Archives by Tag ' lis pendens '
Feb 25, 2010

Here is a direct link to this particular “Trust”… http://sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001352650&owner=exclude&count=40 The PSA is contained within the 330 page Prospectus (424B5). I have not found any of the other relevant “Purchase Agreements” … This “Trust” has quit reporting to the SEC in 2007 yet is still actively providing monthly payments to the Investors according to the […]

Oct 12, 2008

Form Submitted by Jim McCandless, Esq. Editor’s Note: This is the form to file under the new California law to stop the lender in its tracks when it ignores the new legal requirements. In my opinion, this form could arguably be used in other states as an adjunct to the filing of a complaint alleging […]

Sep 9, 2008

For you Californians or residents of other states who think your transaction is exempted from usury, take another look: (1) the real lender was not a bank and (2) the real transaction was securities transaction in which the borrower was duped into executing documents that consituted the start of the securitization process, so it wasn’t […]

Sep 8, 2008

LIS PENDENS — see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for “a suit pending.” The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice […]

Jan 2, 2008

Mortgage Meltdown: Defending Your Property — A Summary of Strategies This post is for both homeowners and attorneys dealing with existing foreclosure, threatened foreclosure or distressed situations. There are many situations, particularly in government-backed loans, where the lender MUST negotiate to mitigate losses or they are subject to treble damages. This posting is not intended […]