JC question shows the way to recovery of equity and helping two or more homeowners for the price of one. Seek damages under any of the theories we have suggested here or any one we have a not thought of and if you get a final judgment for damages it will either be paid by […]

Tags: foreclosure offense, Lender Liability, predatory lending, securitization, TILA
Posted in bubble, Eviction |

First, you must realize that they are not “Law” with a capital “L”. Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, rescission, securitization, trustee, Wells Fargo
Posted in bubble, Eviction |

Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, fraud, Lender Liability, predatory lending, securitization, trustee, Wells Fargo
Posted in Eviction |

Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, securitization, TILA audit, title issues, trustee, vacating order of foreclosure
Posted in bubble, Eviction |

Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, Lender Liability, lenders, lost note, mortgage meltdown, predatory lending, rescission, securitization, TILA, trustee
Posted in bubble, Eviction |

the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, rescission, securitization, trustee
Posted in bubble, Eviction |

SEE Entire Article: porter While concentrating on Bankruptcy Court all of her points are instructive in all types of litigation. “From external indicia, the claims process in consumer bankruptcy cases seems like an exemplar of a well-designed legal system that balances the interests of consumers and industry.  The claims rules are unambiguous; all parties typically […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, predatory lending, RESPA, securitization, trustee
Posted in bubble, Eviction |

SEE wells-fargo-steps-on-a-rake-we-hope-eggs-a-new-country SEE 2009-Ohio-1092 Exactly as we predicted, the Wells Fargo appeal was an arrogant display of attempting to alter the law simply on the basis of the size of the institution. Bullying at its stupidest. They were looking to create precedent to say that anyone in the securitization chain can bring enforcement of a […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, securitization, Wells Fargo
Posted in bubble, Eviction |

Editor’s Note: It’s hard to imagine that we could have been any more scared than we were a year ago when it looked like we were going over a cliff. And yet we wasted the crisis and continue business as usual despite dire warnings from Simon Johnson (see article below) who has the prospective of […]

Tags: bailout, disclosure, Federal reserve, fraud, Lender Liability, mortgage meltdown, Obama, securitization, trustee
Posted in bubble, Eviction |

October 9, 2009 Editorial Another Kind of Foreclosure Crisis The foreclosure crisis is being made substantially worse by a shortage of lawyers for people whose homes are at risk. According to a new study, an overwhelming number of homeowners who face foreclosure do not have legal help in protecting their rights. As a result, people […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, securitization
Posted in bubble, Eviction |