TweetShareOne 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 …
Did your Notice of Default fail to meet a “Condition Precedent”?
TweetShareRecently 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 …
New Century’s Mere Gesture can’t Overcome that pesky Due Process
TweetShareCORRECTION: 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 …
If Schack gets it why don’t our California Courts?
TweetShareYesterday, 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?
TweetShareFor 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)
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TweetShare 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 …
San Francisco Recorder Claims 99% of LOANs contain irregularities and 84% contain VIOLATIONS OF THE LAW
TweetShareWhoo 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 …