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Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended

1 Comment / burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, investment banking, Judicial notice, Modification, Mortgage, Pleading, Presumptions, Servicer, sham transactions / By

Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers.  Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] …

Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended Read More »

It's time to reassess the role of investment banks, originators, servicers and other players claiming "securitization" before the next foreclosure tidal wave.

3 Comments / Bailout, boarding process, burden of pleading, CDO, common law rescission, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, forensic investigation, forgery, investment banking, Investor, jurisdiction, legal standing, Modification, Mortgage, originator, Pleading, Presumptions, prima facie case, securities fraud, Servicer, sham transactions, standing / By

Since foreclosures are about to start another meteoric rise, this would be a good time to write a new article on what went wrong the last time, what is going on now, and what is still likely to go wrong this time. * I know that some of the rantings on the internet seem like the …

It's time to reassess the role of investment banks, originators, servicers and other players claiming "securitization" before the next foreclosure tidal wave. Read More »

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