New York

Top New York Judge Urges Greater Legal Rights for the Poor

Editor’s Note: Judge Lippman is certainly onto something here. There is no doubt that the poor get the short end of the stick when it comes to legal matters. Whether this will have any effect on foreclosures is a question that cannot be answered as yet. With more people moving into the poverty level due …

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NY JUDGE AWARDS $155,092.00 TO Pro Se HOMEOWNER for Wells Fargo Trespass

By JEFFREY ARLEN SPINNER, J.S.C, New York jfm33137@aol.com NY JUDGE AWARDS $155,092.00 TO HOMEOWNER Wells Fargo v Tyson Decided on March 5, 2010 Supreme Court, Suffolk County Wells Fargo, Plaintiff against Steven E. Tyson, SUSAN L. TYSON, LEITH ANN TYSON, LINDSAY TYSON and KYRA TYSON, Defendants 2007-28042 Richard Femano, Esq. Fein Such & Crane L.L.P. …

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Mortgage Insurer Asks Court to Bless Claim Denials

Lawsuits like this one have been on the rise as ever more mortgages default. It is no secret that the housing market boom fostered poorly underwritten mortgages, in which it was common that a borrower’s income was inflated or never documented. Insurers are denying the claims on many loans, asserting they are not liable to …

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Rescission: Equitable Estoppel Validated in 2006 Case

a special relationship may exist between defendants, who possess specialized knowledge and experience in the field of mortgage refinance, and plaintiff, a homeowner without any training or education in mortgage refinance. Based upon the parties’ vast difference in knowledge, there are issues of fact whether plaintiff’s reliance on defendants’ misrepresentations was justified. (See Fresh Direct, …

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Foreclosure Defense: New York Judge Gets It HSBC v Valentin N.Y. Sup., 2008

Also submitted by: mortgagefrauds@aol.com 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 trace your note and mortgage to the real party in …

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