Archives by Tag ' affirmative defenses '
As Russ Baldwin and other lawyers have pointed out, borrowers can raise and use TILA violations and maybe FDCPA violations defensively even if they are otherwise barred as affirmative claims. The way it works is simple — the affirmative defense of recoupment for violations of statute, if proven, result in an offset to the amount […]
Posted by Nick Mermiges, Esq. MotionToStrikeAffirmativeDefenses Attorney Nick Mermiges (Miami, I think) has written an excellent article on motion practice which is very illuminating and extremely clear. In essence he has called out the bank lawyers who are filing motions to strike affirmative defenses and then using the law on summary judgment to argue their case. […]
For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we […]
For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]
An ordinary individual finds a sack of promissory notes, and you might expect him to try to locate the owners of those notes. After all they are the equivalent of cash. But the banker sells the stolen notes with false assignments, insures them, gets them guaranteed with payment proceeds to himself and then settles with […]
If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer […]
2010/03/03 at 12:34pm IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.:16-2007-CA-00852-XXXX-MA DIVISION: CV-D DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff, vs. ERICO LOGAN, ET AL, Defendant. ______________________________/ DEFENDANTS ERICO LOGAN AND GLORIA BROOK’S ANSWER AFFIRMATIVE DEFENSES; COUNTERCLAIMS AND DEMAND FOR JURY TRIAL COME NOW, the separate Defendants […]
I found an excellent article by an excellent writer I would like to share with you. It underscores the importance of the requiring the lender to prove the original note, the ownership of the note and mortgage and the alleged non-payment. There is much more. If you are involved in a foreclosure or you are […]
SEE GARFIELD’S GLOSSARY AND TACTICAL GUIDELINES https://livinglies.me/glossary-mortgage-meltdown-and-foreclosure/ THE UNDERLYING THEME OF THE MORTGAGE MELTDOWN WHICH HAS SIGNIFICANCE TO FORECLOSURE DEFENSE IS THAT FOR EACH “LOAN” TRANSACTION THERE WERE CORRESPONDING INVESTMENTS IN ONE OR MORE ASSET BACKED SECURITY, BOTH (MORTGAGE AND ABS) DEPENDENT ON EACH OTHER FOR THEIR CREATION. THE SPREADING OF RISK, THE OBLIGATION FOR […]
For general instructions on filing an answer, see this link. Remember that an answer is not the same as an affirmative defense and an affirmative defense is not the same as a counterclaim. In most cases for foreclosure and even bankruptcy you should be prepared to file an answer, affirmative defenses, and counterclaim, in state […]
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