Archive for 'Eviction' Category
NO worries really. The causes of action are mostly Federal and can be brought in Federal Court under Federal law. ANd the law is unworkable after the borrower has filed suit in state court or Federal Court. I might add that Judges, Sheriffs, and others are wary of the constitutionality of laws enabling the lender […]
This is a developing resource for attorneys and borrowers to assist them in creating strategies and tactics in foreclosure defense and offense. Assistance and comments regarding bankruptcy jurisdiction is also covered. Bottom Line: The procedure invoked by the mortgage meltdown scheme defrauded investors (false ratings and insurance) in asset backed derivative securities, who were the […]
Financial Services Bad News Banks Liz Moyer, 05.29.08, 3:00 PM ET The number of troubled U.S. banks is rising. The outlook: more pain as the credit crisis enters its second wave. The Federal Deposit Insurance Corp. (FDIC) is now tracking 90 “problem” banks, 18% more than in the fourth quarter and the most in almost […]
The FBI seems to be assuming that all mortgage fraud is by borrowers, appraisers and mortgage brokers. The perception is that the lenders were victims. Sometimes that is true, but most of the time it isn’t. Prosecutors fail to note that in virtually every case, the lender knew exactly what was going on and went […]
Steven of Portsmouth, VA (05/24/08) My mortgage was on military allotment and Chase said that they had not received payment several times that they had, or they would hold payments saying thet they weren’t received until there were late fees due. I ended up in foreclosure with nobody believing that I was being ripped off […]
In 1999 we purchased a cozy 3 br. home with the help of Citi Financial. We had 2mortgages on this home. Our payments were high,which was due to our past credithistory, but we were on the way to cleaning our credit up that is until I became very ill and then developed an injury on top of […]
HERE IS AN OUT-OF-THE BOX OFFENSIVE PROCEDURE WE PROPOSE. YOUR COMMENTS APPRECIATED. IT IS BASED UPON THE ASSUMPTION THAT THE LENDER ASSIGNED OR TRANSFERRED OR SOLD THE MORTGAGE AND NOTE RIGHT AFTER THE CLOSING ON YOUR TRANSACTION. LOGICALLY THEN THE PERSON TO WHOM YOU WOULD ADDRESS YOUR TILA, FRAUD, AND DECEPTIVE AND UNFAIR PRACTICES CLAIMS […]
it is a lesson again to practitioners like myself who were convinced there was no answer to the “final order” conundrum: No matter how crazy the tactic might sound, you’re only wrong if you lose. Appeal Your Own Victory? Yes, Indeed! By Wendell Sherk, Missouri Attorney on Jun 2, 2008 in Bankruptcy Cases of Interest,Bankruptcy Practice and Procedure, Chapter […]
Remember that rescission doesn’t mean you give back the house. It doesn’t even mean you have to give back the money to the lender against whom you are rescinding — THAT obligation commences AFTER the lender admits to the rescission or it is otherwise decreed and then it is reduced by the refunds of points, […]
The good news is that there are people out there who are looking to help you. The bad news is that most of them are not out to help you but rather to help themselves. Check references carefully. Beware of big promises and too little information. Foreclosure defense in the mortgage meltdown and credit crisis […]
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