Cochrane: How Deutsche Bank as a Trustee will attempt to harm you in bankruptcy court.

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: When you actually READ the securitization documents, you will find, as I did, that all of them are quite disingenuous. They mislead the casual reader and even some careful readers who don’t understand what is actually being said. The prospectus says the investor is [...]

GOOD PLEADINGS: FAGAN V WELLS FARGO ET AL

CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW CLICK HERE TO RESERVE GROUP RATE AT HILTON SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM Suit Filed Incorporating Agency Sanctions and Consent Decrees from Last Week “And most importantly, Fagan goes again to the heart of the securitization illusion, the falsity of the presentations made to both [...]

Re-Orienting the Parties to Clarify Who is the Real Plaintiff

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff [...]

Padget v OneWest – IndyMac Provides some insight into RESPA remedies

The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising [...]

WHAT NOT TO DO IN PLEADING AND MOTION PRACTICE

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and [...]