Archives by Tag ' bankruptcy '
QUESTION/COMMENT: ANSWERS IN BOLD A client in NorCal was referred to me. She took out an 80/20 loan first and second for about $650,000 total in 2005. She has paid over $150,000 towards interest, payments and fees. SEE APPRAISAL FRAUD, CNN ARTICLE FOR 2005, APPRAISAL FORUM SPEECH FROM 2006, RECENT POSTS. TITLE COMPANY/TRUSTEE, LENDER AND […]
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 […]
I NEED LAWYERS IN ALL FIFTY STATES TO REFER CASES TO. WE ARE TALKING MONEY AND WINNING HERE NOT CHARITY AND LOST CAUSES. BUT YOU NEED TO KNOW THE PLAN, PLAN THE WORK AND WORK THE PLAN. EMERGENCY WORKSHOP ANNOUNCEMENT COMING UP FOR SEPTEMBER 4 DVD ARGUMENTS IN PRODUCTION DOCUMENTARY IN PRODUCTION BOOK FOR LAYMAN […]
Based upon the following, and assuming that the the entire single transaction from sale of the ABS to “sale” of the loan to the borrower consists of a basket of securities, some of which should have been registered, had a prospectus, right to rescind, etc., and based upon the disclosure requirements of public companies who […]
Remember that rescission doesn’t mean you give back the house. It doesn’t even mean you have to give back the money to the lender against whom you are rescinding — THAT obligation commences AFTER the lender admits to the rescission or it is otherwise decreed and then it is reduced by the refunds of points, […]
BK Judge Rules Stated Income HELOC Debt Dischargeable by Tanta This is a big deal, and will no doubt strike real fear in the hearts of stated-income lenders everywhere. Our own Uncle Festus sent me this decision, in which Judge Leslie Tchaikovsky ruled that a National City HELOC that had been “foreclosed out” would be […]
Strategic Comment: There are two ways for you stop foreclosure, sale and eviction dead in its tracks. One is to file bankruptcy under Chapter 13 which is an opportunity for debtors to reorganize their payments to creditors. An automatic stay goes into effect immediately upon filing with the Bankruptcy Court. Creditors who say or do […]
We are still in process of revising our manuscript for publication with all the forms we can think of. Here is a summary of our findings thus far. Generally we have two types of jurisdictions — the non-judicial sale jurisdictions and the mortgage foreclosure jurisdictions. California, Arizona and Nevada are non-judicial sale jurisdictions as are […]
We have received several urgent/emergency requests from people who are so far along in the process of this mortgage meltdown, that they feel hopeless and helpless. We can’t give you a magic bullet, but things are not quite as bad as they seem. As for stopping the eviction —- Yes, it is POSSIBLE: It depends […]
From a reader: I was running errands with my Mother the other day when she told me the amount My Father and her paid for their first house, in Seattle, the year I was born-1976. It was $15,000. I waned to throw up. I know inflation happens and I don’t expect things to remain at […]
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