Missouri Indictment Gives Notice of Title Defects to All Buyers

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 See Full Indictment: Microsoft-Word-DOCXIndictment.docx_ “Defendant, acting knowingly in concert with its employees, with the purpose to defraud, used as genuine or transferred with the knowledge or belief that it would be used as genuine, a writing, namely Deed of Release number [...]

FLA 2D DISTRICT: LACK OF NOTICE AFFIRMATIVE DEFENSE GIVES RISE TO MATERIAL ISSUE OF FACT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The Courts are bending toward the borrower. Here the homeowner alleged in an affirmative defense that they had not been giving proper notice of default and therefore the foreclosure was at the very least premature. But the Court, instead of leaving [...]

AFTER THE SALE: PART III On the Courthouse Steps

Submitted by Charles Koppa The auctioneer represents the “beneficiary” in the sale.. If there is a “reserve amount minimum” (see below) the auctioneer actually bids up as agent for the unnamed beneficiary! The recipient “beneficial trust” is finally publically identified and documented by the Foreclosing Trustee in the recorded Trustees Deed Upon Sale.  Try to find a [...]

Rally in Tally: Homeowner Relief and Housing Recovery Act is a Sham and Shame

Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used [...]

FORECLOSURES: TILA RIGHT OF RESCISSION and CONSEQUENCES

Seminars for Layman (Pro Se Litigants) and For Lawyers TILA RIGHT OF RESCISSION and CONSEQUENCES TRUTH IN LENDING FEDERAL CIVIL COURT, FEDERAL BANKRUPTCY, STATE COURT INFORMATION THIS POST RELATES ONLY TO RESCISSION UNDER TILA. IT SHOULD BE REMEMBERED THAT THERE ARE MULTIPLE GROUNDS FOR RESCISSION AND CANCELLATION OF THESE NOTES AND POSSIBLY TREBLE DAMAGES FOR [...]