The thousands of trial court and appellate decisions that have hung their hat on illegal assignments being “voidable” demonstrates either a lack of understanding of common law business trusts or an adherence to a faulty doctrine in which homeowners pay the price for fraudulent bank activities. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message […]

Tags: assignments, common law trusts, IRC, IRS, New York LAw, ratification, REMIC TRUST, VOID, VOIDABLE
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Void means that the instrument meant nothing when it was filed, not that it is unenforceable now. Why Quiet Title Actions Often Fail Homeowners often ask about using a quiet title action to clear fraudulent mortgage claims. But the truth is: quiet title is a very limited remedy. Quiet title can only remove instruments that […]

Tags: creditor, DEBTOR, foreclosure defense, foreclosure offense, fraud, Mortgage, quiet title, reformation, rescission, securitization, VOID, VOIDABLE
Posted in foreclosure defenses, foreclosure mill, Foreclosure Questions, Uncategorized |

That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area […]

Tags: assignment, CALIFORNIA, colalteral estoppel, Eviction, foreclosure defense, foreclosure offense, fraud, posession, res judicata, securitization, VOID, VOIDABLE, wrongful foreclosure, Yvannova
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33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for […]

Tags: agency, ARIZONA, Arizona statutes, beneficiary, credit bid, DEED OF TRUST, judicial sale, MERS, nominee, NON-JUDICIAL SALE, principal, UNDISCLOSED PRINCIPAL, VIOLATION OF STATUTE, VOID, VOIDABLE
Posted in Corruption, Eviction, securities fraud |