Balancing the Scales of Justice for Pro Se Homeowners

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ZOMBIE DEBT…and how to Protect Yourself from these crazies!

Posted by on Oct 20, 2014 in Credit, PAID MEMBERS ONLY | 0 comments

ZOMBIE DEBT…and how to Protect Yourself from these crazies!

Zombie debt is old debt purchased by debt collectors hoping to intimidate consumers into paying the debt. Intimidate because usually the debt is beyond the Statute of Limitations OR because the person calling doesn’t really own the debt.   And any payment made by you regenerates the debt back into life!

Morally we all feel obligated to pay our debts; but are you morally obligated to pay a debt from 10 years ago that you can’t remember if you owe it or not? Are you really morally obligated to pay a stranger who claims you owe it to them? Zombie debt collectors love to prey on your moral compass – hoping that your own feelings of moral compassfeelings of integrity and responsibility will get you to breathe life back into this dead debt, and pay them off. The sad fact is, even if you pay it off, if they were not the actual owner of the debt (and the debt has been sold to numerous companies) any one of zombie collectors can harass you in an attempt to collect.   You may even pay it, only to have an entirely different company call you and ask for payment.

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Due process requires a do over of constructive notice in New Century BK

Posted by on Sep 17, 2014 in Current Issues in the Fight Against Foreclosures, Foreclosure, General Public | 0 comments

Due process requires a do over of constructive notice in New Century BK

Ralph and Molly White went to bat for all borrowers of New Century Mortgage.  Doing what most thought was the impossible, the Whites challenged the cavalier and biased ruling of Judge Kevin Carey in regards to “constructive notice” of the bar date .  Recognizing that New Century Mortgage had specifically and deliberately designed the constructive notice  to notify New Century Mortgage financial partners but not borrowers, the District Court ruled that the constructive notice required a “do over”.

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The Snowball from Hell…..Arguing Glaski

Posted by on Apr 4, 2014 in Foreclosure, General Public | 0 comments

The Snowball from Hell…..Arguing Glaski

 

 

It is not melting folks, it is growing and growing. While concurrently trying to undo the Glaski ruling (allowing homeowner’s to  challenge a void assignment; and considering a late assignment into a REMIC trust void) by getting it unpublished (which was denied),  the bank’s attorneys have been busy racking up rulings that purportedly make Glaski a “minority view”.  District and State Courts have  been ignoring the plain language of Stare Decisis to continue barring homeowners from legitimately defending their property rights  against banks that continue to manufacture assignments into REMIC trusts that closed years ago.

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California Supreme Court DENIES Bank request for duplication!

Posted by on Feb 26, 2014 in Foreclosure, General Public | 0 comments

Excllent news in the litigation front for California Homeowners.  As many of you know, Glaski v. Bank of America, N.A. et al is the first California Appellate Court ruling that investigated the allegations of a late assignment into a REMIC Trust as void.  Rather than asking the Supreme Court to review the case, the banks (Bank of America, Deutsche, Chase) asked the Supreme Court to depublish the ruling to nullify its effect on California litigations.

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MERS takes a licking…and will stop ticking!

Posted by on Feb 4, 2014 in Foreclosure, General Public | 0 comments

MERS takes a licking…and will stop ticking!

In what can only be termed a “it’s about time!” decision, a federal court judge out of the Central District clearly explains MERS roletime for change as a “nominee” and NOT the beneficiary of the Deed of Trust.  Relying on its “formalistically”  recitation that it is the “beneficiary” MERS and its comrades, Severson & Werson, take a sound beating as the Judge emphatically tells them to go pound sound. (Okay,  he doesn’t actually tell them to pound sand but the Judge clearly tells them  he will not be made a party to their make believe nonsense!)

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