Library
Don’t Hesitate, Because the Banks Won’t! Call 844-920-7200
Huge Library!
Articles and Court Opinions
Borrowers who do not understand law or litigation practice make enormously costly errors in defending against foreclosure when they should instead go on the attack. These articles give some vital pointers in what works.
- Staying Alert to Mortgage Fraud – FDIC.pdf (512.96 Kb)
- The Note Is All a Lender Needs to Foreclose.pdf (288.63 Kb)
- The Right to Foreclose and the UCC.pdf (686.36 Kb)
These documents cite case law (court opinions) stating what does not work. Borrowers should not depend upon these arguments for saving their homes because they ultimately lead to foreclosure.
- Cases Homeowners Lost Worthless PSA/Standing Arguments.pdf (473.64 Kb)
- Quiet Title Cases.pdf (127.53 Kb)
- Cases Homeowners Lost Arguing Securitization.pdf (306.98 Kb)
Foreclosure Case Law PDF Files
Millions of borrowers have faced loss of their homes to foreclosure since the year 2000 owing to economic downturns. We have provided this library of court opinions to show you the kinds of arguments that lose in court and the kinds that win.
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- lift stay motion does not adjudicate the debtor’s objections to the creditors’ claims.pdf (199.37 Kb)
- 020609_judge_rose_ruling.pdf (143.98 Kb)
- 020609_murry_letter.pdf (245.85 Kb)
- 020609_sms_financial_v_abco_homes.pdf (116.43 Kb)
- 1099 Case.pdf (69.82 Kb)
- 10th Cir. Stall Case.pdf (141.22 Kb)
- 11TH CIR. REFUSES TO HOLD ASSIGNEE LIABLE UNDER TILA FOR FAILING TO PROVIDE PAYOFF STATEMENT.pdf (204.53 Kb)
- 11TH CIR.pdf (253.21 Kb)
- 11TH CIRCUIT CASES.pdf (222.72 Kb)
- 11th CIR MERS Case.pdf (1.93 Mb)
- 11th Cir. QWR law.pdf (1.71 Mb)
- 11th-ISLA.pdf (278.11 Kb)
- 12 C.F.R. § 34.45.pdf (71.59 Kb)
- 1635(F) COMPLETELY EXTINGUISHES THE RIGHT OF RESCISSION AT THE END OF THE 3-YEAR PERIOD.pdf (445.52 Kb)
- 1640 Case-BELINI v. WASHINGTON MUT. BANK, FA, 412 F.3d 17 (1st Cir. 2005).pdf (138.43 Kb)
- 1641 law.pdf (142.52 Kb)
- 1ST CIR REJECTS BANKRUPTCY TRUSTEE’S EFFORT TO AVOID MORTGAGE DUE TO ALLEGEDLY DEFECTIVE ACKNOWLEDGMENT.pdf (3.76 Mb)
- 1st Cir Invalidates Foreclosure for Paragraph 19 Non.pdf (90.78 Kb)
- 1st Holyfield-v-Branch-Banking-and-Trust-Company-JP-Morgan-Chase-Bank-Stewart-Title-Guaranty-Company-Kimmel-amp-Kimmel-LLC-Shapiro-amp-Swertfeg.pdf (2.27 Mb)
- 20 Yr SOL Not 6 Yrs.pdf (70.76 Kb)
- 20955537-In-Re-Wells-Bankruptcy-Oh-Nd-Decision-22-Jun-2009.pdf (231.27 Kb)
- 21649996-Sheridan-Decision-Idaho-Bankruptcy-Judge-Myers.pdf (169.91 Kb)
- 22 Paragrapghs Of Securitization BS.pdf (81.94 Kb)
- 2605 Claim Limited To Actual Damages.pdf (185.82 Kb)
- 28824808-Mers-Affidavit.pdf (882.96 Kb)
- 2923.5 Case.pdf (350.15 Kb)
- 2924.17 DOES NOT CREATE A RIGHT TO LITIGATE PREFORECLOSURE.pdf (298.82 Kb)
- 3-3-10_Charles_Lincoln_Suit_Florida.pdf (1.59 Mb)
- 32611Appellant.pdf (2.01 Mb)
- 33752461-Bank-of-New-York-v-Michael-Raftogainis.pdf (2.49 Mb)
- 34060224-TILA-Viloations-Originator-HUBBARD-v-Ameriquest-Deutsche-AMC-TILA-Rescission.pdf (7.32 Mb)
- 34373627-Appellate-Brief-Gregory-Taylor-v-Deutsche-Bank-National-Trust.pdf (162.32 Kb)
- 3RD CIRCUIT HOLDS TRUSTEE NOT LIABLE FOR RMBS LOSSES.pdf (116.62 Kb)
- 445 F3d 152 Goldman v. F Cohen 05-2645-Cv Open Jurist.pdf (126.73 Kb)
- 4TH CIRCUIT PERMITS UNTIMELY RESPA CLAIMS DUE TO ALLEGED FRAUDULENT CONCEALMENT.pdf (128.31 Kb)
- 4TH DCA RULES MORTGAGEE DID NOT VIOLATE MORTGAGE BY ACCEPTING PARTIAL PAYMENTS.pdf (2.17 Mb)
- 4th CIR Appraisal Case.pdf (393.54 Kb)
- 4th CIR ILSA Case.pdf (78.25 Kb)
- 4th Cir Decision on the Definition of Debt Collector Under the Fair Debt Collection Practices Act Offers Opportunities for Loan Servicers.pdf (349.97 Kb)
- 4th Cir ECOA Case.pdf (287.03 Kb)
- 4th Cir Holds Foreclosure is FDCPA ‘Debt Collection.pdf (352.75 Kb)
- 4th Cir. Amicus Brief-Gilbert.pdf (218.66 Kb)
- 4th Cir. No Standing To Challenge Assignment.pdf (121.01 Kb)
- 4th-DCA-Knock-Out-An-Endorsement-in-Blank-That-is-Unsigned-and-Unauthenticated-Creates-a-Genuine-Issue-of-Material-Fact-Riggs-v-Aurora.pdf (68.34 Kb)
- 4th-dca-standing-holder-v-owner.pdf (81.96 Kb)
- 56(d) Discovery Case.pdf (251.95 Kb)
- 5TH CIR HOLDS NO STATUTE OF LIMITATIONS ON TEXAS HOME EQUITY CLAIMS.pdf (1.97 Mb)
- 5TH DCA CONFIRMS ADMISSIBILITY OF PRIOR SERVICER’S RECORDS.pdf (347.51 Kb)
- 68 Ops. Cal. Atty. Gen. 286.pdf (2.08 Mb)
- 6TH CIR LIMITS SCOPE OF SERVICER LIABILITY UNDER TILA.pdf (212.3 Kb)
- 6TH CIR REJECTS BORROWERS’ ATTEMPT TO INVALIDATE DOT BASED ON FAULTY ACKNOWLEDGEMENT.pdf (338.91 Kb)
- 6TH CIRCUIT DISMISSING ROBO.pdf (241.31 Kb)
- 6th Cir Upholds Rejection of.pdf (13.11 Kb)
- 6th Circuit Rejects Borrowers’ Claim for Rescission for Lender’s Failure to Notify the Borrowers That the Debt Had Been Assigned.pdf (654.85 Kb)
