The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty …
Impact of Serial Asset Sales on Investors and Borrowers Read More »
If only all courts would entertain the possibility that everything presented to them should be the subject of intense scrutiny, 90%+ of all foreclosures would have been eliminated. Imagine what the country would look like today if the mortgages and fraudulent foreclosures failed. The Banks say that if the mortgages failed they all would go …
Submitted by dan, whom I think is 100% right here: After a closer look at trust law (see Gilbert Law Summeries on Trusts by Edward C. Halbach Jr), the 4 critical elements of a trust are: 1. trust intent. 2. specific trust res or property. 3. properly designated parties. 4. valid and legal trust purpose. …
From http://www.mattweidner.com These statutes provide numerous regulations and requirements that entities engaging in trust activities should comply with, but the regulations are largely being ignored by the entities engaging in trust activities and both courts and the enforcing agency, the Florida Department of Financial Services, Editor’s Note: Matt Weidner is onto something here that has …
