AZ APPELLATE COURT REVERSES FORCIBLE DETAINER (EVICTION)

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM

see case decision BANK OF NEW YORK MELLON V PATRICIA DE MEO: CV100177(2)

COURTS MOVING CLOSER TO STRICT APPLICATION OF FEDERAL LAW

Only six months ago the courts were very dismissive of defenses field by homeowners and tenants despite the application of numerous Federal laws designed to protect consumers, borrowers, homeowners and tenants.

The significance of this case is simply that (a) it comes from an appeals court, not a trial court, so it has the power of precedent and persuasiveness (b) it reverses what was once a slam dunk for the pretender lenders and (c) the court is giving notice that self-serving representations by counsel, affidavits that do not conform with statute and anything else that does not conform with statute will be strictly construed because we are talking not about some minor event, but the removal of a person from where they live.

Tags: Bank of New York Mellon, creditor, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, MERS, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |