cases-dismissed-for-lack-of-standing-1 AmericanBrokersConduitvZAMALLOAJudgeSCHACK11Sep2007 AmericanBrokersConduitvZAMALLOAJudgeSCHACK28Jan2008 AuroraLoanServicesvMACPHERSONJudgeFARNETI11Mar2008 BankofNYNAvSINGHJudgeKURTZ14Dec2007 BankofNYNAvTORRESJudgeCOSTELLO11Mar2008 BankofNYNAvOROSCOJudgeSCHACK19Nov2007 CitiMortgageInc.vBROWNJudgeFARNETI13Mar2008 CountrywideMortgagevBERLIUKJudgeCOSTELLO13Mar2008 DeutscheBankv.Barnes-JudgmentEntry DeutscheBankv.Barnes-WithdrawalofObjectionsandMTD DeutscheBankvALEMANYJudgeCOSTELLO07Jan2008 DeutscheBankvBenjaminCRUZJudgeKURTZ21May2008 DeutscheBankvYobannaCRUZJudgeKURTZ21May2008 DeutscheBankvCABAROYJudgeCOSTELLO02Apr2008 heBankvCASTELLANOS2007NYSlipOp50978UJudgeSCHACK11May2007 heBankvCASTELLANOS2008NYSlipOp50033UJudgeSCHACK14Jan2008 DeutscheBankvCLOUDEN2007NYSlipOp51767UJudgeSCHACK18Sep2007 DeutscheBankvEZAGUIJudgeSCHACK21Dec2007 DeutscheBankvGRANTJudgeSCHACK25Apr2008 DeutscheBankvHARRISJudgeSCHACK05Feb2008 DeutscheBankv.LaCrosse,Cede,DTCComplaint DeutscheBankvNICHOLLSJudgeKURTZ21May2008 DeutscheBankvRYANJudgeKURTZ29Jan2008 DeutscheBankvSAMPSONJudgeKURTZ16Jan2008 GMACMortgageLLCvMATTHEWSJudgeKURTZ10Jan2008 GMACMortgageLLCvSERAFINEJudgeCOSTELLO08Jan2008 HSBCBankUSANAvCIPRIANIJudgeCOSTELLO08Jan2008 HSBCBankUSANAvJACKJudgeCOSTELLO02Apr2008 IndyMacBankFSBvRODNEY-ROSSJudgeKURTZ15Jan2008 LaSalleBankNAvCHARLEUSJudgeKURTZ03Jan2008 LaSalleBankNAvSMALLSJudgeKURTZ03Jan2008 PHHMortgageCorpvBARBERJudgeKURTZ15Jan2008 PropertyAssetManagementvHUAYTA05Dec2007 Rivera, In Re ServicesLLCvSATTAR2007NYSlipOp51895UJudgeSCHACK09Oct2007 USBankNAvAUGUSTEJudgeKURTZ27Nov2007 USBankNAvGRANTJudgeKURTZ14Dec2007 USBankNAvROUNDTREEJudgeBURKE11Oct2007 USBankNAvVILLARUELJudgeKURTZ01Feb2008 WellsFargoBankNAvHAMPTONJudgeKURTZ03Jan2008 Wells Fargo,Litton Loan v. Farmer WITH PREJUDICE Judge Schack June2008 Wells Fargo […]

Tags: foreclosure defense and offense
Posted in Eviction |

SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!! In my Saturday morning studies I ran across the following article that got me to thinking about how exhausted we are mentally, physically, […]

Tags: blame, bravery, cowardice, foreclosure defense, fraud, Lieberman
Posted in Eviction |

October 23, 2008 Alan Greenspan was wrong today when he said that investors did not look critically enough at the ratings. Finance is based upon trust, and these companies had been trustworthy for many decades. Here is the real story. The very notion of pooling is and was illegal. Allocation of payments, recording statutes, recording […]

Tags: Appraisal, foreclosure defense, foreclosure offense, fraud, GREENSPAN, TOXIC WASTE
Posted in Eviction |

It is a central point of the discussion on securitization that usury lies at the heart of every claim. Unfortunately many states have eliminated usury laws but still maintain maximum interest laws, which can be used to state that the loan violates the state law on the maximum interest that can be charged. While the […]

Tags: fiduciary duty, foreclosure defense, foreclosure offense, identity theft, usury
Posted in Eviction |

GOOD COMMENT FROM AngellaMorning@aol.com THIS IS SIMILAR TO THE NOTICE TO TRUSTEE AND NOTICE OF NON-COMPLIANCE FOUND ON THE BLOG. THE ATTORNEY IS SUPPOSED TO PERFORM DUE DILIGENCE. IF HE/SHE DID, THEN HE/SHE WOULD KNOW THAT THE FACTS ARE NOT QUITE AS SIMPLE AS THE DEMAND LETTERS, NOTICES OF DELINQUENCY, NOTICES OF DEFAULT AND FORECLOSURE […]

Tags: ATTORNEY DUE DILIGENCE, BARRETT DAFFIN FRAPPIER TURNER AND ENGLE, DEBT COLLECTOR, FIRST HORIZON HOME LOANS, LLP, TEXAS FINANCE CODE CHAPTER 392 SECTION 6, TEXAS LAW, TRUSTEE DUE DILIGENCE
Posted in bubble, Eviction |

I just completed a seminar in Phoenix where lawyers from several states appeared — except one — Arizona. Did one for homeowners too and we discovered that nobody could find a lawyer who would take cases representing borrowers. And yet, as I have pointed out repeatedly, there are some lawyers around the country making literally […]

Posted in Eviction |

If you are living in a state with non-judicial procedures, it also allows judicial procedures. The ONLY time the non-judicial procedure should be used is in slam dunk cases, of which there are nearly none, so the Trustee on teh Deed of Trust is violating his fiduciary duty to the homeowner when he fails to […]

Tags: conversion from non-judicial to judicial, foreclosure defense, foreclosure offense, judicial, non-judicial
Posted in Eviction |

Businesswoman avoids eviction By Sandy Hodson | Staff Writer Friday, October 03, 2008 An Evans woman whose business dealings set off a series of foreclosures and bankruptcies fended off eviction from her own home Thursday — at least for now. storyPhotos(); U.S. Bankruptcy Court Judge Susan D. Barrett gave the local counsel for American Home […]

Tags: bankruptcy, chain of title, foreclosure defense, foreclosure offense
Posted in Eviction |

Law Offices of TIMOTHY McCandless 15647 Village Dr Victorville, Ca 92392 TEL (760) 733-8885; FAX (909)494-4214 California as of Sept 6, 2008 has added the following provisions that must be complied with prior to effectuating a foreclosure. It is hoped that lenders will work out things with borrowers as a result of this addition to […]

Tags: FORECLOSURE OFFESNE, NOTICE OF NON COMPLAINCE, RECORDING IN CALIFORNIA
Posted in Eviction |

Form Submitted by Jim McCandless, Esq. Editor’s Note: This is the form to file under the new California law to stop the lender in its tracks when it ignores the new legal requirements. In my opinion, this form could arguably be used in other states as an adjunct to the filing of a complaint alleging […]

Tags: California law, foreclosure defense, foreclosure offense, lis pendens, Notice on non-compliance
Posted in Eviction |