Archives by Tag ' foreclosure offense '
Sep 20, 2008

Based upon the submission from Sal, it would appear that the identity theft statutes apply in every element. It might behoove you to go down to the police station and file a complaint for ID theft, in addition to including it in your defensive pleadings and counterclaim against the party foreclosing or attempting to foreclose […]

Sep 18, 2008

The title agent that performed your closing probably was aware that securitization of your loan was in process and therefore knew that the real parties in interest and the fees paid between undisclosed parties had not been disclosed to you and in fact were actively hidden, because you would have known that the nature of […]

Sep 18, 2008

According to the stats, it appears as though there are around 400 lawyers using the blog as a resource. Most of them use the material without posting any comments or results. So now I want you guys to return the favor. I had a thought that I’d like some feedback on. The typical case of […]

Sep 17, 2008

From FAQ new entry: > Comment: > I meant to ask this question in my post… > > Our refinance in May 06 paid off the previous mortgage. I did not receive my original note back from my previous lender. I believe a lender is liable for any assigned loan, and I have read articles […]

Sep 17, 2008

SEE foreclosure-defense-objecting-to-trustee-sale NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. […]

Sep 17, 2008

Wherever possible we are in favor of getting a mortgage audit, review, evaluation and initial letters sent out as part of a single package before or at the same time that you hire a local licensed attorney. We are having something of a challenge getting people who do “audits” to conform to the checklist of […]

Sep 16, 2008

To all lawyers who dismissed the idea that they could make money representing homeowners in dispute with their lenders, consider this, by way of example, in addition to the 350 people who have officially walked away with clear title to their homes — many of them acting pro se. Jury gives woman $1.25M in lawsuit […]

Sep 14, 2008

So the only way you can protect yourself in a short sale or modification is to either deal with the real parties in interest, or to get indemnification from the party offering to accept the short sale or modification AND a new title policy that does not state exceptions to the securitization process. In order […]

Sep 11, 2008

Government: If you think our problems are bad, wait until you see our solutions. Note: If you are planning to attend it would be wise to book now. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving […]

Sep 11, 2008

ALL OF THESE FORECLOSURES ARE TAINTED BY THE PROBABILITY THAT EVERYONE HAS RECEIVED PAYMENT BUT THEY ARE TRYING TO GET THE PROPERTY TOO AS WINDFALL TO ONE OR MORE OF THESE FRAUDULENT PLAYERS. THE BORROWER IS LEFT HOLDING THE BAG WHILE EVERYONE ELSE GETS PAID OR BAILED OUT. One of the issues I am repeatedly […]