Thanks to Charles Cox for sharing the below! The Attorney General Settlement has now been approved by the court, and regardless of whether we like the terms, the process, or lack thereof, it is done. There have been many questions regarding the terms of the settlement, and how consumers …
Using a Criminal Investigation to Challenge your Foreclosure
There has been a lot of talk about the deceptive tactics being committed by the banks – manufacturing and filing false documents in public records, forgery, notaries with expired commissions – these are not simple meaningless violations, they are criminal violations punishable by fines and jail time. Most homeowners look …
New Century’s Mere Gesture can’t Overcome that pesky Due Process
CORRECTION: Brown v Seaman, the Court found that since the Debtor had placed ad in the local and “national editions of the New York Times, and the national edition was sold in her Philadelphia, the Debtor had met their Constructive Notice requirements. It is important to note that Seaman’s, unlike …
Legal ramblings – winners and losers – the battle rages on
The plain language of the law is not always what we think it is – as homeowners continue their battle against fraudulent loans and foreclosures the Courts are coming back with their interpretation of what the legislative intent is on the “statutes”. Some of these interpretations are disappointing while others …
Beating an Unlawful Detainer
Last year, I like many other homeowners, hit the wall as I went down in flames attempting to beat an unlawful detainer against the thieves we know as the “bank”. I was truly stunned at how the Commissioner simply rubber stamped the fraud and gave possession of my property to …
If Schack gets it why don’t our California Courts?
Yesterday, March 19, 2012, Judge Schack went before the US House of Representatives Committee on Oversight and Government Reform. (Read Judge Schack Testimony) His testimony describes in detail, the abuses and fraud he is seeing being perpetrated by the National Banks and their army of well financed attorneys. What he …
Who owns my Note?
For many Californians’ getting the opportunity to review the “original Note” is almost impossible. Note (no pun intended) I said almost. If you are being dual tracked by your bank (trying to get a modification while they are simultaneously foreclosing); or have been led down the modification path only to …
Beating an Unlawful Detainer after Fraudclosure (Foreclosure)
In California, a stranger can create any land record document and file it in the land records; when they file that document it becomes prima facie evidence and the Court assumes the contents of the document are true. As these banks railroad homeowners by leveraging the ignorance and incompetence …
Do you have a claim against New Century Mortgage?
New Century Mortgage is currently in the process of wrapping up its bankruptcy proceedings, having successfully skirted dealing with the feared “floodgates” of borrowers claiming to be known claimants harmed by New Century’s, and its associates in enterprise, predatory lending practices. So let’s take a quick look at few facts. …
San Francisco Recorder Claims 99% of LOANs contain irregularities and 84% contain VIOLATIONS OF THE LAW
Whoo hoo! Bravo to Phil Ting, Assessor-Recorder for San Francisco. Mr. Ting is joining ranks with other county land recorders in assessing and calling the Banks on their fraud and violations of the law. Read here for this fascinating report that details that 99% of the loans evaluated contain irregularities …