Archives by Tag ' foreclosure defense '
“Failure to Add Indispensable” Parties: Why Not Raising This Defense in Your Client’s Mortgage Foreclosure Case May be a Ticket to a Legal Malpractice Claim This article is intended for attorneys who choose to defend a mortgage foreclosure action. As has been repeatedly published in this blog, in the great majority of instances we have […]
Until the past few months few lawyers, judges or legislatures ever considered the foreclosure process to be anything other than a ministerial process. What has now emerged in hundreds of cases across the country is the dismissal, many times with prejudice, of foreclosure actions because of fraudulent documents from the lender, payment in full on […]
The most interesting part of this article is that our theory that third parties were actually paying the loan payments due to third parties that had “purchased” the mortgage loans, is validated. This of couse presents an interesting problem in foreclosure defense: the defense of payment is now doubled — one for the money received […]
Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone […]
From: Whitman, Dale …. UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor’s Note: This is exactly what happened in a […]
the only way this is going to get “resolved” is that homeowners who fight, will probably get clear title to their homes, the mortgage will be removed as an encumbrance, the debt is extinguished, and the owners of asset backed securities get paid, if they fight, by the parties in the chain of securitization, their […]
Mortgage ruling could shock U.S. banking industry Mon Jun 30, 2008 8:14pm BST By Gina Keating – Analysis LOS ANGELES (Reuters) – A lawsuit filed by a Wisconsin couple against their mortgage lender could have major implications for banks should a U.S. appeals court agree that borrowers can cancel their loans en masse when their […]
AUDITS, REPORTS AND DEMANDS DO NOT STOP NOTICES OF SALE, FORECLOSURES, JUDGMENTS, SALES OR EVICTIONS. ONLY AN ORDER ENTERED BY A JUDGE OF COMPETENT JURISDICTION CAN HAVE THAT EFFECT. Our objective is to get to as many people as possible who were or are effected by the mortgage meltdown practices between 2001-2008. We are allowing […]
FLORIDA GETS PECULIAR AGAIN: It was about 40 years ago that a decision out of a Florida court or a statute passed by the Florida legislature was taken to mean nothing in terms of precedent or national law. After that they passed many laws and created many court decisions that served as models for the […]
GO LAWYERS GO!!! — OHIO PRECEDENT TAKES HOLD AND SPREADS Lawyers’ tactic slows rate of forfeited houses in New Jersey Posted by kcocuzzo June 25, 2008 00:05AM Aaton Houston/For the Star-LedgerBill Daddio and Theresa Scilla, who live in Matawan, avoided a sheriff’s sale of their home when their lawyer challenged the bank trustee’s right to […]
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