One of the most troubling aspects of the whole “unlawful detainer” business is the callous disregard the Courts seem to have towards homeowners who are battling wrongful foreclosures. This week I have been supporting two members whose constitutional rights were violated when they were denied their due process rights and …
Wells Fargo’s illegal conduct = $840.00 (minimum) State Attorney National Mortgage Settlement
Today I received my anticipated letter from the California State Attorney General. The first line states, “you are eligible to receive at least $840.00 as part of the settlement”. The letter goes on to state, “this is only intended as partial compensation for the illegal conduct of the mortgage services”. …
Did your Notice of Default fail to meet a “Condition Precedent”?
Recently we have been discussing and exploring Paragraph 22 of Deed of Trust’s that discusses the requirement for the Bank to inform the borrower of their right to “bring forth an action to dispute the default and any other defense to the acceleration and sale”. It appears from research, that …
Does/did the Notice of Default Comply with Paragraph 22 in your Deed of Trust?
Have you ever sat down and read your Deed of Trust? If not, now would be a good time to do so; and if yes, now would be a good time to read it again. And I would encourage you to read paragraph 22 – in detail. In many of …
Beware of Legal Mythology!
Dr. Graves, author of Jurisdictionary shared another insightful email this morning. He always seems to have his pulse on the musings and doings of pro se’s, recognizing those very things that can trip us up and prevent us from having our day in court. I have heard of some of …
Is PIte Duncan gaming the system for Freddie Mac through forum shopping?
Those folks over at Pite Duncan must think its Christmas because they are sure into shopping – forum shopping that is. I sure would like to understand how Pite Duncan can file Notice of Removal, based on Freddie Mac being a “federal agency”. Ignoring the state claims of the action; …
Wins for Homeowners in the Battle with the Banks! July 2012
There have been some interesting developments in the fight against fraudclosure, especially with Herrera v Deutsche Bank (not to be confused with Herrera v US Bank) and Skov. Both cases have brought about some interesting discussion surrounding the contents of the fraudulent (my description) documents the Banks use to wrongfully …
You have lost the fight and the bank has acquired a Writ of Possession…now what?
**This is for homeowners after a foreclosure/fraudclosure who have lost the Unlawful Detainer either through fighting the UD or by ignoring it; tenants rights are different and not reviewed in this article. First, no bank or new property owner is allowed to “self help” themselves in removing you from the …
Making money in any way they “can’t get caught”…yep..that would be the damn banks!
“Entire banking system business model is “corrupt and rotten to its core”…….. http://youtu.be/0oV2mI0IYp8 (This is a safe link!) Watch this video! VIDEO:”Viewpoint” host Eliot Spitzer, Matt Taibbi, Rolling Stone contributing editor, and Dennis Kelleher, president and CEO of Better Markets, analyze the Libor interest rate–rigging scandal engulfing the banking industry. Barclays …
Unlawful Detainer Wins/Losses
The Unlawful Detainer stage is probably the most scary, frustrating experience in this whole fraudclosure debacle. Having said that, some homeowners are winning but many are losing. But with each win, with each loss, I learn a little more about what it will take to get the Court to FOLLOW THE LAW. …