Archive for 'Eviction' Category
Mar 20, 2010

BofA Title claims BofA Wants $535M From Title Insurers By DAN MCCUE CHARLOTTE, N.C. (CN) – Bank of America claims mortgage insurers owe it more than $535 million for losses it suffered when the housing bubble burst. BofA, which bought the poster boy of the subprime lending fiasco, Countrywide Financial, 2 years ago, says title […]

Mar 19, 2010

With the Obama administration and private lenders actively considering mortgage-principal-reduction programs to help financially distressed homeowners, the Internal Revenue Service has issued an advisory to taxpayers who receive — or seek to receive — such assistance if it’s offered. Editor’s Note: The only thing I would add to this, for the moment, is that any […]

Mar 18, 2010

Vargas_MTD_Tentative1 Judge Buford in Bankruptcy Court has no problem seeing the real issues. Here he is again stating that MERS has no standing and that MERS is confused as to whether it is acting in is own behalf or as agent for the note holder. He further makes it clear that the loan is not […]

Mar 18, 2010

“(T)he differences between the values ascribed to these properties and the prices at which the properties were sold in foreclosure are significantly greater than the declines in house prices in the same geographical areas over the same periods,” Editor’s Comment: BINGO! Use this complaint for both discovery and as a pleading guide. Send me a […]

Mar 17, 2010

Submitted by BMcDonald Most of us are trying to get the info from the banks, which they will not do unless forced. Well, now many of us can walk right in through the back door. FOIA requests! I fought for 7 months to get the bank to cough up the info and it only took […]

Mar 17, 2010

Max Gardner’s Protoge Achieved This result as Reported Max’s Current Newsletter: Editor’s Note: Most of what we have seen reported indicates that although TILA is clear in is legislative expression that NO TENDER is required for the rescission remedy under TILA, Judges don’t like it. It seems they feel that Big Bad Borrowers are taking […]

Mar 16, 2010

Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of […]

Mar 16, 2010

Editor’s Note: to most Judges and most lawyers the thought that a home could be foreclosed by the wrong party, or that there could be a declaration of default on a satisfied mortgage, and that these things could lead to sale of a home by a bank or other party that doesn’t own it to […]

Mar 15, 2010

Editor’s Note: Here is where the foreclosure or mortgage analysts get separated — the ones who understand the process of securitization and the ones who don’t. I received this from a pro se litigant in a case where Wells Fargo identified itself as the creditor/lender (as usual, not true). In fact Wells denied that the […]

Mar 15, 2010

Tony, I got an interesting email to my blog BUT when I replied POOF they disappeared! I have been researching this for a bit now. I need information on the following tip: “Deutsche Bank National Trust passed the certificate to the administator of the main trust Maples Finance Limited, You want to check out Indymac […]