Archive for 'bubble' Category
New research suggests that when a home’s value falls below 75 percent of the amount owed on the mortgage, the owner starts to think hard about walking away, even if he or she has the money to keep paying. See the whole article in New York Times. Extensive discussion of the issue. It’s beginning to […]
From Sal Danna Kerivan v. Title Ins. & Trust Co., 147 Cal. App. 3d 225 – Cal: Court of Appeals, 2nd Dist., Div. 4 1983 How this document has been cited —stating that a trustee ” `is the agent of all the parties to the escrow… and bears a fiduciary relationship to each of them.’”- […]
a special relationship may exist between defendants, who possess specialized knowledge and experience in the field of mortgage refinance, and plaintiff, a homeowner without any training or education in mortgage refinance. Based upon the parties’ vast difference in knowledge, there are issues of fact whether plaintiff’s reliance on defendants’ misrepresentations was justified. (See Fresh Direct, […]
Editor’s Note: 180787_86_opinion Lehman My reading of this report is that the underlying principle of the ADDITION of conditions and co-obligors changed the homeowner’s note from being negotiable to non-negotiable. This decision doesn’t say that but the underlying reasoning leads me to believe that we are on the precipice of a paradigm shift in the way […]
Editor’s Note: Reality has a nasty way of getting in the way of solutions, especially when the solutions are theoretical, and even worse when the theories are wrong. These are the wrong assumptions: The Worst is over. In fact, we have the probability of at least 7 million MORE homes that will be foreclosed, causing […]
See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]
Florida Bankers Association, controlled by national and supersize regional banks are trying to convert Florida to a “non-judicial state.” DON’T LET IT HAPPEN!!!! Start writing letters and get others to write letters to the Republican controlled Florida legislature. This effort will not only deny homeowners essential rights it will vastly increase the pace of foreclosure […]
See DEUTSCHEBANKv BANKOFAMERICA This is an action for (1) damages for breach of contract resulting from BOA’s failure to secure and safeguard over $1.25 billion worth of cash and mortgage loans that it was contractually obligated to secure on behalf of DB and (2) contractual indemnity for the losses caused by BOA’s negligent performance of […]
Editor’s Comment: Lawyers Take Notice! This is a career, not just a niche. Real Estate Bull Laub Sees Unprecedented Workout From Bad Debt By Beth Williams and Stuart Bern Jan. 13 (Bloomberg) — Kenneth Laub has been through three commercial real estate boom and bust cycles during almost five decades as a broker and consultant […]
From Christopher Very first page of closing jacket reads, and I quote: “Two complete closing packages –one for you to open and review prior to your closing –one for your closing agent to open (please keep this package sealed until your closing agent arrives).” also, quote: “At the scheduled closing meeting, the closing agent will […]
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