Archives by Tag ' wrongful foreclosure '
How to Reopen Discovery on a Dead Case: A Strategic Approach to Wrongful Foreclosure In the early days of the foreclosure crisis, as far back as 2008, lawyers representing homeowners were scoring victories against the banks, particularly for violations of the Real Estate Settlement Procedures Act (RESPA) and the Fair Debt Collection Practices Act (FDCPA). […]
Were You a Victim of Wrongful Foreclosure? If your foreclosure involved Deutsche Bank, Option One Mortgage Corporation (later renamed Sand Canyon Corporation), or Ocwen Loan Servicing, you may have legal options. Our legal team is actively researching potential claims against these entities. If you’ve been harmed, contact our office by phone, email, or submit a […]
The main point is that borrowers must calibrate their thinking. Debtors are not dealing with anyone who wants to collect payments. They are dealing with someone who wants a foreclosure so they can steal the proceeds. The forced sale of the house generates revenue that is distributed to several players involved in the foreclosure effort […]
Hawaii Supreme Court Restores Balance in Foreclosure Cases Now that courts are less fearful of triggering an economic meltdown, judges are returning to legal decisions instead of political ones. The Hawaii Supreme Court has taken a major step in that direction with a landmark ruling reaffirming long-standing civil procedure principles and giving homeowners a fairer […]
The story is basically the same. Hundreds of thousands of homeowners were told that in order to get refinancing or modification they needed to stop paying their monthly mortgage payments. This was a ruse. It was also practicing law without a license. It was a lie aimed at trapping homeowners into a position where they […]
As I have been writing and talking about the forced judicial sales, my opinion has always been that in most cases there is an absence of evidence that the party making the credit bid was in fact the creditor thus entitled to make a “credit bid” at the auction. The credit bid is an allowance […]
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 […]
For further information please call 954-495-9867 or 520-405-1688. This for general information only and NOT an opinion on your case. ================================ I was responding to a client about the goals in opposing the wrongful foreclosures. These are hard to write or say. It might seem to be a contradiction in terms to walk away with […]
For further information please call 954-495-9867 or 520-405-1688 ============================ see Quiet title Wrongful foreclosure Punitive Damages Missouri judgment.1-26-15.pdf ocr Missouri had been impenetrable. Things change. This case finds that neither the GSE nor anyone else in the chain had the power to enforce the paper because they did not really have ownership of the loan, […]
For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay […]
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