Archive for 'Corruption' Category
Baker Donelson Mortgage Newsletter – Summer 2013 I recommend following the articles at www.jdsupra.com. From what I have read so far, these people are knowledgeable and they write well. The latest is the changes in Florida law, and while the tactics to deal with these changes are not revealed (for good reason), the changes are […]
With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]
Mellon Bank v Shaffer Ohio Appeals Ct Says You can’t Fix Jurisdiction In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed. This could have substantial effects on non-judicial states […]
Now that I am actively practicing law I see the reasons for the anger and recriminations regarding the conduct of proceedings involving foreclosure. But whether the judge likes it or not the law is very clear regarding a condition precedent to the filing of foreclosure action. The borrower must receive notice. The notice must state […]
Editor’s Note: These are not all the statutes that apply, but Rob Harrington has gone to the trouble of compiling the statutes that probably do apply to most mortgages in cases where they are subject to claims of transfer of ownership and securitization into an asset pool. This is worth keeping on hand: Rob Harrington […]
One of the interesting things about the news media and its relationship with the Wall Street banks is that the real events happening out in the marketplace are completely disregarded by virtually everyone if the event would encourage similar efforts to challenge or replace the toxic mortgages that litter the landscape of the financial marketplace. […]
Now that Federal Reserve is nearly done buying the worthless mortgage bonds, the banks have shown that they are in fact making money hand over fist and the government is feeling less fearful about toppling the financial system with financial regulation. Based upon my interview with a highly placed well-informed source who prefers to […]
WHAT IS THE EFFECT OF SETTLEMENTS, BUY-BACKS AND FEDERAL RESERVE BUYOUTS? We hear these stories of settlements, purchases by the Fed, buybacks — but what they are buying and which mortgages are affected is never disclosed. Meanwhile the marketplace and the judicial system are functioning as though none of this activity was happening. First of […]
There many ways to win a case, so what I am saying in this article should be taken in the context of a larger reality where lawyers are winning hearings and winning the entire case using their own style, strategies and tactics. And it is equally true that any case management plan, regardless of the […]
A number of people have been contacting me about the work of people other than my company that produces reports and analysis and expert witnesses and my law firm, Garfield, Gwaltney, Kelley and White based in Tallahassee. My first rule is that I don’t attack or smear anyone who might provide some service that has […]
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