The issue is jurisdiction. Lawyers filed papers for AWL but AWL was dissolved as a corporation. The lawyers countered with the allegation, on appeal, that AWL was a fictitious name for Countrywide without specifying the location of CW. Hence no diversity of jurisdiction could be supported by the allegations in the notice for removal. The …
9th Circuit Inches Toward Decision of "America's Wholesale Lender" Read More »
I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a …
The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that …
Lateral Appeal in BKR to District Judge Often Overlooked Read More »
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. Our services consist mainly of the following: 30 minute Consult — expert for lay people, legal for attorneys 60 minute Consult — expert for lay people, legal for attorneys Case review and analysis …
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 »
Mellon Bank v Shaffer Ohio Appeals Ct Says You can’t Fix Jurisdiction In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed. This could have substantial effects on non-judicial states …
FOR REPRESENTATION IN OHIO CALL OUR CUSTOMER SERVICE NUMBER 520-405-1688. Click Now to Consult with Neil Garfield In a well-reasoned and well-written opinion, the Supreme Court of the State of Ohio analyzed the questions of standing and real party in interest — two doctrines that are all too often used interchangeably. They lead to different …
Ohio S. Ct: Standing is jurisdictional at the beginning of the foreclosure Read More »
From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …
USE THIS AS A GUIDE FOR DISCOVERY, FORENSIC ANALYSIS AND MOTION PRACTICE TO COMPEL DISCLOSURE see for this example SHARPS%20CDO%20II_16.08.07_9347 Comments in Red: THIS IS A PARTIAL ANNOTATION OF THE PROSPECTUS. IF YOU WANT A FULL ANNOTATION OF THIS PROSPECTUS OR ANY OTHER YOU NEED AN EXPERT IN SECURITIZATION TO DO IT. THERE ARE THREE …
Discovery, Forensic Analysis and Motion Practice: The Prospectus Read More »
Case for Discussion at Foreclosure Workshop on 9/4/08 in Santa Monica King’s County Case: Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually …
Foreclosure Defense: King's County, New York Case Thrashes Lenders Read More »
