Cancel That Mortgage: The Grounds By L. Jed Berliner, Springfield Bankruptcy Attorney on Jul 31, 2008 in Consumer Protection, Massachusetts, Mortgages, Predatory Lending Mortgages can be cancelled in a process called rescission. Here’s an overview. Grounds for exercising this right given borrowers by Congress are found in problems with the mortgage closing documents for a residential second mortgage or refinanced…[...]

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Tags: bankruptcy, cancellations, foreclosure offense, right of rescission, unfair and deceptive trade practices
Posted in Eviction |

In the homeowner’s war, the battlefield is taking shape, A prime area of engagement is whether the securitization process represents a series of independent transactions (lender’s position) or that all the transactions should be aggregated (BORROWER'S POSITION) and treated as a single transaction. For reasons explained more fully below, it is our opinion that the transactions should be aggregated into…[...]

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Tags: binding commitment test, end result test, foreclosure defense, interdependence test, seminar, single transaction, step transaction doctrine, worshop
Posted in Eviction |

Case for Discussion at Foreclosure Workshop on 9/4/08 in Santa Monica King's County Case: Editor's Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender's side can actually trace your note and mortgage…[...]

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Tags: 14th Amendment and Due Process, Deutsch Bank, foreclosure defense, Goldman Sachs, HSBC, jurisdiction, KINGS COUNTY, MERS, Ocwen
Posted in Eviction |

Go Davet GO!!!!!! The Court House:
 How One Family
 Fought Foreclosure By AMIR EFRATI
December 28, 2007; Page A1 BEACHWOOD, Ohio -- Faced with the threat of foreclosure, many homeowners give up and abandon their homes. Then there's Richard Davet. He and his wife, Lynn, lived in a six-bedroom home in this Cleveland suburb for nearly 20 years when, in 1996, he was…[...]

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Tags: Davet, foreclosure defense, holder in due course, Ohio, ownership of mortgage, UCC Article 3
Posted in Eviction |

One of the key elements of the attack on the "lender" is fraud in the inducement and fraud in the execution of the loan documents. A central point to the attack is that the borrower was correctly, reasonably and legally (TILA) relying on the mortgage broker (state law and regulation), the lender (TILA, state law and regulation) and the appraiser…[...]

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Tags: disclosure, foreclosure defense, Lender Liability, over-appraisal, TILA
Posted in Eviction |

It isn't rocket science: Stop the foreclosures and you stop the bleeding for our economy. For each one of you that exercises your many rights to defend your property and attack the validity of the mortgage and note, you are not only doing yourself a huge favor, you are doing the economy a favor. The Fed doesn't get that because…[...]

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Tags: European Central Bank, Federal reserve, foreclosure defense, homeowner's war
Posted in Eviction |

So is there any doubt as to criminality? In Florida, Agency Gave Mortgage Licenses to Thousands of Ex-Cons by Paul Kiel - July 29, 2008 11:08 am EDT Tags: Florida, Housing, Mortgage Fraud, Mortgage Industry, Mortgages, Subprime Mortgages, Subprime Mortgages and Ratings Agencies Scandal As we detailed yesterday, the Justice Department is pursuing a wide array of prosecutions and investigations…[...]

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Tags: foreclosure defense, mortgage brokers, predatory lending
Posted in Eviction |

In all probability this person was foreclosed by a party who didn't have any right to do so.  By the way, PHH advertises itself as private labeling outsource mortgage solutions which means in simple terms, they sell the loans. From Huffington Post: A few days before Congress passed its Housing Bill, Carlene Balderrama of Taunton MA found her own solution…[...]

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Tags: foreclosure, PHH, suicide
Posted in Eviction |

Here is a good resource for any legal attack based upon the loss to the homeowner derived from property that was over-appraised. It was a systemic symptom the the Mortgage Meltdown. Nearly every deal was appraised over the purchase price. But the purchase price is the first indicator of the fair market value arrived at arm's length bargaining. Was everyone…[...]

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Tags: Appraisal, foreclosure defense, over-appraisal
Posted in Eviction |

Validating the strategies we have been promoting here, the latest is a Miami woman with a $100,000 mortgage. After years of struggle in foreclosure, Legal Aid got her a settlement: No mortgage, no note and a reverse mortgage, which means they gave her money to at least pay off the balance. Why? Because if they don't have the note, they…[...]

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Tags: bank of new york, foreclosure defense, lost note, settlement
Posted in Eviction |