At what point does a final decision of SCOTUS actually mean anything? When confronted with TILA rescission, virtually all lower courts, state and federal, have taken up legislating from the bench, essentially over-ruling the Supreme Court of the United States (literally legally impossible). Agree or disagree — everyone has that right. But to obey or …
RESCISSION: Reviewing Wells Fargo v Frazee, NJ App. Read More »
The thousands of trial court and appellate decisions that have hung their hat on illegal assignments being “voidable” demonstrates either a lack of understanding of common law business trusts or an adherence to a faulty doctrine in which homeowners pay the price for fraudulent bank activities. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message …
I was recently requested to review a 6th Circuit Opinion in which the court stated that the rescission was barred by res judicata — i.e. that the matter had already been litigated and that the homeowner was therefore barred from bringing it up again. * The Court never considered that it was wrong in the …
Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. I know how hard it is to let go of something that you really want to believe in. But for practical reasons I consider it unwise to continue on the QT path until we can find a …
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE MORTGAGE IS VOID NOT JUST VOIDABLE MISSISSIPPI BKR TRUSTEE TURNS THE TABLES ON BANKS: STATES NO EVIDENCE REQUIRED TO PROCEED TO DECLARE THE LIEN IS VOID SEE BROTHERS V BAC ET AL Memorandum Brief Partial Summary Judgment FINAL-1 SEE BROTHER V TRUSTMARK-BAC ET …
BKR TRUSTEE SEEKS TO VOID THE LIEN (MORTGAGE): BAC NOT A CREDITOR Read More »
33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for …
AZ STATUTE DEFINES BENEFICIARY and CREDIT BID: NOT "NOMINEE" Read More »
