For further information please call 954-495-9867 or 520-405-1688. =================================== see Assignees of Debt May Not Charge Usurious Rates in the State of the Borrower This is a decision with extremely far reaching consequences. Practically all debt now is subject to claims of securitization. Thus most "loans" are assigned and/or sold or transferred to a third party. It has been assumed…[...]

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For more information please call 954-495-9867 or 520-405-1688 ================================ see [embed]http://www.4dca.org/opinions/Jan%202015/01-07-15/4D13-2224.op.pdf[/embed] The drill is always the same. Leading the witness, the bank's attorney asks his robo-witness questions about the "records" the lawyer wants to put in evidence. And the records are admitted despite numerous objections from the Defendant. And the 4th DCA Florida has affirmed this exception to the hearsay…[...]

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For more information on common law rescission, TILA Rescission and foreclosure defenses please call 954-495-9867 or 520-405-1688 THIS IS NOT A LEGAL OPINION ON ANY ONE PARTICULAR CASE. GET A LAWYER, BUT INSIST THAT HE OR SHE  DO THOROUGH ANALYSIS BEFORE HE OR SHE GIVES AN OPINION. =========================================== THERE IS NOTHING CONTINGENT ABOUT TILA RESCISSION "EFFECTIVE" MEANS GAME OVER, IT'S…[...]

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see http://www.insidearm.com/daily/debt-collection-news/debt-collection/oral-arguments-in-cfpb-v-hanna-suggest-long-road-ahead/ Wall Street investment banks have distanced themselves from the loan originations and further distanced themselves from the purchase and sale of loans. The lawyers who represent the players in the chain have succeeded, up till now, in distancing themselves from the collection and enforcement practices emanating from their own firm. The CFPB has filed suit against a law…[...]

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For more information please call 954-495-9867 or 520-405-1688 =============================== see http://www.jdsupra.com/legalnews/foreclosure-notices-subject-to-fdcpa-52752/ It should not be news that FDCPA claims apply to default and other foreclosure notices. But the judicial bias exists, based upon the premise that it doesn't matter who is owed money or how much; or there is the background policy assumption that the brunt of bank misbehavior should…[...]

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For more information on rescission, our rescission package or any other topic, please call 954-495-9867 nor 520-405-1688. =================================== Rescission enforcement actions are the next really big thing. Its effect is to immediately unencumber the property from any claims of lien or mortgage and any claim on the note which is void and must be returned marked "cancelled". If the parties…[...]

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Tags: 20 day window, ENFORCEMENT OF RESCISSION, Jesinowski, Reg Z, rescission, TILA
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Holder vs. Holder in Due Course: What Florida Homeowners Need to Know For further information please call 844.583.5339(This article, like all content on this blog, is not a substitute for legal advice. Always consult with a licensed attorney in the jurisdiction of your property or transaction.) The Crucial Distinction: Pleading vs. Proof There is a big difference between alleging you…[...]

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Tags: Florida UCC, HOLDER, holder in due course, Pleading, PROOF
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays More than 20,000 people listen to the Neil Garfield Show. Maybe you should too. ============================================================= RESCISSION: I have received hundreds of requests and questions. It boils down to one thing — the rescission IS EFFECTIVE the moment it is dropped in…[...]

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see http://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2014cv08175/433701/48/ HSBC was sued by Blackrock et al for breaches of duties as Trustee of RMBS Trusts. U.S. District Court Judge Shira Scheindlin has ruled that while the Plaintiff may amend, causes of action were sufficiently stated, leaving the Bank facing at least $34 Billion in damages relating to losses allocated to investors. There are actually three complaints, but…[...]

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For further information please call 954-495-9867 or 520-405-1688 =========================== see Glaski_Affidavit-Thomas-Adams_5-15 Hat tip to Dan Edstrom, Senior Forensic analyst for livinglies. Thomas Adams, whose name sounds like one of the founding fathers, has submitted an affidavit as an expert witness in the Glaski case in California. He is completely qualified as an expert in securitization practices and documentation. He was…[...]

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Tags: ownership of loans, ownership of mortgages, ownership of notes, REMIC trusts
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