payment

Az Federal Judge Strikes at Heart of Nonjudicial Foreclosure, Denies OneWest Motion to Dismiss

For further information or assistance, please call 954-495-9867 or 520-405-1688 ————————————– See OWB CASE Buffington v USBank_MTD Denied incl FDCPA 28USDC AZ CAUTION: NOT ALL JURISDICTIONS ALLOW THE SAME CAUSES OF ACTION. CHECK WITH ATTORNEY WHO IS LICENSED IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED. A Federal Judge upheld a Complaint against OneWest …

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Tax "break" about to expire on debt "forgiveness"

Editor’s Comments on policy: Depending upon what Congress does between now and the end of the year the waiver of a tax on debt forgiveness as ordinary income will expire. My take is that it should expire and that at the same time the debt should be reduced by virtue of payments received or due …

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Appraisal Fraud: Triaxx Inching Toward the Truth

Editor’s Comment: At the heart of the entire scam called securitization was the abandonment — in fact the avoidance of repayment of the loans. The idea was to make bigger and bigger loans without due any evidence of due diligence, so that the “lender” could claim plausible deniability and more importantly, make a claim for …

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It's the title, Stupid!

“What is surprising is the fresh evidence these cases are turning up of cockeyed mortgage practices, during both the boom and the bust. As these matters are adjudicated, perhaps we will finally learn whether these practices were intended or accidental.” — Gretchen Morgenson, NY Times Editor’s Analysis: Gretchen Morgenson has latched onto the key element …

It's the title, Stupid! Read More »

Payment, Not Magic Satisfies Obligations: Stop Saying You Don't Owe the Money

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Stopa’s article runs to the heart of the matter and it’s time WE faced the reality that payment, not magic, discharges what you owe. And the other reality is that if you try to win your entire case in preliminary hearings, …

Payment, Not Magic Satisfies Obligations: Stop Saying You Don't Owe the Money Read More »

Minnesota Prepares to Sue A Debt Collection Agency: Robosigning

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM “The Minnesota attorney general, Lori Swanson, accused Encore of fraud, saying it had filed false affidavits to collect consumer debt that was not owed or had been already paid off.” HUGE POTENTIAL EFFECT ON FORECLOSURES EDITOR’S COMMENT: The significance here is not just that robo-signing was used, which violates …

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ESTOPPEL LETTER: CALLING THEIR BLUFF — Interesting Anecdotal Evidence

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary “This reminds me of when we were asking for assignments and indorsements on loans that were not behind in the payments and they couldn’t come up with it. We realized that the only time those documents surfaced was in litigation years after the supposed assignment …

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Ambac Clients May Receive 25 Cents on Dollar in Cash

Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two …

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Credit Default Swaps Defined and Explained

Editor’s Comments: Everyone now has heard of credit default swaps but very few people understand what they mean and fewer still understand their importance in connection with the securitization of residential mortgage loans and other types of loans.The importance of understanding the operation of a CDS contract in the context of foreclosure defense cannot be …

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