Archive for 'Eviction' Category
Aug 2, 2008

You could be up to date in all your payments. Your billing proves it. And yet, the person (Mr. Investor) who loaned you the money for your mortgage is not getting the payments. This person steps forward and says you owe all the payments from the date of the loan, including interest, late payments, late […]

Aug 1, 2008

Cancel That Mortgage: The Grounds By L. Jed Berliner, Springfield Bankruptcy Attorney on Jul 31, 2008 in Consumer Protection, Massachusetts, Mortgages, Predatory Lending Mortgages can be cancelled in a process called rescission. Here’s an overview. Grounds for exercising this right given borrowers by Congress are found in problems with the mortgage closing documents for a […]

Aug 1, 2008

In the homeowner’s war, the battlefield is taking shape, A prime area of engagement is whether the securitization process represents a series of independent transactions (lender’s position) or that all the transactions should be aggregated (BORROWER’S POSITION) and treated as a single transaction. For reasons explained more fully below, it is our opinion that the […]

Jul 31, 2008

Case for Discussion at Foreclosure Workshop on 9/4/08 in Santa Monica King’s County Case: Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually […]

Jul 31, 2008

Go Davet GO!!!!!! The Court House:
 How One Family
 Fought Foreclosure By AMIR EFRATI
December 28, 2007; Page A1 BEACHWOOD, Ohio — Faced with the threat of foreclosure, many homeowners give up and abandon their homes. Then there’s Richard Davet. He and his wife, Lynn, lived in a six-bedroom home in this Cleveland suburb for nearly 20 years […]

Jul 31, 2008

One of the key elements of the attack on the “lender” is fraud in the inducement and fraud in the execution of the loan documents. A central point to the attack is that the borrower was correctly, reasonably and legally (TILA) relying on the mortgage broker (state law and regulation), the lender (TILA, state law […]

Jul 30, 2008

It isn’t rocket science: Stop the foreclosures and you stop the bleeding for our economy. For each one of you that exercises your many rights to defend your property and attack the validity of the mortgage and note, you are not only doing yourself a huge favor, you are doing the economy a favor. The […]

Jul 29, 2008

So is there any doubt as to criminality? In Florida, Agency Gave Mortgage Licenses to Thousands of Ex-Cons by Paul Kiel – July 29, 2008 11:08 am EDT Tags: Florida, Housing, Mortgage Fraud, Mortgage Industry, Mortgages, Subprime Mortgages, Subprime Mortgages and Ratings Agencies Scandal As we detailed yesterday, the Justice Department is pursuing a wide […]

Jul 28, 2008

In all probability this person was foreclosed by a party who didn’t have any right to do so.  By the way, PHH advertises itself as private labeling outsource mortgage solutions which means in simple terms, they sell the loans. From Huffington Post: A few days before Congress passed its Housing Bill, Carlene Balderrama of Taunton […]

Jul 28, 2008

Here is a good resource for any legal attack based upon the loss to the homeowner derived from property that was over-appraised. It was a systemic symptom the the Mortgage Meltdown. Nearly every deal was appraised over the purchase price. But the purchase price is the first indicator of the fair market value arrived at […]