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Law students are taught only two forms of securitization: (1) divide an asset to sell to multiple investors or (2) divide ownership of the whole asset into multiple shares between investors. They are never taught anything about the dozens of other forms of securitization, most of which form the foundation of current practices. The main […]
Who or what is the real party in interest on Plaintiff’s side of the “v.” and what citizenship does that party hold. Despite its best efforts, the Court has not had those simple questions answered, questions that must be answered before any further proceedings or decisions are proper.”) citizenship of unincorporated associations must be traced […]
You think you sent it to XYZ, that it was received and processed by XYZ and XYZ issued that response. This is virtually NEVER true. In May 2022 the CFPB categorized FINTECH companies as servicers precisely because of what I described above. Did anyone take notice? No. “Defendants’ deceptive business practices caused many of these […]
This dispute is governed by Article 9 of the Vermont UCC, which covers secured transactions. Article 9 provides that a creditor has a secured interest in collateral when the interest attaches, meaning “when it becomes enforceable against the debtor with respect to the collateral.” 9A V.S.A. § 9-203(a). In general, a security interest becomes enforceable against […]
we hold Pennsylvania law recognizes the tort of aiding and abetting fraud, and the scienter requirement for this cause of action is actual knowledge of the underlying fraud. Consequently, the decision of the Superior Court is affirmed in part and reversed in part. The case is remanded to the trial court for a new trial […]
I have received many requests for representation from homeowners in various stages of their cases. These are coming in daily. I seek no referral fee. I only want lawyers who are in it to win it — not merely to seek a modification with companies who pretend to be lenders or represent lenders or successor […]
I have a limited roster of lawyers willing to consider engagement to defend foreclosure cases to win them, not just settle or modify then “loan.” I have agreed to triage the cases before referring them. Submit your complete and accurate information by submitting our registration form without any cost or obligation. The information will only […]
The problem is what financiers have said for centuries — he who controls the purse strings controls the politics. Periodically people force the financiers back from the front line of politics, but they always come back. I get emails from all parts of the political spectrum and I read all of them with a giant […]
MSRs are an abbrevation for a false label: Mortgage Servicing Rights. These rights are claimed by companies who eprform no servicing functions and receive no paymetns from heomwoners nor do they make any distributions to creditors. They are in it for the foreclosure, not the accounting and administration. While there is a certain value in […]
public officials are the only professionals in our society who (a) don’t need to be certified for knowledge, competence and character and (b) don’t need to maintain their education about legislation and law enforcement. I get lots of complaints (I call it whining) about the state of our laws and the lack of enforcement. It […]
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