- 7TH BORROWER LACKS STANDING TO RAISE ALLEGED VIOLATIONS OF POOLING AND SERVICING AGREEMENT.pdf (342.49 Kb)
- 7th CIR Borrower Can't Challenge Assignment.pdf (240.28 Kb)
- 7th CIR Mod Case.pdf (3.87 Mb)
- 8 Elements Of Prove To Foreclose.pdf (257.58 Kb)
- 8TH CIRCUIT COURT OF APPEALS DENIES BORROWERS’ ATTEMPT TO RESCIND UNDER TILA.pdf (209.75 Kb)
- 8th Cir TILA Case.pdf (62.98 Kb)
- 8th Circuit Affirms Dismissal Of TILA Claims Against Lenders.pdf (142.28 Kb)
- 9th Cir HAMP Litigation.pdf (157.89 Kb)
- 9th Cir Holds Foreclosure Trustee Not FDCPA ‘Debt Collector’.pdf (1.76 Mb)
- 9th Cir Rejects Foreclosure Buyer.pdf (209.31 Kb)
- 9th Cir Robosigning Case.pdf (123.33 Kb)
- 9th Cir. Rules No Private Right of Action Under PTFA.pdf (125.34 Kb)
- 9th-circuit-quotes-yvanova13-17297.pdf (64.64 Kb)
- A DEBTOR MAY AMEND HIS SCHEDULES EVEN AFTER THE DATE OF DISCHARGE SO LONG AS HE DOES SO BEFORE THE CASE IS CLOSED.pdf (140 Kb)
- A DEED OF TRUST DOES NOT EXPIRE UNTIL THE DEBT IS PAID.pdf (154.92 Kb)
- A JUDGMENT OF FORECLOSURE IS NOT A FINAL AND APPEALABLE JUDGMENT.pdf (248.51 Kb)
- A NONJUDICIAL FORECLOSURE DOES NOT CONSTITUTE DEBT COLLECTION UNDER THE FDCPA.pdf (303.76 Kb)
- A NOTE PURCHASER AUTOMATICALLY ACQUIRES AUTHORITY TO ENFORCE THE SECURITY.pdf (313.24 Kb)
- A PROMISSORY NOTE AND GUARANTY MAY BE SEPARATED.pdf (1.93 Mb)
- A REQUEST FOR DOCUMENTS MUST BE SPECIFIC AND IT MUST RELATE TO THE SERVICING OF THE LOAN.pdf (55.52 Kb)
- A RESCISSION DOES NOT RELEASE THE BORROWER OF ITS OBLIGATION TO REPAY MONEY STILL OWED UNDER THE TRANSACTION.pdf (382.5 Kb)
- A ROBO-SIGNED DOCUMENT OR ASSIGNMENT IS VOIDABLE, NOT VOID.pdf (511.52 Kb)
- A SECURITY INTEREST IS NOT A PROMISE TO PAY A DEBT; IT IS AN INTEREST IN SOME COLLATERAL THAT A LENDER CAN TAKE IF A DEBTOR DOES NOT FULFILL A PAYMENT OBLIGATION.pdf (144.19 Kb)
- A TRIFECTA OF LEGAL VICTORIES FOR LENDERS IN FLORIDA.pdf (250.15 Kb)
- A TRUST BENEFICIARY HAS THE POWER TO RATIFY IRREGULARITIES.pdf (278.39 Kb)
- A court of equity has wide discretion in determining who are necessary parties to the foreclosure of a deed of trust.pdf (6.62 Kb)
- A loan servicer may have constitutional standing because it has a right to payment pursuant to its duties as a servicer on a loan.pdf (105.55 Kb)
- A mortgage and a note are separate securities for the same debt.pdf (104.69 Kb)
- ACCORD AND SATISFACTION AFTER FILING FOR BANKRUPTCY.pdf (107.53 Kb)
- ACKNOWLEDGMENT BORROWERS RECEIVED NOTICE CREATES REBUTTABLE PRESUMPTION OF DELIVERY.pdf (110.56 Kb)
- ACT OF TRUSTEE THAT CONSTITUTES BREACH OF TRUST IS VOIDABLE AND MAY BE CONSENTED TO OR RATIFIED BY BENEFICIARY.pdf (337.32 Kb)
- ACTION TO FORECLOSE A MORTGAGE IS ACTION FOUNDED ON RECORDED INSTRUMENT.pdf (135.53 Kb)
- ACTION WAS NOT BARRED BY THE FIVE-YEAR STATUTE OF LIMITATIONS BECAUSE THE BANK ALSO SOUGHT RECOVERY FOR FAILURE TO PAY THE SEPTEMBER 1, 2007, PAYMENT AND “ALL SUBSEQUENT PAYMENTS..pdf (1.31 Mb)
- ACTIONS TAKEN TO FACILITATE A NON-JUDICIAL FORECLOSURE, SUCH AS SENDING THE NOTICE OF DEFAULT AND NOTICE OF SALE, ARE NOT ATTEMPTS TO COLLECT `DEBT' AS THAT TERM IS DEFINED BY THE FDCP.pdf (425.84 Kb)
- ACTION_ IS A TERM OF ART-A JUDICIAL PROCEEDING.pdf (149.8 Kb)
- ACTUAL DAMAGES FOR PURPOSES OF RESPA BY SHOWING THAT THE SERVICER’S DEFICIENT RESPONSE “PREVENTED HER FROM TAKING SOME IMPORTANT ACTION.pdf (204.47 Kb)
- ACTUAL DAMAGES UNDER TILA REQUIRE THAT THE LOSS BE LINKED TO THE FAILURE TO DISCLOSE.pdf (54.68 Kb)
- ADMISSIBILITY OF PRIOR SERVICER RECORDS.pdf (125.91 Kb)
- AFTER MORTGAGOR’S DEFAULT, MORTGAGEE MAY SUE ON THE NOTE, SEEK EJECTMENT, OR FORECLOSE, EACH OF WHICH CAN BE PURSUED SEPARATELY.pdf (351.08 Kb)
- ALABAMA SUPREME COURT HOLDS LENDER NOT REQUIRED TO OWN MORTGAGE WHEN FORECLOSURE INITIATED.pdf (71.7 Kb)
- ALLEGED [ROBO-SIGNING] DEFECT WOULD ONLY RENDER THE ASSIGNMENT VOIDABLE, RATHER THAN VOID.pdf (313.24 Kb)
- ALLONGE DOES NOT NEED TO BE PHYSICALLY ATTACHED TO A PROMISSORY NOTE.pdf (114.63 Kb)
- ALLONGE DOESN'T HAVE TO BE AFFIXED TO NOTE.pdf (210.54 Kb)
- AMBIGUITY IN DEED OF TRUST’S ESCROW PROVISIONS.pdf (89.04 Kb)
- AN ACTION TO ENFORCE MORTGAGE COVENANTS ARE ‘SEPARATE AND DISTINCT’ REMEDIES.pdf (445.78 Kb)
- AN ASSIGNMENT BY A PARTY THAT NEVER POSSESSED LEGAL TITLE TO THE PROPERTY IS VOID.pdf (82.56 Kb)
- AN ASSIGNMENT, UNLIKE THE NOTE ITSELF, IS NOT A NEGOTIABLE INSTRUMENT, AND THUS NO REQUIREMENT THAT AN ASSIGNMENT BE ENDORSED.pdf (253.83 Kb)
- ANOMALOUS INDORSEMENT” IS STATUTORILY DEFINED AS AN “INDORSEMENT MADE BY A PERSON WHO IS NOT THE HOLDER OF THE INSTRUMENT.pdf (449.19 Kb)
- ANOTHER NAIL IN THE HAMP LITIGATION COFFIN, AND OTHER LESSONS.pdf (266.31 Kb)
- APPRAISAL-FRAUD-THIRD-PARTY-RELIANCE-FROM-ABBY-Appraisal-Fraud-and-Third-Parties-On-Point-from-Abby-excellent-Find.pdf (176.63 Kb)
- APPRAISER-FRAUD-CASE-IN-NY-FROM-ABBY-Appraisal-Fraud-Claims-Move-Forward-People-v-First-Am-Corp-Ny-June-2010.pdf (111.1 Kb)
