As Russ Baldwin and other lawyers have pointed out, borrowers can raise and use TILA violations and maybe FDCPA violations defensively even if they are otherwise barred as affirmative claims. The way it works is simple — the affirmative defense of recoupment for violations of statute, if proven, result in an offset to the amount […]

Tags: affirmative defenses, recoupment
Posted in Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading |

Claims under state statutes or Federal statutes have different periods of limitation under which you can file suit. BUT — if the statutory duty that was breached is part of another claim that is not barred by the statute of limitations then you can survive a motion to dismiss or even an affirmative defense of […]

Tags: public policy, recoupment, statute of limitations
Posted in Motions, Pleading |

A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are […]

Tags: AG Complaints, CFPB Complaint, FDCPA, realignment of parties, recoupment, RESPA, TILA, unconstitutional application of statute
Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: Article 3 UCC, article 9 UCC, brokers, CERTIFICATES, Drier, Florida Statutes, fraud, HOLDER, holder in due course, insurance, IPO, joint stock companies, Madoff, Ponzi, ratings, recoupment, REMIC Trust IPO, rescission
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |