Archives by Tag ' usury '
Sep 15, 2016

Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that CashCall deposited enough money into a reserve account to fund two days of loans, calculated on the previous month’s daily average and […]

Sep 9, 2016

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- In an article published by Morgan, Lewis & Bockius LLP, it appears that the evasive true lender argument received new life in an ancillary proceeding before a Federal District Judge in California. By holding […]

May 8, 2010

Eltman, Eltman & Cooper was one of 35 law firms sued last July by the state, which claimed that they had improperly obtained more than 100,000 judgments in consumer-debt cases. Editor’s notes: The dubious “enforcement” of mortgages, notes and “obligations (that have been paid many times over through credit enhancement) is both mirrored and amplified […]

Mar 15, 2010

Submitted by Charles Cox, apparently from public domain Article by Christopher Story to be published by Economic Intelligence Review conflict of interest inherent in the sponsor also serving as the servicer constitutes fraud and conversion. In the fourth place, in all ‘true-sale’, ‘disguised loan’ and ‘assignment’ securitisations where the Special Purpose Vehicle [SPV] is a […]

Mar 14, 2010

Title: SECURITIZATION IS ILLEGAL. see Securitization is Illegal AUTHOR: MICHAEL NWOGUGU, Certified Public Accountant (Maryland, USA); B.Arch. (City College Of New York). MBA (Columbia University). Attended Suffolk Law School (Boston, USA). Address: P. O. Box 170002, Brooklyn, NY 11217, USA. Phone/Fax: 1-718-638- 6270. Email: datagh@peoplepc.com; mcn111@juno.com. Editor’s Note: I find this compelling. On the other […]

Dec 1, 2009

NOW AVAILABLE ON AMAZON KINDLE! THE PHONE RINGS. YOUR NERVES ARE JANGLED. YOU KNOW YOU ARE “LATE” IN YOUR PAYMENTS. PROBABLY ANOTHER COLLECTION CALL. FEAR COURSES THROUGH YOUR VEINS LIKE ACID TOGETHER WITH A RISING TIDE OF EMBARRASSMENT. SO HERE IS WHAT I HAVE TO SAY ABOUT THAT. First of all if you look up […]

Oct 22, 2008

It is a central point of the discussion on securitization that usury lies at the heart of every claim. Unfortunately many states have eliminated usury laws but still maintain maximum interest laws, which can be used to state that the loan violates the state law on the maximum interest that can be charged. While the […]

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 […]

Jul 3, 2008

It is my opinion that the victims of the enormous fraud includes even those who are not yet delinquent in their mortgages or even those who will never be delinquent. In any event, the following applies to those in trouble, not yet in trouble or who want to make trouble. The players in the fraud […]