- AS A NEGOTIABLE INSTRUMENT THE NOTE MAY BE TRANSFERRED WITHOUT THE APPROVAL OR NOTICE TO THE BORROWER.pdf (184.88 Kb)
- ASSIGNEE NOT LIABLE FOR FAILURE TO PROVIDE PAYOFF STATEMENT UNDER TILA.pdf (206.77 Kb)
- ASSIGNEE NOT LIABLE UNDER TILA FOR SERVICER’S FAILURE TO PROVIDE PAYOFF BALANCE.pdf (258.99 Kb)
- ASSIGNMENT DID NOT CAUSE THE FORECLOSURE THAT OCCURRED BECAUSE HOMEOWNER DID NOT PAY THE REQUIRED MONTHLY PAYMENTS ON HIS NOTE..pdf (256.38 Kb)
- ASSIGNMENT OF LOAN INTO TRUST ALLEGEDLY FORGED OR UNTIMELY IS VOIDABLE THEREFORE, BORROWER LACKS STANDING TO CHALLENGE ITS VALIDITY.pdf (153.86 Kb)
- ASSIGNMENT OF THE RIGHT TO RECEIVE PAYMENTS DOES NOT SATISFY THE OBLIGATION TO MAKE THOSE PAYMENTS.pdf (267.51 Kb)
- ASSIGNMENT TO A SECURITIZED TRUST THAT IS MADE AFTER THE CLOSING DATE IS `MERELY VOIDABLE,' NOT VOID, UNDER NEW YORK LAW.pdf (521.52 Kb)
- ASSIGNMENTS OF DEBT, AS OPPOSED TO ASSIGNMENTS OF THE SECURITY INTEREST INCIDENT TO THE DEBT, ARE COMMONLY NOT RECORDED.pdf (278.8 Kb)
- AT A NONJUDICIAL FORECLOSURE SALE, IF THE LENDER CHOOSES TO BID, IT DOES SO IN THE CAPACITY OF A PURCHASER..pdf (198.65 Kb)
- ATTACHING NOTE SUFFICIENT TO SHOW STANDING.pdf (113.42 Kb)
- ATTEMPT TO RESCIND MORE THAN 3 YEARS AFTER CONSUMMATION IS TIME-BARRED.pdf (269.65 Kb)
- ATTEMPTS TO COLLECT TIME.pdf (1.16 Mb)
- AWARD OF ATTORNEY'S FEES _IS THE RESULT OF THE DEBTOR-TRUSTOR'S VOLUNTARY ACT IN BRINGING AN UNMERITORIOUS SUIT.pdf (84.25 Kb)
- AWL Case.pdf (231.49 Kb)
- AWL Multiple Cites Case.pdf (128.73 Kb)
- AZ Garfield Loss.pdf (234.04 Kb)
- AZ Show Note Case.pdf (606.66 Kb)
- Ability to Repay Case.pdf (425.59 Kb)
- Acquiring property at a foreclosure sale is acquiring that land by contract.pdf (203.96 Kb)
- Admin Process Case DAVIS-BURTON v. CITIMORTGAGE (N.D.Ga. 9-18-2012).pdf (160.79 Kb)
- Administrative Process Case.pdf (121.46 Kb)
- Administrative Process Nonsense Case copy.pdf (54.43 Kb)
- Admission of Computer Records case.pdf (686.58 Kb)
- Adversary proceeding is required to “determine the validity, priority, or extent of a lien or other interest in property.pdf (2.12 Mb)
- Adverse TILA Case-SOL.pdf (194.94 Kb)
- Affidavit case TAXI v. BALTIMORE, 171 Md. App. 430 (2006).pdf (94.43 Kb)
- Affidavits No Good For litigation Purposes.pdf (288.67 Kb)
- Affidavits which are offered to prove the truth of the statements contained in them are hearsay.pdf (209.64 Kb)
- Affirmative Defenses Must Be Proven By Borrower.pdf (100.25 Kb)
- After notice of default is recorded, the trustee must wait three calendar months before proceeding with the sale.pdf (510.42 Kb)
- Ala. 1641(g) Case.pdf (568 Kb)
- Alabama Para 22 Case.pdf (101.8 Kb)
- Allegation Plaintiff Fraudulently Claimed Standing Not Ground For Vacating Judgment.pdf (156.52 Kb)
- Allonge Case.pdf (136.9 Kb)
- Allonge Doesn't Need To Be affixed Case.pdf (145.81 Kb)
- Allonge Preponderance of Evidence Case copy.pdf (774.7 Kb)
- Allonges Must Be Dated Case..pdf (470.22 Kb)
- Amended Complaint Can't Cure Standing.pdf (84.97 Kb)
- Amending Schwartzwald case.pdf (61.77 Kb)
- America's Wholesale Lender Case.pdf (383.69 Kb)
- Ameriquest case.pdf (335.29 Kb)
- Amounts Accrued Before 5year SOL Collectible.pdf (111.5 Kb)
- An assignment is a transfer.pdf (98.02 Kb)
- Another Garfield Dupe Gets Spanked.pdf (69.08 Kb)
- Another Pathetic Wasylik Loss.pdf (69.43 Kb)
- Another QWR Case.pdf (88.21 Kb)
- Another-MERS-Defeat-in-Re-SIMEON-MORENO-Chapter-13-Debtor-United-States-Bankruptcy.pdf (97.48 Kb)
- Anti-SLAPP Case.pdf (211.89 Kb)
- Appraisal Case Joseph Davis v Patrick J McGuigan.pdf (402.73 Kb)
- Appraisal Fraud Case.pdf (120.52 Kb)
- Appraisal Law 12 C.F.R. § 34.45.pdf (71.59 Kb)
- Appraisal case.pdf (109.68 Kb)
- Appraisal-Fraud.pdf (115.54 Kb)
- Appraiser Owes Duty To Borrower Case.pdf (169.72 Kb)
- Arbitration Waiver Case.pdf (95.82 Kb)
- Arguments that merely question the validity of an assignment of a deed of trust are not a sufficient basis for a quiet title action.pdf (158.26 Kb)
- Ask For Mediation Must Complete Can't Sue.pdf (166.24 Kb)
- Assigments Must Be In Recordable Form.pdf (349.93 Kb)
- Assignee’s Right to Enforce Note Lost by Predecessor.pdf (345.05 Kb)
- Assignment Is Cotractual Case.pdf (172.5 Kb)
- Attacking Standing in Federal Bankruptcy Court Max Bankruptcy Boot Camp Newsletter Archives.pdf (124.2 Kb)
- Attorney In Fact Case.pdf (94.29 Kb)
- Attorney Makes Wrong Arguments Court Explains What Should Have Been Made.pdf (925.8 Kb)
- Attys. That Screwed Client Case.pdf (265.54 Kb)
- Automatic stay - Lexology.pdf (153.9 Kb)
- Avoidance Bad Legal Description.pdf (382.35 Kb)
- BALDERAMMA-V-DEUTSCHE-BANK-MD-BK-FL-2-14-12.pl_.pdf (242 Kb)
- BALOGH v. CLEYS, 181 So.2d 363 (Fla.App. 3 Dist. 1965).pdf (114.16 Kb)
- BANK DOESN'T BREACH DUTY OF GOOD FAITH BY ADHERING TO Agreemt with BORROWER OR ENFORCING ITS RIGHTS AS CREDITOR.pdf (45.61 Kb)
