Archives by Tag ' statute of limitations '
For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what […]
For further information please call 954-495-9867 or 520-405-1688 ============================= TENDER IS NOT REQUIRED FOR RESCISSION TO BE EFFECTIVE SCOTUS DECISION CONVERTS RESCINDED SECURED DEBT TO UNSECURED EFFECT ON OLD BANKRUPTCY CASES UNKNOWN see TILA Rescission The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means […]
For more information please call 954*495*9867 or 520-405-1688 ============================ I have long argued that TILA claims are not barred and that fraud claims based upon intentional withholding of information (required by the Truth in Lending Act) are also not barred by the statute of limitations UNTIL the claimant knew or should have known about the […]
I have written about it, but there is an article that succinctly makes the point. See http://www.jdsupra.com/legalnews/the-third-district-weighs-in-on-the-appl-27045/ My opinion is simple — keep things the way they were before this nonsense started. To lean toward the banks at this point adds insult to injury to the judicial system and the borrowers. Homeowners have been systematically […]
For further information please call 954*495*9867 or 520-405-1688 ================================= see Deutsch Crashes on Statute of Limitations in Dade County For many years judges have turned delays in foreclosures against borrowers usually making some comment about having lived for free without making payments. Those judges have ignored the fact that the delay was caused by the […]
For further information please call 954-495-9867 or 520-405-1688 ================================= see Third DCA – Beauvais Decision In the Third District Court of Appeal, Florida, the Court decided Deutsch v Beauvais against the alleged “creditor” Deutsch.. Dozens of appellate decisions across the country are reversing a long-standing pattern of rubber stamping trial courts who exceeded their discretion, […]
In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as “Quite Title”). The purpose of this article is to add some context to the discussion and some reasons for my […]
With tens of thousands of cases running many years before foreclosure is started and with many cases ripe for dismissal for lack of prosecution, the Banks are in a full court press attempting to get modifications or even going to trial on cases they know are problematic at best. I am receiving scores of reports […]
We hold these truths to be self evident: that Chase never acquired any loans from Washington Mutual and that Bank of America never acquired any loans from Countrywide. A review of the merger documents approved by the FDIC reveals that neither Chase nor Bank of America wanted to assume any liabilities in connection with the […]
As most lawyers will probably tell you, the new Florida law changes the procedure and frankly contradicts the Rules of Civil Procedure issued by the Florida Supreme Court. In all events foreclosure defense attorneys should move quickly to issue discovery requests and subpoenas in anticipation of the application of this law. The good news is […]
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