150,000 people are receiving letters now telling them that their second tier mortgages are "eliminated." Whether BOA has the authority to do this depends upon whether they are the creditor in those loans. They may be the creditor in some of them but I suspect that the loans cannot be proven in any chain of title, chain of documents or…[...]
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Here is one way of handling the shell game. This could be split up into bite sized pieces and then filed one at a time, but then you might lose the flavor of it. The interesting thing about this pleading is that it takes the pleading and affidavits of the forecloser and uses it against them. The affidavit for summary…[...]
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"If, however, the transaction does not coincide with the parties’ bona fide intentions, courts will ignore the stated intentions.19 The analysis of ownership cannot merely look to the agreements the parties entered into because the label parties give to a transaction does determine its character.20 Consequently, the analysis must examine the underlying economics and the attendant facts and circumstances to…[...]
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It might strike a note of dissonance when you realize that all the knowledge, facts and theories are well-known by title experts and they are teaching mostly correct things to lawyers. The problem is not whether the information is being disseminated. The problem is that the Lawyers are either not paying attention at these seminars or they are refusing or…[...]
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Case No 57430 Edelstein v Bank of New York Mellon "to proceed with the nonjudicial foreclosure of an owner-occupied residence, the party seeking to foreclose must demonstrate that it is both the beneficiary of the deed of trust and the current holder of the promissory note." Editor's Analysis: Once again, poor understanding of the securitization process as set forth in…[...]
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Don't Panic About the Tax Part of Short-Sale
Oct 1, 2012
This is not a legal opinion that you can rely upon and I don't represent you nor have I looked at anything in your case. Check with an experienced tax lawyer or accountant and you'll find loopholes large enough to move an ocean liner. The realtors are jumping up and down saying sell now or you will run into tax…[...]
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"If we know with certainty that misrepresentation to investors lies at the heart of the so-called securitization scheme, why is it so hard for Judges and lawyers to believe that misrepresentation to homeowners lies at the heart of the origination of the loans that were the most important part of the securitization scheme? In fact, why is it so hard…[...]
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Deny and Discover Getting Increasing Traction
Sep 28, 2012
To schedule a telephone conference with Neil in any state except Florida you need an attorney on the line who is licensed in the jurisdiction in which the property is located. The conference is recorded and sent to the lawyer and client. Schedule Your Conference Today! The strategy is simple. Whatever can be denied with any colorable basis for the…[...]
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Editor's Comment and Analysis: So here we are with trillions in unreported profits resulting from illegal trades. The setting is almost identical to AL Capone who went to jail for income tax evasion and died there from syphilis. Based upon information in the public domain and those subject to disclosure through freedom of information laws, a clever guy went to…[...]
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New Mexico Gears Up for Widening Foreclosure War
Sep 28, 2012
The State of New Mexico is seeing a sudden increase in foreclosures, indicating the widening war on homeowners and the middle class by banks who don't know the meaning of enough. It is not merely hope we offer the homeowners in New Mexico, it is the likelihood that it will get increasingly difficult for foreclosers to win their cases if…[...]
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