NOTE: This case reads like law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that …
What is the difference between the note and the debt? What difference does it make? Read More »
I’m sharing the wording I use in my TERA and Case Analysis reports now. I think the benefit of this wording is that it fills in the blank on who is the real creditor (owner of the debt). Hopefully it answers the following informal question lurking in the context of mortgage litigation: “If the parties …
Whilst researching something else I ran across the following article first published in 2010. Upon reading it, it bears repeating. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- WHAT IF …
Banks Fighting Subpoenas From FHFA Over Access to Loan Files Read More »
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New Mexico Supreme Court: No Standing for Deutsch Read More »
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What to Do When the "Original" Note is Proferred Read More »
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ALLONGES, ASSIGNMENTS AND ENDORSEMENTS: THE REAL DEAL Read More »
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By Collete McDonald Editor’s Note: Ms. McDonald hits the nail on the head with this article. You should incorporate it word for word in any relevant memoranda. Why is this important? Because most of the “notes” (assuming they were the real notes and were timely indorsed and not back-dated) are presented as having been indorsed …
The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff …
Re-Orienting the Parties to Clarify Who is the Real Plaintiff Read More »
