Balancing the Scales of Justice for Pro Se Homeowners

Foreclosure

91% of homeowner claims were DISMISSED at the pleading stage in Federal Courts

Posted by on Oct 24, 2013 | 0 comments

91% of homeowner claims were DISMISSED at the pleading stage in Federal Courts

Notorious Five 

The Federal Judicial Center has recently released a study about the percentage of claims against the Notorious Five[1] (and others), claiming that an astonishing NINETY ONE (91) percent of claims against the banks were dismissed at the pleading stage.  Even more alarming is the finding that while there was no increase in the ratio of dismissal on civil rights and employment discrimination cases, the ratio of dismissal of complaints about mortgage loans TRIPLED during the period of the study.

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Bank’s Depublication Campaign – Slimy move or smart?

Posted by on Oct 13, 2013 | 0 comments

In August of this year the 5th Appellate District Court issued a ruling in which the Court found a homeowner can contest a foreclosure based on a void assignment.  The Court determined the homeowner’s claim that the Assignment of Deed of Trust was fatally flawed because the execution date of the assignment was after the closing date of the REMIC Trust  and the assignment had been done by a party other than the identified Depositor of the REMIC Trust, was valid.  As a result of these flaws, the Court determined that the homeowner’s claim the Assignment was void rather than voidable was sufficient grounds to allow the claims go forward. (The claims included Wrongful Foreclosure, Cancellation of Written Instruments, Unfair/Deceptive Business Practices) PUBLISHED Glaski Appellate Opinion

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