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nonjudicial foreclosure

Chase-WAMU: Is it time to Declare Non Judicial Foreclosure Unconstitutional As Applied?

19 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, evidence, Fabrication of documents, FDIC, foreclosure, foreclosure defenses, forensic investigation, jurisdiction, legal standing, Pleading, prima facie case, Servicer, sham transactions, standing, Statutes / By

Faced with a notice of foreclosure sale from a company claiming to be the trustee on a deed of trust, homeowners in judicial states are forced to defend using well known facts in the public domain that are not evidence in a court of law. This is particularly evident in scenarios like the Chase WAMU …

Chase-WAMU: Is it time to Declare Non Judicial Foreclosure Unconstitutional As Applied? Read More »

Here it is: Nonjudicial Foreclosure Violates Due Process in Complex Structured Finance Transactions

265 Comments / Corruption, education, escrow agent, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority …

Here it is: Nonjudicial Foreclosure Violates Due Process in Complex Structured Finance Transactions Read More »

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