- BANK HAD THE RIGHT TO ENFORCE THE NOTE NOTWITHSTANDING THE LOSS OF THE ORIGINAL.pdf (116.74 Kb)
- BANK HAS DUTY TO TAKE CORRECTIVE STEPS WHEN FACED WITH CONFLICTING INFO.pdf (433.71 Kb)
- BANK HAS NO DUTY TO RECORD A SECOND NOTICE OF DEFAULT.pdf (46.19 Kb)
- BANK HAS STANDING TO ENFORCE THE MORTGAGE EVEN IF IT CANNOT COLLECT ON THE UNDERLYING DEBT.pdf (340.99 Kb)
- BANK MUST FILE ORIGINAL ALLONGE.pdf (209.4 Kb)
- BANK MUST REVOKE ACCELERATION TO AVOID SOL PROBLEMS.pdf (66.1 Kb)
- BANK'S SETOFF OF FUNDS AGAINST DEBT SECURED BY DEPOSITOR'S INTEREST IN REAL PROPERTY VIOLATES THE ONE FORM OF ACTION RULE.pdf (344.69 Kb)
- BANKRUPTCY PETITION COSTS LITIGANT RIGHT TO APPEAL.pdf (222.29 Kb)
- BANKS HAVE NO DUTY TO PERFORM REASONABLE UNDERWRITING UNDER FLORIDA LAW.pdf (284.55 Kb)
- BANK’S CAN FORECLOSE DESPITE ALLEGEDLY FORGED DEED.pdf (322.47 Kb)
- BASIC BANKRUPTCY FOR MORTGAGE LITIGATORS.pdf (259.48 Kb)
- BAYVIEW LOAN SERV. v. SIMMONS, 275 Va. 114 (2008).pdf (80.36 Kb)
- BEAUVAIS AND BARTRAM APPLIED IN REVERSE MORTGAGE.pdf (24.33 Kb)
- BENEFICIARY OF A NOTE DOES NOT NEED TO PHYSICALLY POSSESS THE UNDERLYING PROMISSORY NOTE TO FORECLOSE.pdf (157.93 Kb)
- BK-Legal Description Case.pdf (258.54 Kb)
- BOA Original Lender By Merger With Countrywide.pdf (285.53 Kb)
- BONA FIDE ERROR DEFENSE APPLYS TO SERVICER.pdf (206.64 Kb)
- BOOKER v. SARASOTA, INC., 707 So.2d 886 (Fla.App. 1 Dist. 1998).pdf (121 Kb)
- BORROWER DOES NOT HAVE STANDING TO CHALLENGE AN ASSIGNMENT THAT ALLEGEDLY BREACHES A TERM OR TERMS OF A PSA BECAUSE THE BENEFICIARIES, NOT THE BORROWER, HAVE THE RIGHT TO RATIFY THE TRUSTEE'S UNAUTHORIZED ACTS.pdf (370.62 Kb)
- BORROWER DOES NOT SUFFER INJURY BY VIRTUE OF AN ASSIGNMENT OF HIS MORTGAGE, EVEN IF THAT ASSIGNMENT WAS INVALID OR UNLAWFUL.pdf (111.94 Kb)
- BORROWER HAS RIGHT TO SUE PRIOR TO FORECLOSURE IN ORDER TO ASSERT A DEFENSE TO ACCELERATION AND SALE.pdf (433.41 Kb)
- BORROWER IS OBLIGATED TO PAY THE DEBT OR LOSE THE SECURITY.pdf (195.45 Kb)
- BORROWER LACKS STANDING TO CHALLENGE A VOIDABLE TRANSFER TO WHICH HE OR SHE IS NOT A PARTY.pdf (41.81 Kb)
- BORROWER LACKS STANDING TO CHALLENGE THE AUTHORITY OF THE DEFENDANTS TO INITIATE FORECLOSURE.pdf (45.97 Kb)
- BORROWER MUST HAVE SUBSTANTIVE DEFENSE TO FORECLOSURE.pdf (197.31 Kb)
- BORROWER MUST SHOW GENUINE RISK OF PAYING THE SAME DEBT TWICE.pdf (445.1 Kb)
- BORROWER WHO AGREED MERS HAS AUTHORITY IS PRECLUDED FROM CAUSE OF ACTION.pdf (92.98 Kb)
- BORROWER WHO RAISES AFFIRMATIVE DEFENSE, HAS BURDEN OF PROVING IT.pdf (86.85 Kb)
- BORROWER'S PERFORMANCE UNDER THE CONTRACT IS A REQUIRED ELEMENT FOR A CLAIM FOR BREACH OF CONTRACT.pdf (278.8 Kb)
- BORROWERS CAN'T RAISE STANDING CHALLENGES IN POST JUDGMENT MOTIONS.pdf (270.82 Kb)
- BORROWERS CHALLENGING ASSIGNMENTS DO NOT HAVE STANDING TO BRING SUCH CLAIMS.pdf (111.94 Kb)
- BORROWERS MUST DEMONSTRATE INJURIES WERE CAUSED BY RESPA VIOLATION.pdf (641.68 Kb)
- BORROWERS WAIVED THE RIGHT TO PROCEED WITH A DEFENSE CASE, CHOOSING INSTEAD TO CHALLENGE, ALL-OR-NOTHING, BNYM’S STANDING.pdf (92.74 Kb)
- BORROWERS' BURDEN TO SHOW THAT THE NOTE WAS NOT TRANSFERRED.pdf (113.33 Kb)
- BORROWS CANNOT ENJOIN FORECLOSURE DUE TO TARDY ASSIGNMENT.pdf (67.76 Kb)
- BOYCE'S EXECUTORS v. GRUNDY, 28 U.S. 210 (1830).pdf (93.17 Kb)
- BURDEN IS ON THE PLAINTIFF TO SHOW DEFECTS IN THE FORECLOSURE PROCESS, NOT ON THE DEFENDANT TO SHOW THEIR AUTHORITY TO FORECLOSE.pdf (313.27 Kb)
- BUSINESS RECORDS EXCEPTION USED TO ATTACK FORECLOSURE ACTION IN MAINE SUPREME COURT.pdf (22.92 Kb)
- Babcock.pdf (622.45 Kb)
- Bad Date Can Invalidate DOT.pdf (351.63 Kb)
- Bad Faith Case.pdf (419.86 Kb)
- Bad Faith To File Bankruptcy For Automatic Stay.pdf (184.02 Kb)
- Bad Legal Description Case.pdf (101.54 Kb)
- Bad Recoupment Case.pdf (451.42 Kb)
- Bad Rescission Case Bonte v Us Bank.pdf (62.88 Kb)
- Bad Security Instrument Case.pdf (180.13 Kb)
- Bad Standing Case SELF HELP VENTURES FUND v. Jones, 2013 Ohio 868 - Ohio Court of Appeals, 11th Appellate Dist. 2013 - Google Scholar.pdf (129.61 Kb)
- Bad TILA Case.pdf (410.68 Kb)
- Bad TILA Decision.pdf (109.62 Kb)
- Bank Most Refute Affirmative Defenses.pdf (143.21 Kb)
- Bank Must Honor Oral Statements For Loan Mod.pdf (158.79 Kb)
- Bank is not liable for RESPA violations of its servicers..pdf (196.95 Kb)
- Bank of NY v Alderazi..pdf (77.47 Kb)
- Bank-of-NY-v-Silverberg.pdf (162.27 Kb)
- Bank-of-New-York-v-Michael-Raftogainis.pdf (2.49 Mb)
- Bank.pdf (343.62 Kb)
- Bankruptcy 3001(c) Proof of Claim Procedural Rules Effective 1Dec11.pdf (210.44 Kb)
- Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided.pdf (253.51 Kb)
- Bankruptcy Recoupment Case.pdf (474.8 Kb)
- Bankruptcy Rule Changes are Almost Here – and You Should Care.pdf (205.97 Kb)
- Bankruptcy cramdown case.pdf (969.5 Kb)
- Banks Contractual Rights. Trumps SOL.pdf (325.61 Kb)
