The promise by some title search vendors of a cheap lawsuit that will get rid of your mortgage is generally not based in reality. You might be able to beat a foreclosure with title issues but you probably won’t get rid of the mortgage or deed of trust without pleading and proving that the mortgage […]

Tags: actual damages, DECLARATORY RELIEF, foreclosures, infrastructure, punitive damages, quiet title, title defects, title report, turnkey
Posted in Uncategorized |

FDCPA & FCCPA Claims Gaining Traction: Lessons from Goodin v. Bank of America Across the country, homeowners are increasingly finding success under the Fair Debt Collection Practices Act (FDCPA) and state-level consumer protection laws such as Florida’s FCCPA. A clear example is Goodin v. Bank of America (M.D. Fla.), where Judge Corrigan issued a carefully […]

Tags: actual damages, ATTORNEY FEES, Bank of America, costs, disclosure, emotional distress, FCCPA, FDCPA, foreclosure defense, fraud, Goodin, Medical bills, punitive damages, statutory damages
Posted in Bankruptcy |

The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising […]

Tags: 12 U.S.C. § 1461, 12 U.S.C. § 2601, 15 U.S.C. § 1692, actual damages, bankruptcy, common law defamation, defense, emotional distress, et seq. (“FDCPA”), et seq. (“RESPA”), Fair Debt Collection Practices Act, federal preemption, HERS, Home Owners’ Loan Act of 1933, INDYMAC, late fees, LLC, Motion Practice, MOTION TO DISMISS, noneconomic damages, Ocwen Loan Servicing, Office of Thrift Supervision (“OTS”), OneWest, Pleading, qualified written request, quiet title, Real Estate Settlement Practices Act, removal, RESPA, slander, slander of title, state action, State Law Claims, TILA
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |