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 »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LAWYER OVERCOMES PRESUMPTION OF VALIDITY OF TRUSTEE DEED IN UTAH SEE BOA-RECONTRUST FACE JUDICIAL FORECLOSURE IN NON-JUDICIAL STATE EDITOR’S NOTE: BOA and Recontrust, their puppet “substitute trustee” have stumbled into a quagmire and attorney John Christian Barlow has seized the opportunity to shine …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE FULL MOTION FOR REMAND HERE—> 2011-08-01, Motion to Remand to the Arizona Superior Court for Maricopa County – 2 The form attached is from a pro se litigant whom I consider to be particularly savvy in the ways of Court and the …
Motion for Remand: Tool for Counteracting the Notice of Removal Read More »
The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising …
Padget v OneWest – IndyMac Provides some insight into RESPA remedies Read More »