- BasicForeclosureLitigationDefenseManual.pdf (4.42 Mb)
- Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619 (Mo. App., 2009) - The Public Library of Law.pdf (70.21 Kb)
- Bellistri-v-Ocwen-Loan-Servicing-Mo-App-201003091-MERS-has-no-standing.pdf (156.66 Kb)
- Beneficiary Can Foreclose Case.pdf (201.06 Kb)
- Beuavais case.pdf (387.7 Kb)
- Blank Endorsement OK.pdf (68.69 Kb)
- Blank Indoresment Case.pdf (63.87 Kb)
- Bloom+v.+Weiser.pdf (106.09 Kb)
- Borrower lacks standing to bring suit pursuant to statutes is neither obligor_borrower on the Loan.pdf (271 Kb)
- Borrowers Misuse RESPA Notice of Error Letter.pdf (114.24 Kb)
- Borrower’s Surrender in Bankruptcy Resolves Contested Foreclosure.pdf (331.43 Kb)
- Bosecker Sanction case.pdf (130.78 Kb)
- Bosecker Sanction.pdf (130.78 Kb)
- Bosecker Spanked Case.pdf (260.95 Kb)
- Bosecker Spanked Numerous Times.pdf (466.46 Kb)
- Bosecker case.pdf (514.74 Kb)
- Botelho v. US BANK, NA, United_States District_Court, California, Northern_District 2010 - Google Scholar.pdf (289.22 Kb)
- Bradburn Order.pdf (108.59 Kb)
- Bradford Injunction.pdf (242.66 Kb)
- Breach Of Contract- HUD Regs.pdf (183.46 Kb)
- Breach-HUD Regs.pdf (160.08 Kb)
- Brown 2nd Remand.pdf (755.5 Kb)
- Brown Modification Case.pdf (87.64 Kb)
- Business Exception Foreclosure Case.pdf (229.69 Kb)
- Business Records Case.pdf (96.19 Kb)
- By their very nature.pdf (4.1 Kb)
- CA TABLE FUNDING CASE.pdf (158.47 Kb)
- CA. Assignment Case.pdf (242.05 Kb)
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- Loan Mods Not New Loans Case.pdf (400.63 Kb)
- Loans Aren't Securities.pdf (105.19 Kb)
- Lost Docs OK-DART INDUSTRIES v. COMMERCIAL UNION INSURANCE CO., 28 Cal.4th 1059 (2002).pdf (129.67 Kb)
- Lost Note Affidavit Case.pdf (670.95 Kb)
- Lost Note Affidavit.pdf (45.58 Kb)
- Lost Note Case.pdf (1.36 Mb)
- MAILING MUST BE PROVEN BY PRODUCING ADDITIONAL EVIDENCE.pdf (38.79 Kb)
- MARK DEMUCHA et al.pdf (354.16 Kb)
- MARYLAND CASE PUTS THE BRAKES ON FORECLOSURES.pdf (54.32 Kb)
- MASS PSA Case.pdf (454.27 Kb)
- MASSACHUSETTS MORTGAGE HOLDERS MUST STRICTLY COMPLY .pdf (74.09 Kb)
- MCI Audit Case.pdf (1.85 Mb)
- MD Case-Foreclosure Procedures.pdf (219.66 Kb)
- MD Ga Holds SOL on Security Deed is 21 Years.pdf (364.28 Kb)
- MD. Robosigning Case.pdf (79.26 Kb)
- ME decision on show me the note (3).pdf (187.66 Kb)
- MERE PROCEDURAL VIOLATION OF FDCPA INSUFFICIENT.pdf (120.31 Kb)
- MERS Assignment Case.pdf (173.78 Kb)
- MERS CAN FORECLOSE EVEN IF IT DOES NOT HOLD NOTE.pdf (206.7 Kb)
- MERS Can Foreclose In Mass.pdf (195.53 Kb)
- MERS NOT REQUIRED TO HOLD THE NOTE IN ORDER TO FORECLOSE.pdf (178.29 Kb)
- MERS Opinion.pdf (111.82 Kb)
- MERS PROCEDURE NOT VIOLATION OF ALABAMA LAW.pdf (121.15 Kb)
- MERS REMAINS NOMINAL BENEFICIARY WHEN MORTGAGE TRANSFERED.pdf (91.11 Kb)
- MERS STATUTORILY EXEMPTED FROM REQUIREMENT TO OBTAIN A CERTIFICATE OF QUALIFICATION TO CONDUCT BUSINESS IN CALIFORNIA.pdf (106.19 Kb)
- MERS Signer Not Employee.pdf (1003.48 Kb)
- MERS Was Valid Beneficiary As Matter Of Contract Law.pdf (170.9 Kb)
- MERS foreclosure case.pdf (1.98 Mb)
- MERS is a recent creation of the mortgage industry primarily designed.pdf (136.34 Kb)
- MERS+%26+Countrywide+v.+Agin+Memo+%26+Order+unsec+11-17-09.pdf (27.48 Kb)
- MERS+v+Graham.Court+of+Appeals.Kan.20100506.NoSTanding.pdf (1.7 Mb)
- MERS-HAS-NO-STANDING-A-Judge-Who-sees-the-TRUTH.pdf (8.63 Mb)
- MERS-MERS-CALIFORNIA-CASE-Rickie-Walker-Case-California-Mers-Bk-Ed-2010-FULL-SERIES-OF-FILINGS-FOR-CONVENIENCE.pdf (12.1 Mb)
- MERS-Win-Uath Securitization Case.pdf (309.13 Kb)
- MERSCORP IS VICTORIOUS IN APPELLATE COURTS.pdf (111.46 Kb)
- MERS_Williams_Hooge.pdf (210.54 Kb)
- MERS_caselaw+survey+norton+br+advisor.pdf (210.54 Kb)
- MINNESOTA SUPREME COURT CONCLUDES BORROWERS HAVE PRIVATE RIGHT OF ACTION AGAINST SERVICERS FOR HAMP VIOLATIONS.pdf (272.26 Kb)
- MINOR DISCREPANCIES IN NOTICE OF DEFAULT ARE INSUFFICIENT TO SET ASIDE FORECLOSURE SALE IN TEXAS.pdf (129.31 Kb)
- MINOR MISTAKE CAN LEAD TO AVOIDANCE OF MORTGAGE.pdf (124.5 Kb)
- MINOR MISTAKES DOES NOT VOID FORECLOSURE SALE.pdf (77.72 Kb)
- MISREPRESENTATION IN LOAN MODIFICATION AGREEMENT DID NOT VIOLATE FDCPA.pdf (60.11 Kb)
- MOORE v.pdf (30.52 Kb)
- MORTGAGE & FORECLOSURE CASES.pdf (423.16 Kb)
- MORTGAGE & FORECLOSURE CASES.pdf-1927709026.pdf (423.16 Kb)
- MORTGAGE ACKNOWLEDGEMENTS.pdf (265.31 Kb)
- MORTGAGE CONTRACT CAN MAKE MERS THE MORTGAGEE AND AUTHORIZE IT TO ASSIGN THE MORTGAGE ON BEHALF OF THE LENDER.pdf (224.42 Kb)
- MORTGAGE ENFORECABLE NOTWITHSTANDING EXPIRATION OF STATUTE OF LIMITATIONS FOR UNDERLYING PROMISSORY NOTE.pdf (84.36 Kb)
- MORTGAGE HOLDERS NOT SERVICING LOANS, NOT LIABLE UNDER RESPA FOR THE CONDUCT OF LOAN SERVICERS.pdf (171.38 Kb)
- MORTGAGE LENDER ENTITLED TO SALE PROCEEDS AFTER FORECLOSURE.pdf (197.15 Kb)
- MORTGAGE LENDERS CANNOT REQUIRE VERIFICATION OF FUTURE SSDI INCOME IN THE FORM OF PERSONAL MEDICAL INFORMATION.pdf (10.01 Kb)
- MORTGAGE LOAN HISTORIES ARE NOT HEARSAY.pdf (131.49 Kb)
- MORTGAGE LOAN OBLIGATIONS DO NOT CEASE BY VIRTUE OF ANY ASSIGNMENT, WHETHER OR NOT THE ASSIGNMENT WAS LEGITIMATE.pdf (145.58 Kb)
- MORTGAGE MUST CONTAIN SUFFICIENT DESCRIPTION OF PROPERTY.pdf (221.79 Kb)
- MORTGAGE NOT VOID DUE TO LACK OF LICENSURE BY ORIGINATING LENDER.pdf (204.93 Kb)
- MORTGAGE SERVICERS CAN BE DEBT COLLECTORS UNDER ROSENTHAL ACT.pdf (44.46 Kb)
- MORTGAGEE BY MERGER MUST RECORD MORTGAGE ASSIGNMENT TO AVERT A VOIDABLE FORECLOSURE.pdf (260.03 Kb)
- MORTGAGOR CANNOT QUIET HIS TITLE AGAINST THE MORTGAGEE WITHOUT PAYING THE DEBT SECURED.pdf (194.73 Kb)
- MOVING TO RESET FORECLOSURE SALE DURING LOSS MITIGATION DID NOT VIOLATE RESPA OR FDCPA.pdf (135.84 Kb)
- MSFraud_CasesAndResources.pdf (98.47 Kb)
- MT 6 Mil Case.pdf (579.51 Kb)
- Mains A Garfield Dupe Gets Spanked.pdf (260.14 Kb)
- Marshall Malpractice Case.pdf (106.96 Kb)
- Martin v. MERS.pdf (92.79 Kb)
- Martinez-v-AWL-Remand.pdf (113.13 Kb)
- Maryland Appeals Case Upholds FDCPA.pdf (115.62 Kb)
- Maryland Code - § 7-105.1 REAL PROP. Procedure for forclosure. Update Notice This section has been amended by CHAPTER 149 OF 2009 CHAPTER 691 OF 2009 CHAPTER 692 OF 2009.pdf (126.14 Kb)
- Maryland Rules - Rule 2-321. Time for filing answer..pdf (60.37 Kb)
- MarylandForeclosure.pdf (284.51 Kb)
- Massachusetts Appeals Court Clarifies Demand Letter Ruling.pdf (67.49 Kb)
- Massachusetts High Court.pdf (219.43 Kb)
- Master Mortgage Case.pdf (50.47 Kb)
- McCay v. CAPITAL RESOURCES.pdf (80.36 Kb)
- McDONALD v. NATIONAL ENTERPRISES, INC., 262 Va. 184 (2001).pdf (107.4 Kb)
- Mcaffee v. Select Portfolio Servicing, Inc., et al., 40-18-2016 [a Jill Smith case].pdf (1.26 Mb)
- Mclean v. GMAC.pdf (409.53 Kb)
- Md. Case Substitute Trustee.pdf (154.35 Kb)
- Md. Chain Of Title Case Thomas v Nadel.pdf (107.52 Kb)
- Md. Ct. App. BATES v. COHN.pdf (125.01 Kb)
- Md. Foreclosing Lender.pdf (133.58 Kb)
- Md. Trustee Case.pdf (179.39 Kb)
- Md. affidavit law.pdf (8.72 Kb)
- Measely Cases.pdf (204.78 Kb)
- Mediation Not Required Prior to Judicial Foreclosure.pdf (203.75 Kb)
- Mendoza TO THE EXTENT THAT AN ASSIGNMENT WAS IN FACT ROBO-SIGNED, IT WOULD BE VOIDABLE, NOT VOID.pdf (357.83 Kb)
- Merritt-Case-Federal-Appeal-The-opening-brief-by-Countrywide-Bank-Of-America.pdf (227.84 Kb)
- Mers Can Foreclose Case Federal Court Opinions - PANTOJA v. COUNTRYWIDE HOME LOANS, INC. (N.D.Cal. 7-9-2009).pdf (151.87 Kb)
- Mers-Affidavit.pdf (882.96 Kb)
- Mers-is-Not-in-Fact-a-Mortgagee-Mortgage-Electronic-Registration-Systems-Inc-V-Jon-e-Saunders-Et-Al-1.pdf (147.24 Kb)
- Michael v. Crawford.pdf (128.85 Kb)
- Michigan Supreme Court issues opinion on state’s foreclosure statute.pdf (194.5 Kb)
- Michigan-Delay-Case.pdf (31.86 Kb)
- Michigan-MERS-May-NOT-Foreclose-by-Advertisement.pdf (165.52 Kb)
- Minn Case Must Record Assigment.pdf (370.38 Kb)
- Minn Postponment Case.pdf (116.89 Kb)
- Minnesota Courts Provide Troubling Clarification on Dual Tracking Laws.pdf (261.69 Kb)
- Minnesota District case.pdf (1.6 Mb)
- Montana Supreme Court Upholds Large Award against Mortgage Servicer for Deceptive Collection Practices.pdf (164.64 Kb)
- Moore v. Wells Fargo Order Dismissing 12 (b)6.pdf (351.94 Kb)
- Mortensen Order.pdf (511.17 Kb)
- Mortgage And Note One Contract.pdf (259.05 Kb)
- Mortgage Lending Cases.pdf (1.06 Mb)
- Mortgage_Electronic_Registration_Systems,_Inc._et_al_v._Bellistri-CAS-65.pdf (82.48 Kb)
- Mortgagees beware stay relief does not mean you are homeÿfree - Lexology.pdf (161.5 Kb)
- Mortgagee’s Interest in Property Was Not Rendered Null and Void Where Mortgagors Had Acquired Property by Fraudulent Means.pdf (100.33 Kb)
- Mortgages - Case Law Successes.pdf (427.62 Kb)
- Mortgagtee Can Authorize Servicer To Foreclose.pdf (220.25 Kb)
- Must Follow Conditions Precedent (Nicki-PC's conflicted copy 2017-08-25).pdf (120.82 Kb)
- Must Follow Conditions Precedent.pdf (144.7 Kb)
- Must Have Injury To Have Standing.pdf (166.08 Kb)
- Must Name Lender In Notice To Foreclose Case.pdf (100.32 Kb)
- Must Show Damages To Have RESPA Claim.pdf (1.29 Mb)
- N RE JACOBSON.pdf (269.12 Kb)
- N Y SUPREME COURT HOLDS FORECLOSING BANK DOES NOT NEED TO GIVE NOTICE TO BORROWER’S ESTATE.pdf (393.36 Kb)
- N0 PROVISION REQUIRES A FORECLOSING PARTY TO PROVE THE CHAIN OF OWNERSHIP TO A BORROWER IN ORDER TO NON-JUDICIALLY FORECLOSE.pdf (313.24 Kb)
- NC COURT RECOGNIZES NEW CAUSE OF ACTION- BREACH OF A DUTY TO NEGOTIATE IN GOOD FAITH.pdf (284.98 Kb)
- NC Lien Strip Case.pdf (199.59 Kb)
- NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY.pdf (165.5 Kb)
- NEVADA HOA FORECLOSURES CANNOT EXTINGUISH DEEDS OF TRUST HELD BY FANNIE MA.pdf (284.13 Kb)
- NEVADA STATUTES DO NOT REQUIRE PARTIES INITIATING FORECLOSURE TO FIRST PROVIDE PROOF THAT THEY ARE THE HOLDER AND OWNER OF THE MORTGAGE AND NOTE.pdf (76.13 Kb)
- NEW FLORIDA RULES ON FORECLOSURE LAW.pdf (176.86 Kb)
- NEW HBOR LAW CASE.pdf (159.38 Kb)
- NEW JERSEY TRIAL COURT FINDS FORECLOSURE ACTION BARRED BY SIX.pdf (250.57 Kb)
- NEW YORK COURT OF APPEALS RULES POSSESSION OF NOTE.pdf (265.7 Kb)
- NINTH CIRCUIT HOLDS NON-JUDICIAL FORECLOSURE IS NOT DEBT COLLECTION.pdf (256.29 Kb)
- NINTH CIRCUIT HOLDS PROPER CRAMDOWN VALUATION IS REPLACEMENT VALUE.pdf (338.2 Kb)
- NINTH CIRCUIT RULES FORECLOSURE OF DEED OF TRUST IS NOT DEBT COLLECTION.pdf (296.92 Kb)
- NJ 20 YEAR LIMITATIONS PERIOD APPLIES TO ACCELERATED RESIDENTIAL MORTGAGE LOANS.pdf (64.12 Kb)
- NJ COURT ON UCC AND STANDING TO FORECLOSE.pdf (194.24 Kb)
- NJ FEDERAL COURT DISMISSES UNDER ROOKER.pdf (64.52 Kb)
- NJ Robosigning Case.pdf (532.88 Kb)
- NJ Standing Case.pdf (84.49 Kb)
- NJ UNJUST TO ENRICH HOMEOWNER.pdf (113.09 Kb)
- NM Garfield Loss.pdf (241.5 Kb)
- NO ATTYS FEES.pdf (149.8 Kb)
- NO AUTHORITY EXISTS FOR PROPOSITION THAT ACTUAL DECLINE IS REQUIRED TO PROVE CREDIT DAMAGES.pdf (480.22 Kb)
- NO DAMAGE, NO TILA VIOLATION.pdf (1.21 Mb)
- NO DUTY OF CARE OWED IN LOAN MOD NEGOTIATIONS.pdf (97.02 Kb)
- NO DUTY TO OFFER LOAN MOD.pdf (433.71 Kb)
- NO FDCPA ATTORNEYS FEES.pdf (68.54 Kb)
- NO GRIEVANCE LETTER CASE.pdf (72.01 Kb)
- NO GRIEVANCE LETTER.pdf (1.34 Mb)
- NO HARM CAUSED BY SERVICER’S QWR RESPONSE.pdf (117.36 Kb)
- NO HARM TO HOMEOWNERS BECAUSE OF INVALID ASSIGNMENT.pdf (117.47 Kb)
- NO HEIGHTENED PLEADING REQUIREMENT FOR A CLAIM UNDER FLA. STAT. § 494.0025(4.pdf (95.88 Kb)
- NO NEED TO HOLD MORTGAGE TO FORECLOSE.pdf (39.53 Kb)
- NO NEED TO POSSESS NOTE TO HAVE STANDING.pdf (41.03 Kb)
- NO NEW NOTICE REQUIRED IF CASE DISMISSESD WITHOUT PREJUDICE BUT REQUIRED WHEN DISMISSED WITH PREJUDICE.pdf (80.18 Kb)
- NO PRIVATE CAUSE OF ACTION FOR ALLEGED VIOLATIONS OF SECTION 2924, SUBDIVISION (a)(6).pdf (31.98 Kb)
- NO QUIET TITLE IN TITLE THEORY STATE.pdf (207.13 Kb)
- NO RECOGNIZED CIVIL CAUSE OF ACTION FOR FORGERY._.pdf (248.61 Kb)
- NO RECORDED ASSIGNMENTS NECESSARY.pdf (47.72 Kb)
- NO REQUIREMENT IN CALIFORNIA'S NON-JUDICIAL FORECLOSURE SCHEME THAT REQUIRES A BENEFICIAL INTEREST IN THE NOTE TO FORECLOSE..pdf (200.72 Kb)
- NO REQUIREMENT PARTY COMMENCING NONJUDICIAL FORECLOSURE HAVE BENEFICIAL INTEREST IN BOTH NOTE AND THE DEED OF TRUST.pdf (64.92 Kb)
- NO RESPA PENALTY WITHOUT ACTUAL DAMAGES OR SIMILAR ACTS WITH OTHER BORROWERS.pdf (135.9 Kb)
- NO RETROACTIVE APPLICATION OF 2009 TILA AMENDMENT.pdf (264.2 Kb)
- NO RIGHT TO JURY TRIAL IN FORECLOSURE.pdf (337.45 Kb)
- NO SOL FOR RECISSION.pdf (743.12 Kb)
- NO STANDING TO CHALLENGE INVALID ASSIGNMENT.pdf (163.28 Kb)
- NO STATE OR FEDERAL CASES TO SUPPORT THE GLASKI ANALYSIS.pdf (432.97 Kb)
- NO TIME LIMIT ON RECOUPMENT AS A DEFENSE.pdf (122.8 Kb)
- NO WRONGFUL FORECLOSURE UNDER GEORGIA LAW WHERE FORECLOSURE WAS RESULT OF BORROWERS’ DEFAULT.pdf (339.64 Kb)
- NO-STANDING-MERS-v-Arkansas-1.pdf (145.09 Kb)
- NON-COMPLIANCE WITH TEXAS FORECLOSURE RULE DID NOT VOID FORECLOSURE.pdf (198.84 Kb)
- NON-CORPORATION MAY BE DEEMED TO BE A CORPORATION FOR PURPOSES OF ENFORCING AN AGREEMENT.pdf (140 Kb)
- NON-JUDICIAL FORECLOSURE DOES NOT RESULT IN A MORTGAGOR'S OBLIGATION TO PAY MONEY—IT MERELY RESULTS IN THE SALE OF PROPERTY SUBJECT TO A DEED OF TRUST.pdf (556.24 Kb)
- NONJUDICIAL FORECLOSURE DOCUMENTS ARE SUBJECT TO PRIVILEGE.pdf (300.29 Kb)
- NONJUDICIAL FORECLOSURE IS A PRIVATE, CONTRACTUAL PROCEEDING.pdf (221.41 Kb)
- NONJUDICIAL FORECLOSURE LAW DOES NOT PROVIDE FOR THE FILING OF A LAWSUIT TO DETERMINE WHETHER MERS HAS BEEN AUTHORIZED BY THE HOLDER OF THE NOTE TO INITIATE A FORECLOSURE.pdf (487.85 Kb)
- NONJUDICIAL FORECLOSURE NOT AN ACTION.pdf (171.53 Kb)
- NONJUDICIAL FORECLOSURE NOT REGULATED BY THE FDCPA.pdf (89.42 Kb)
- NONJUDICIAL FORECLOSURE SALE IS FINAL ADJUDICATION OF THE DEBT.pdf (197.01 Kb)
- NONJUDICIAL FORECLOSURE SALE IS NOT AN ACTION.pdf (422.68 Kb)
- NOT A HOLDER IN DUE COURSE.pdf (292.27 Kb)
- NOTE AND MORTGAGE STILL ENFORCEABLE AFTER DISMISSAL OF FORECLOSURE ACTION.pdf (268.15 Kb)
- NOTE IS PERSONAL PROPERTY.pdf (369.62 Kb)
- NOTE IS SELF AUTHENTICATING.pdf (353.21 Kb)
- NOTES AND CONTEMPORANEOUS WRITTEN AGREEMENTS EXECUTED AS PART OF THE SAME TRANSACTION WILL BE CONSTRUED TOGETHER AS FORMING ONE CONTRACT.pdf (581.61 Kb)
- NOTES ARE NEGOTIABLE INSTRUMENTS.pdf (354.84 Kb)
- NOTICE OF ASSIGNMENT OF DEBT NOT APPLICABLE TO MORTGAGE LENDERS OR FORECLOSURES.pdf (325.31 Kb)
- NOTICE OF DEFAULT MAY BE RECORDED BY TRUSTEE, MORTGAGEE, OR BENEFICIARY.pdf (122.47 Kb)
- NOWHERE IN THE DEED OF TRUST DOES IT REQUIRE A BENEFICIARY TO PROVIDE COPIES OF ANY POWER OF ATTORNEY TO THE BORROWER.pdf (220.69 Kb)
- NUMEROUS COURTS HAVE RECOGNIZED THAT CHASE BOUGHT ALL OF THE ASSETS' OF WAMU PURSUANT TO P&A AGREEMENT.pdf (107.66 Kb)
