Based upon the submission from Sal, it would appear that the identity theft statutes apply in every element. It might behoove you to go down to the police station and file a complaint for ID theft, in addition to including it in your defensive pleadings and counterclaim against the party foreclosing or attempting to foreclose your property: 1. Any person…[...]

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Tags: foreclosure defense, foreclosure offense, identity theft
Posted in Eviction |

FROM FAQ RECENT ENTRY: > Comment: > Interesting idea, although flawed. > > Your title insurance company will only process a claim if there has been a loss (or an imminent danger of one. i.e., an attack on the title), and only then if it is not of the insured's doing (or could have been prevented through action by the…[...]

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Tags: ACTUAL KNOWLEDGE, cloud on title, TITLE AGENT LIABILITY, title insurance
Posted in Eviction |

The title agent that performed your closing probably was aware that securitization of your loan was in process and therefore knew that the real parties in interest and the fees paid between undisclosed parties had not been disclosed to you and in fact were actively hidden, because you would have known that the nature of the transaction you thought you…[...]

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Tags: cloud on title, foreclosure offense, notice to title agent, title agent, title policy
Posted in Eviction |

According to the stats, it appears as though there are around 400 lawyers using the blog as a resource. Most of them use the material without posting any comments or results. So now I want you guys to return the favor. I had a thought that I'd like some feedback on. The typical case of identity theft involves getting the…[...]

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Tags: foreclosure offense, identity theft
Posted in Eviction |

From FAQ new entry: > Comment: > I meant to ask this question in my post... > > Our refinance in May 06 paid off the previous mortgage. I did not receive my original note back from my previous lender. I believe a lender is liable for any assigned loan, and I have read articles on lender liability in a…[...]

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Tags: foreclosure offense, lost note, note, PREDATORY LOANS
Posted in Eviction |

SEE foreclosure-defense-objecting-to-trustee-sale NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. GENERALLY IT SHOULD BE SENT…[...]

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Tags: 3 day rescission, foreclosure defense, foreclosure offense, general claims rescission, three year recission
Posted in Eviction |

Wherever possible we are in favor of getting a mortgage audit, review, evaluation and initial letters sent out as part of a single package before or at the same time that you hire a local licensed attorney. We are having something of a challenge getting people who do "audits" to conform to the checklist of the Garfield Continuum but we…[...]

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Tags: audit, foreclosure defense, foreclosure offense, rescission, three-day rescission
Posted in Eviction |

To all lawyers who dismissed the idea that they could make money representing homeowners in dispute with their lenders, consider this, by way of example, in addition to the 350 people who have officially walked away with clear title to their homes --- many of them acting pro se. Jury gives woman $1.25M in lawsuit over mortgage Baltimore Business Journal…[...]

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Tags: foreclosure defense, foreclosure offense, predatory
Posted in Eviction |

New California Law Requires Additional Steps For Foreclosures Effective July 8, 2008, the State of California enacted new requirements for foreclosures on owner-occupied properties, as well as a new requirement for eviction of tenants by the purchaser at a foreclosure sale. The new law applies to residential mortgage loans that were made between January 1, 2003 and December 31, 2007…[...]

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Tags: foreclosure defense
Posted in Eviction |

So the only way you can protect yourself in a short sale or modification is to either deal with the real parties in interest, or to get indemnification from the party offering to accept the short sale or modification AND a new title policy that does not state exceptions to the securitization process. In order to be sure that the…[...]

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Tags: foreclosure defense, foreclosure offense, modifications, securitization, short sales, title agent, title insurance
Posted in bubble, Eviction |