Archives by Tag ' foreclosure offense '
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 […]
Ultimately, title examiners will start raising questions about whether the loan negotiations under this bill have any legal effect on the recorded mortgage from your original loan closing. It is for this reason that I believe that quiet title is the ONLY clear way out of this and that the probability is that you will […]
LAWYERS BEWARE: YOU ARE NOT GOING TO KNOW HOW TO PROPERLY ADVISE YOUR CLIENTS, DEFEND THEIR HOMES OR EVEN FILL OUT THEIR BANKRUPTCY SCHEDULES WITHOUT ATTENDING OUR EMERGENCY WORKSHOP IN SANTA MONICA. NOR WILL YOU FIND OUT HOW YOU CAN MAKE MORE MONEY IN YOUR PRACTICE THAN YOU EVEN DID BEFORE WITH SOME VERY HAPPY […]
Judge’s are people too. And they have mortgages. And some of them received preferential treatment. Tread gently because if you ask the wrong question, have the wrong attitude, or anger the Judge, and you end up with him/her trying the case, it could spell trouble. 888888888888888888888888888888888888888888888888888888888888888888 In January 2004, Richard Aldrich, a California state appeals […]
The government’s role in this mess has been abdicated to people running agendas that are based on narrow self-interest. One could argue that if the Federal Reserve window was swung open for investment banks to borrow at Fed Funds rates using worthless securities based upon assets (residential real estate), that the same window should be […]
They don’t have it all, but reading the complaint and getting copies of discovery and motions will help anyone contesting the foreclosure and of course, going further to the main target: HAVING THE MORTGAGE ENCUMBRANCE REMOVED FROM THE PROPERTY AND ELIMINATING LIABILITY ON THE NOTE. THIS IS GOOD NEWS BUT DOES NOT GO FAR ENOUGH. […]
AFFIRMATIVE DEFENSES TO FORECLOSING PARTY’S CLAIM OF “LOST NOTE” A common thread which is emerging in foreclosure cases is the claim of the plaintiff (a/k/a the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file a Affidavit as to the lost note and mortgage in […]
debt Funds owed by a debtor to a creditor. Outstanding debt obligations are assets for creditors and liabilities for debtors. May or may not be covered by written agreements. See Asset Backed Security. The significance of the definition of a debt, being an asset on one balance sheet and a liability on another, is that […]
It is our theory that the real party in interest on the lender side is the owner of the asset backed security issued by the SPV. The security is usually a “securitized” bond deriving its value from the underlying mortgages of which yours is one. Thus a quiet title action against “John Doe” and served […]
HERE IS AN OUT-OF-THE BOX OFFENSIVE PROCEDURE WE PROPOSE. YOUR COMMENTS APPRECIATED. IT IS BASED UPON THE ASSUMPTION THAT THE LENDER ASSIGNED OR TRANSFERRED OR SOLD THE MORTGAGE AND NOTE RIGHT AFTER THE CLOSING ON YOUR TRANSACTION. LOGICALLY THEN THE PERSON TO WHOM YOU WOULD ADDRESS YOUR TILA, FRAUD, AND DECEPTIVE AND UNFAIR PRACTICES CLAIMS […]
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