Once a trial has been conducted, there can never be another trial with the same parties disputing the same facts and issues. The only exception is a court order vacating the judgment AND ordering further proceedings to determine all or some of the facts. The bottom line is that the rules permitting the filing of […]

Tags: DEBT COLLECTOR, Federal court, motion for summary judgment, motion to vacate, reconsideration, rehearing
Posted in foreclosure defenses |

If they had been successful the entire question of whether the Trustee could be named as the foreclosing party would have been off the table — if other courts followed suit. And the entire question of “debt purchasing” could never have been raised despite obvious flaws and defects in fabricated paperwork. Get a consult! 202-838-6345 […]

Tags: Christiana, DEBT COLLECTOR, debt purchasers, MCALA, Pennymac, substitution of plaintiff, Substitution of Trustee, trust companies, trustee, Ventures Trust, Wilmington
Posted in Uncategorized |

Editor’s Note: Thanks to poster C. Anderson who says, “This is a technically correct but bad decision, as Dayen shows. The statutory language desperately needs to be updated. Until then, consumers should be taught how to exercise proof of claim demands. A consumer has no contract with a debt buyer; an assigned debt for consideration […]

Tags: DEBT COLLECTOR, FDCPA
Posted in Uncategorized |

Such rulings from appellate courts undermine confidence in the judicial system for those who are victims of wrongdoing and reinforce the confidence and arrogance of those committing the wrongs that they will get away with it. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION […]

Tags: beneficiary, DEBT COLLECTOR, foreclosure trustee, servicer, Substitution of Trustee
Posted in Uncategorized |

Judicial Arrogance and Intolerance Keeps leading back to the same point — that TILA Rescission is not common law rescission. Yet Judges continue to rule on TILA rescission as though it were common law rescission. Here again the 9th Circuit confirms what the Supreme Court of the United States has already said — neither tender […]

Tags: 9TH CIRCUIT, common law rescission, DEBT COLLECTOR, FDCPA, lawsuit, tender, TILA rescission, Vien-Phuong Ho, voluntary dismissal
Posted in Uncategorized |

GOOD COMMENT FROM AngellaMorning@aol.com THIS IS SIMILAR TO THE NOTICE TO TRUSTEE AND NOTICE OF NON-COMPLIANCE FOUND ON THE BLOG. THE ATTORNEY IS SUPPOSED TO PERFORM DUE DILIGENCE. IF HE/SHE DID, THEN HE/SHE WOULD KNOW THAT THE FACTS ARE NOT QUITE AS SIMPLE AS THE DEMAND LETTERS, NOTICES OF DELINQUENCY, NOTICES OF DEFAULT AND FORECLOSURE […]

Tags: ATTORNEY DUE DILIGENCE, BARRETT DAFFIN FRAPPIER TURNER AND ENGLE, DEBT COLLECTOR, FIRST HORIZON HOME LOANS, LLP, TEXAS FINANCE CODE CHAPTER 392 SECTION 6, TEXAS LAW, TRUSTEE DUE DILIGENCE
Posted in bubble, Eviction |