There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to […]

Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

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Tags: adequacy of consideration, Arizona Revised Statutes, attorney general, Auction, AZ statute on mortgage fraud not enforced, bogus mortgage bond, borrower, chapter 23, claims of profits, class 2 felony, class 4 felony, closing table, cOMPLAINT, constitutional requirements, credit bid, creditors, default, discovery, due process, Evictions, foreclosure proceedings, foreclosures, free house, good faith, HAMP, hearing on the merits, homeowner, investment banks, lender, material facts in dispute, mediated settlement, mediation, modification, mortgage fraud, mortgage meltdown, pretender lender, Residential mortgage fraud; classifications; definitions in Arizona, rules of civil procedure, San Francisco, Section 1, section 13-2320, securitization chain, stranger to this transaction, suicides, Title 13, traditional workout
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