed attorney. We are having something of a challenge getting people who do “audits” to conform to the checklist of …
To all lawyers who dismissed the idea that they could make money representing homeowners in dispute with their lenders, consider this, by way of example, in addition to the 350 people who have officially walked away with clear title to their homes — many of them acting pro se. Jury gives woman $1.25M in lawsuit …
New California Law Requires Additional Steps For Foreclosures Effective July 8, 2008, the State of California enacted new requirements for foreclosures on owner-occupied properties, as well as a new requirement for eviction of tenants by the purchaser at a foreclosure sale. The new law applies to residential mortgage loans that were made between January 1, …
California Law Gives Very little Help to Borrowers Read More »
So the only way you can protect yourself in a short sale or modification is to either deal with the real parties in interest, or to get indemnification from the party offering to accept the short sale or modification AND a new title policy that does not state exceptions to the securitization process. In order …
