Archive for 'Eviction' Category
The essential issue remains: who if anyone has a title interest under the security instrument? It would appear that many “lenders” have attempted to make various provisions for transferring the note since they knew they would be either selling it for money or using it to replace a non-performing loan under a pooling and service […]
It might seem like a strange idea but it has been in the Uniform Commercial Code for Years and its predecessor. The usual rule is that the mortgage follows the note and the note follows the mortgage. But the UCC provides an exception for the operation of the parties intent, and by operation of law […]
I have been thinking about this as the questions pile in. Here are my thoughts so far — 1. Be careful with the Lehman bankruptcy and any other bankruptcy filing by one of the financial services companies that was even tangentially related to the process of the securitization of mortgages. Bankruptcy law has some features […]
lehman-web-of-originators-servicers-and-depository-institutions Dear Neil; Good News, Pro Bono: I have been contacted by a local law firm that is contemplating within the next several weeks to motion the Lehman Bankruptcy Courts to Appoint a Borrowers Committee for all borrowers who are otherwise unrepresentative in the Lehman Bankruptcy! This is very good news! The law firm will […]
FROM TIM MCLANDLESS Most all foreclosures in California can be set aside. The power of sale by non judicial means is contained in the civil code 2932. In order to be valid the assignment must be recorded California civil code 2932.5. Most all notices of default recorded by the “Sub-Prime” lenders have not recorded an […]
QUESTION: I have an interesting problem with a foreclosure action that was just brought to my attention. The borrower went into default in August of 2007. The “lender” on the note and mortgage was Countrywide Home Loans, Inc. The mortgage had the usual MERS language. Countrywide was kept on as servicer. The borrower went into […]
Comment: I had commented previously on your impressive website, and now I would like to try to give a little encouragement to California residents facing foreclosure. Don’t be discouraged if you can’t afford an attorney. It may take a lot of reading and research but there is hope. It doesn’t matter how slim that thread […]
A lot of people are asking me what I think of the current proposal to bailout of the economic mess we are in. The Wall Street Journal and other mainstream media are now explicitly referring to us as a subprime government. Nobody is impressed with a plan that will cost, in actuality, at least the […]
It seems that my Texas readers have done some research of their own regarding my recent posting about using identity theft and mortgage fraud as a solid claim with teeth to go after individuals and corporations who tricked you into the mortgage terms that nobody could pay or will pay. Hi Neil: After reading your […]
At the suggestion of a certain non-lawyer I know, I did some research and uncovered the following, which is now resting comfortably in Garfield’s Glossary: Common-law lien Created by a sworn affidavit, and filed for a few dollars at the recording office where your property is located, it is a lien under common law giving […]
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