For further information please call 954-495-9867 or 520-405-1688 We have a pilot program for assistance with rescission --- past, present or future. Just call one of the numbers shown above. NOTE THAT THIS IS FOR GENERAL INFORMATION AND EXPRESSES THE OPINION OF THE WRITER. THIS SHOULD NOT BE USED A SUBSTITUTE FOR ADVICE FROM AN ATTORNEY LICENSED IN THE JURISDICTION…[...]
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For further information or assistance please call 954-495-9867 or 520-405-1688. We are starting a new pilot offering for those who are close readers of the blog. Call one of the numbers above and ask about our package of services relating to rescission either with respect to rescission letters previously sent or rescission letters that are being considered by borrowers. This…[...]
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For further information please call 954-495-9867 or 520-405-1688 ================== see 4th DCA Reive v Deutsch Trial by Ambush J Oftedal reversed DOC032515-001 Those of us who have been fighting this ground war have seen it again and again. The "corporate representative" is allegedly employed by the servicer. Nobody shows up representing the Plaintiff, except a lawyer who says he represents…[...]
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For further information please call 954-495-9867 or 520-405-1688 ======================= see Yvanova2014-Opening brief The short answer is YES. If a party initiates foreclosure proceedings based upon ownership of the loan, note and mortgage by a REMIC Trust, that ownership is based upon the express provisions of a trust instrument. And that trust instrument is the Pooling and Servicing Agreement (PSA). If…[...]
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For further information, please call 954-495-9867 or 520-405-1688 ===================== In a closed bankruptcy case, the debtor filed a motion to reopen it because the schedules were wrong --- resulting from an erroneous interpretation of the law regarding rescission. Hence the prior rescission was effective when mailed and thus there were significant assets in the bankruptcy estate that were unencumbered by…[...]
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At the request of Eric Mains, former FDIC employee, I am publishing his comments on the foreclosure situation and the the banking crisis. ACCEPTABLE CASUALTIES I thought quite a bit about what I would say regarding the experience of battling with a large bank for the last 6 years in a foreclosure action. One could complain about the forgery, the…[...]
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FDIC Employee Quits and Goes Public With Complaint Against Chase, WAMU, Citi and two law firms
Mar 25, 2015
For further information and assistance please call 954-495-9867 or 520-405-1688 ======================= See Eric Mains Federal Complaint see Mains - Table of Contents.petition 2 transfer On Monday Eric Mains resigned from his employment with the FDIC. He had just filed a lawsuit against Chase, Citi, WAMU-HE2 Trust, Cynthia Riley, LPS, WAMU, and two law firms. Since he felt he had a…[...]
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For further information please call 954-495-9867 or 520-405-1688 ==================== Suburb Brief Filed in California --- Arguments to be used in any state see Replybriefasfiled3-19-2015 Lawyers are getting better and better at confronting the specious arguments of the banks. The time is nearing when we realize as a nation that the foreclosure crisis was a sham --- a fraudulent scheme to…[...]
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For further information please call 954-495-9867 or 520-405-1688 ========================= see http://4closurefraud.org/2015/03/18/kaboom-bank-of-america-n-a-vs-pate-affirmed-homeowners-awarded-250000-in-punitive-damages-due-to-unclean-hands-and-fraud/ Just to piggy back on my article on Friday, it is awards like this that should give judges pause before they consider the documents presented by the banks in court to be worthy of any presumptions of authenticity, trustworthiness or credibility. And this is a case where the doctrine…[...]
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For further information please call 954-495-9867 or 520-405-1688 ====================== See http://www.natlawreview.com/article/five-years-later-palisades-still-causing-trouble-lenders The biggest problem I have with Judges, Lawyers and even borrowers is that they have failed to do the required research and analysis of the mortgage market and securitization schemes that have dominated our landscape since 1996. As a result they apply presumptions to which the foreclosing party is…[...]
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