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Tonight our guests include Charles Marshall, Dan Edstrom and Jim Macklin. We will take note of an increasing number of Judges who have gone far beyond skeptical over the claims of the banks and servicers, starting with the origination of the loan and ending with the lax compliance with civil procedure in a matter that is the civil equivalent of the death penalty. Loss of the house is seen as a draconian remedy and Judges are clearly tired of hearing excuses from the banks why they can’t get their facts and documents straight. These judges, ever increasing in number, have become hostile to the attorneys for banks and servicers and at best doubtful over the grating of loans with terms that are clear from the face can never be paid.
We will look at Yvanova again and dig deeper. We will look at the Justice Rubin dissent that spells out the truth — that a new industry has been born in California and other states. People who don’t know one thing about the transaction can dig up information on a debt, send a notice to the debtor, sue the debtor and now under precedent particularly strong in California the debtor cannot challenge the thief who gets the judgment collects the money and then leaves tend debtor and the real creditor to fight it out or leaves the real creditor left dangling in the wind, left only to sue a fly by night entity whose sole purpose was to divert legal debts from the legal creditor to themselves. Yvanova and other cases are starting to address this, but it is too late. The industry of steal the debt and enforce it has already begun.
Filed under: foreclosure |