It is a central point of the discussion on securitization that usury lies at the heart of every claim. Unfortunately many states have eliminated usury laws but still maintain maximum interest laws, which can be used to state that the loan violates the state law on the maximum interest that can be charged. While the […]

Tags: fiduciary duty, foreclosure defense, foreclosure offense, identity theft, usury
Posted in Eviction |

It seems that my Texas readers have done some research of their own regarding my recent posting about using identity theft and mortgage fraud as a solid claim with teeth to go after individuals and corporations who tricked you into the mortgage terms that nobody could pay or will pay. Hi Neil: After reading your […]

Tags: foreclosure defense, foreclosure offense, identity theft, mortgage fraud
Posted in Eviction |

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 […]

Tags: foreclosure defense, foreclosure offense, identity theft
Posted in Eviction |

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 […]

Tags: foreclosure offense, identity theft
Posted in Eviction |