I just completed a seminar in Phoenix where lawyers from several states appeared --- except one --- Arizona. Did one for homeowners too and we discovered that nobody could find a lawyer who would take cases representing borrowers. And yet, as I have pointed out repeatedly, there are some lawyers around the country making literally millions of dollars and helping…[...]

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Posted in Eviction |

If you are living in a state with non-judicial procedures, it also allows judicial procedures. The ONLY time the non-judicial procedure should be used is in slam dunk cases, of which there are nearly none, so the Trustee on teh Deed of Trust is violating his fiduciary duty to the homeowner when he fails to do due diligence, discovering the…[...]

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Tags: conversion from non-judicial to judicial, foreclosure defense, foreclosure offense, judicial, non-judicial
Posted in Eviction |

Businesswoman avoids eviction By Sandy Hodson | Staff Writer Friday, October 03, 2008 An Evans woman whose business dealings set off a series of foreclosures and bankruptcies fended off eviction from her own home Thursday -- at least for now. storyPhotos(); U.S. Bankruptcy Court Judge Susan D. Barrett gave the local counsel for American Home Mortgage Servicing until next Thursday…[...]

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Tags: bankruptcy, chain of title, foreclosure defense, foreclosure offense
Posted in Eviction |

Author : Ron Houchins (IP: 68.153.147.169 , adsl-068-153-147-169.sip.asm.bellsouth.net) E-mail : r.houchins@yahoo.com Comment: I am a former attorney with experience in real estate litigation, foreclosure defense, consumer protections, including TILA, RESPA and related actions in both Federal and State Court. I offer legal document preparation at a reasonable cost for those who need help to stop their foreclosure by representing themselves.…[...]

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Law Offices of TIMOTHY McCandless 15647 Village Dr Victorville, Ca 92392 TEL (760) 733-8885; FAX (909)494-4214 California as of Sept 6, 2008 has added the following provisions that must be complied with prior to effectuating a foreclosure. It is hoped that lenders will work out things with borrowers as a result of this addition to civil code 2923.5. The lenders…[...]

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Tags: FORECLOSURE OFFESNE, NOTICE OF NON COMPLAINCE, RECORDING IN CALIFORNIA
Posted in Eviction |

Form Submitted by Jim McCandless, Esq. Editor's Note: This is the form to file under the new California law to stop the lender in its tracks when it ignores the new legal requirements. In my opinion, this form could arguably be used in other states as an adjunct to the filing of a complaint alleging mortgage fraud on the part…[...]

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Tags: California law, foreclosure defense, foreclosure offense, lis pendens, Notice on non-compliance
Posted in Eviction |

The purpose of this is to confuse and confound the homeowner and any prospective attorney who sees the notice of sale or suit to foreclose. They use it because it works. Borrowers and any prospective attorney are intimidated by the array of moving chairs and parties and documents. As I continue through this journey through the maze created by lenders,…[...]

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The essential issue remains: who if anyone has a title interest under the security instrument? It would appear that many "lenders" have attempted to make various provisions for transferring the note since they knew they would be either selling it for money or using it to replace a non-performing loan under a pooling and service agreement. However, unless the recorded…[...]

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Tags: chain of title, foreclosure defense, foreclosure offense, quiet title, title
Posted in Eviction |

It might seem like a strange idea but it has been in the Uniform Commercial Code for Years and its predecessor. The usual rule is that the mortgage follows the note and the note follows the mortgage. But the UCC provides an exception for the operation of the parties intent, and by operation of law by inference. Start with this…[...]

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Tags: foreclosure defense, foreclosure offense, recordation of assignment
Posted in Eviction |

I have been thinking about this as the questions pile in. Here are my thoughts so far --- 1. Be careful with the Lehman bankruptcy and any other bankruptcy filing by one of the financial services companies that was even tangentially related to the process of the securitization of mortgages. Bankruptcy law has some features that are not apparent or…[...]

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Tags: bank failures, COMPETENCE OF A WITNESS, EIVDENCE, FORECLOSURE DEFESNE, foreclosure offense, FOUNDATION, PROOF, quiet title, securitization
Posted in Eviction |