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 […]

Tags: assignment, balance sheet, borrower, debt, default, enforcement, foreclosure defense, foreclosure offense, lender
Posted in Eviction |

Start with GARFIELD’S GLOSSARY ABOVE: HERE IS ARE SOME OF THE RECENT ADDITIONS TO THE GLOSSARY AND TACTICAL CONSIDERATIONS: Deed of Trust An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in […]

Tags: ABS, DEED OF TRUST, default, due process, foreclosure, legal standing, lender, NON-JUDICIAL SALE, original note, REAL PARTY IN INTEREST, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

by Brad Keiser Now Comes The Finger Pointing It was only a matter of time until we began to see the finger pointing with regard to our current mortgage crisis. This morning I am going to summarize an article I found in Fortune Magazine Online written by Peter Eavis. In this article Eavis attempts assign […]

Tags: appraiser, brad keiser, foreclosure, lender, mortgage meltdown, Wall Street
Posted in Eviction |

By Brad Keiser, 6-13-08 My friend Tom and I coach our daughter’s basketball team together. Tom is in the aviation fuel business but is a pretty innovative guy both in coaching and in business. He asked me the other day, “Brad, you are a former banker isn’t there some way for an opportunistic guy to […]

Tags: CD rates, foreclosure, home sales, Jim Cramer, lender, real estate investing
Posted in bubble, Eviction |

Most lawyers and borrowers take it for granted that they know what a “lender” is. They take it for granted that they know that this was a “mortgage” transaction. They take it for granted that the transaction was legal but for the legal challenges you wish to mount to ward off foreclosure, sale or eviction. […]

Tags: CALIFORNIA, corporations, Florida, intangible tax, lender, Lender Liability, registration, secretary of state, securities, Washington Mutual
Posted in Eviction |

BK Judge Rules Stated Income HELOC Debt Dischargeable by Tanta This is a big deal, and will no doubt strike real fear in the hearts of stated-income lenders everywhere. Our own Uncle Festus sent me this decision, in which Judge Leslie Tchaikovsky ruled that a National City HELOC that had been “foreclosed out” would be […]

Tags: bankruptcy, borrower, due diligence, HELOC, lender, NATIONAL CITY
Posted in Eviction |

Seminars for Layman (Pro Se Litigants) and For Lawyers TILA RIGHT OF RESCISSION and CONSEQUENCES TRUTH IN LENDING FEDERAL CIVIL COURT, FEDERAL BANKRUPTCY, STATE COURT INFORMATION THIS POST RELATES ONLY TO RESCISSION UNDER TILA. IT SHOULD BE REMEMBERED THAT THERE ARE MULTIPLE GROUNDS FOR RESCISSION AND CANCELLATION OF THESE NOTES AND POSSIBLY TREBLE DAMAGES FOR […]

Tags: damages, finance charges, foreclosure, interest, lender, notice, points, quiet title, refunds, rescission, TILA, TILA audits, truth in lending
Posted in bubble |

It is startling to see how little anyone knows about the mess we are in. First they don’t understand how bad this is going to get. Second they don’t understand how it happened because they don’t understand the financial system. And third, they have no clue how to prevent this from happening again. They don’t […]

Tags: borrower, disclosure, insurers, lender, MasterCard, plausible deniability, rating agencies, Visa
Posted in bubble, Corruption, Eviction, securities fraud |

Most of my experience is in judicial sale states where the foreclosure is a lawsuit started by the lender. In those cases, when you challenge the Lender or mortgage service provider on its authroity to bring the action and counterclaim on violations of Truth in Lending, fraud etc, you are the counterclaimant. In states where […]

Tags: defensive strategies, fraud, lender, RESPA, RICO, third party, TILA, trustee
Posted in bubble, Eviction |

Mortgage Meltdown: Foreclosure Option — JINGLE MAIL (Send the keys back to lender) The issue is the stability of our economy, and our ability to recover the value of our homes, salvage the lifestyle of our neighborhoods and deal with the blame issues later through appropriate regulations. Mortgage Lenders, with full authority from the investment […]

Tags: Arizona Republic, Fannie MAe, Freddie Mac, jingle mail. keys, lender, McCain
Posted in bubble, Eviction |