https://www.law.com/dailybusinessreview/sites/dailybusinessreview/2018/02/14/attorney-fee-debate-heats-up-as-florida-supreme-court-accepts-case/ “Whenever you’re dealing with attorney fees, it's a very sensitive issue," attorney Roy Oppenheim said. "The court should have known that they were going to create a ruckus and a firestorm." By Samantha Joseph | February 14, 2018 at 03:42 PM Florida Supreme Court in Tallahassee. A dispute over appellate attorney fees for prevailing borrowers in foreclosure cases is now…[...]
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https://www.propublica.org/article/consumer-financial-protection-bureau-declaration-of-dependence#140472 Born as a fiercely independent agency meant to protect citizens, the Consumer Financial Protection Bureau has quickly been subsumed into the Trump administration. Banks, student-loan agencies and payday lenders are the winners. by Jesse Eisinger Feb. 15, 11:20 a.m. EST In early February, the Federal Reserve delivered its most significant punishment of a major bank in a generation, sanctioning…[...]
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Under current doctrine, banks can continually file baseless claims against homeowners until they win --- mostly because the homeowner does not have infinite resources. In the meanwhile each time the banks lose they are not liable for attorney fees. But if they win they get attorney fees under F.S. §57.105. If the homeowner prevails on the theory that the named…[...]
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The West Coast Foreclosure Show with Charles Marshall: Table Funded Loans, Consummation and the Courts
Feb 15, 2018
[caption id="attachment_54892" align="alignnone" width="301"] The West Coast Foreclosure Show[/caption] Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays NATIONSTAR_ALLEN Respondents Brief Attorney Charles Marshall and Investigator Bill Paatalo will discuss the issues resulting from table funding today on the West Coast Foreclosure Show. Table Funding is a legal theory of…[...]
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If you have received a message via FACEBOOK messenger inviting you to participate in some scheme requiring payment and asking you to text to a 337 area code in Louisiana, that is NOT FROM ME!!!! There is no scheme or plan generated by my office involving a "prize" or anything of the sort. DO NOT PAY The HACKER!! Apparently some…[...]
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The FDIC does not want to get into the middle of a court battle over the validity of ownership claims etc. Most endorsements and assignments occurring while the estate of a failed bank is in receivership are of dubious validity and often outright fraud. Chase for example claims ownership of loans when it suits them but denies ownership --- or…[...]
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Act Now: California Legislators take the Teeth out of the California Homeowner Bill of Rights
Feb 14, 2018
By Attorney Patricia Rodriguez 2013 vs. 2018: CALIFORNIA’S HOMEOWNER BILL OF RIGHTS: Due to no legislation being enacted/amended to extend borrower protections currently found within the Homeowner Bill of Rights ("HBOR") (2013) California borrowers have lost the following protections against often overzealous and aggressive mortgage/loan servicers: 1. On and after January 1, 2018, prior to recording an NOD, borrowers will…[...]
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TILA RESCISSION: The Bottom Line for Now
Feb 14, 2018
Probably the main fallacy of the people who say that TILA Rescission is not possible or viable is that they project the outcome of a lawsuit to vacate rescission. Based upon their conjecture, they assume that Rescission is no more than a technicality. Congress, and SCOTUS beg to differ. It was enacted into law 50 years ago in an effort…[...]
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The continuing bias in favor of the banks' fraudulent scheme of mortgages and foreclosures gives rise now to a nutty theory. The logic seems so obvious to the courts and yet it is erroneous. In a nutshell the theory goes, if a homeowner eventually proves that the parties attempting to foreclose have nothing to do with the loan, then the…[...]
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Evidence and Forensic Reports
Feb 12, 2018
Every once in a while it is helpful for the consumer to realize that a non lawyer giving advice or opinions about legal matters is like going to a nail salon for a medical opinion, or worse, treatment. There is a simple test for hiring a purported forensic investigator: Are they in close touch with attorneys who understand the law…[...]
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