- NY order of Reference case Hsbc-Bank-Usa-n-a-as-Trustee-for-Nomura-Asset-backed-Certificate-Series-2006-Af1-Plaintiff-Against-Lovely-Yeasmin-Et-Al-Defendants.pdf (162.86 Kb)
- NY trial court dismissal bc note attached to complaint has no endorsement and assignment is bad - no standing - Foreclosure Defense Google Groups.pdf (462.09 Kb)
- National Bank’s Citizenship Is Determined By Location of Main Office.pdf (356.51 Kb)
- Natl Bank Act Preempts State Law.pdf (46.57 Kb)
- Natl Mortgage Settlement Case.pdf (339.91 Kb)
- New Jersey Appellate Court Holds 2009 Statute of Limitations for Foreclosure Action Does Not Apply Retroactively.pdf (64.08 Kb)
- New Wisconsin Law Raises Bar on Certain Claims Against Lenders.pdf (183.03 Kb)
- New York Supreme Court Appellate Division Affirms Six.pdf (326.17 Kb)
- New York courts have held uniformly that a mortgagor whose loan is owned by a trust is not an intended beneficiary of a trust, and does not have standing to challenge of PSA.pdf (313.36 Kb)
- NewTrak Process Case.pdf (5.37 Mb)
- Nguyen v. Chase Bank 09-04589-AHM-AJW 10-29-2009 Nguyen Contempt Motion.pdf (559.46 Kb)
- Nguyen v. Chase Bank 09-cv-04589-AHM Docket Report as of 09-19-2010.pdf (56.71 Kb)
- Nguyen v. Chase Bank Howard Matz Minutes Order Motion to Dismiss filed 11_2009.pdf (27.78 Kb)
- Nguyen v. Chase Bank Howard Matz' Longstanding Principle.pdf (8.91 Kb)
- Nguyen v. Chase Bank announcement 9-17-10.pdf (265.35 Kb)
- Nguyen v. Chase Bank default judgment.pdf (33.5 Kb)
- No Duty To Disclose case (Nicki-PC's conflicted copy 2017-08-25).pdf (198.58 Kb)
- No Duty To Disclose case.pdf (200.38 Kb)
- No Harm If Note Filed After Complaint.pdf (362.84 Kb)
- No Need To Be In Posession Of Note.pdf (186.44 Kb)
- No Need To File 2nd Notice Of Default.pdf (92.41 Kb)
- No Need To Reaffirm Debt To Get Loan Mod.pdf (127.97 Kb)
- No Need To Record Assignments.pdf (69.08 Kb)
- No Need to File Suit Within 3 Years.pdf (262.89 Kb)
- No Private Action RESPA .pdf (48.7 Kb)
- No Private Right of Action Under Hamp.pdf (66.53 Kb)
- No Rescission TILA Recoupment case.pdf (278.71 Kb)
- No Showing Of Prejudice In Assignment 2013.pdf (129.99 Kb)
- No TILA Right to Cancel for Failure to Disclose Assignment of Loan.pdf (351.56 Kb)
- No Waiver by Accepting Payments After Default but Before Acceleration.pdf (254.83 Kb)
- No private Right of Action.pdf (4.99 Kb)
- No private right of action under a statute is necessary to assert a violation of tstatute as an affirmative defense.pdf (203.33 Kb)
- No trustee Needed To Foreclose.pdf (95.04 Kb)
- No-Proof-Mers-Assigned-Both-Mortgage-and-Note-to-Hsbc.pdf (1.35 Mb)
- NonHolder in Possession of a Mortgage Can Initiate a Foreclosure Action.pdf (791.89 Kb)
- Nonjucial Sale-UCC.pdf (157.86 Kb)
- Nonjudicial Foreclosure-The Full Credit Bid Rule case.pdf (163.97 Kb)
- North-Carolina-Court-of-Appeals-in-the-Matter-of-the-Foreclosure-in-Re-Adams-and-Clayton.pdf (70.32 Kb)
- Notary Case-Missing Language.pdf (391.74 Kb)
- Notary case.pdf (292.5 Kb)
- Note Folows The Mortgage Case.pdf (170.67 Kb)
- Nothing in the Bankruptcy Code or rules requires production of original documents..pdf (513.87 Kb)
- Notice of Default Does Not.pdf (271.76 Kb)
- Notice of Right to Cancel and the Election Not to Cancel do not disclose the Three-day right to rescission under TILA.pdf (103.32 Kb)
- Notice of dismissal.pdf (112.64 Kb)
- OBLIGATIONS EXCUSED WHEN BANK PREVENTED MAKING PAYMENTS.pdf (480.22 Kb)
- OCC- Chase Order.pdf (53.46 Kb)
- OHIO SUPREME COURT RULES STANDING MUST EXIST WHEN FORECLOSURE IS FILED.pdf (194.25 Kb)
- OK To Bring TILA Action After 3 Years CALVIN v. AMERICAN FIDELITY MORTGAGE SERVICES (N.D.Ill. 5-3-2011).pdf (89.74 Kb)
- ONCE A LENDER DECIDES TO CONSIDER A LOAN MODIFICATION APPLICATION, THE LENDER OWES THE BORROWER A DUTY TO EXERCISE REASONABLE CARE IN THE REVIEW OF THE MEDICATION APPLICATION.pdf (511.52 Kb)
- ONCE DEBTOR ASKS FOR VALIDATION, COLLECTION ACTIVITIES MUST CEASE.pdf (136.05 Kb)
- ONE MUST HAVE SIGNED THE PROMISSORY NOTE NOT JUST THE MORTGAGE IN ORDER TO SUE UNDER RESPA.pdf (121.79 Kb)
- ONE-YEAR TIME LIMIT DOES NOT BAR VIOLATION OF TILA AS A MATTER OF DEFENSE BY RECOUPMENT OR SET-OFF IN SUCH ACTION.pdf (301.57 Kb)
- ONLY THE CURRENT BENEFICIARY MAY DIRECT THE TRUSTEE TO UNDERTAKE THE NONJUDICIAL FORECLOSURE PROCESS.pdf (354.26 Kb)
- ORAL DISPUTES UNDER FDCPA OK.pdf (90.58 Kb)
- ORAL MISREPRESENTATIONS BY A BANK HAVE LED VARIOUS FLORIDA COURTS TO HOLD THAT A FIDUCIARY RELATIONSHIP WAS CREATED WITH THE BORROWER.pdf (436.38 Kb)
- ORAL MODIFICATION VIOLATES STATUTE OF FRAUDS.pdf (184.79 Kb)
- ORAL MODIFICATIONS VIOLATE STATUTE OF FRAUDS.pdf (97.1 Kb)
- ORIGINAL LENDER, ITS ASSIGNEE, OR AN AGENT OF ONE OF THESE—MAY INSTRUCT THE TRUSTEE TO COMMENCE AND COMPLETE A NONJUDICIAL FORECLOSURE.pdf (332.05 Kb)
- OUT OF STATE AFFIDAVITS.pdf (250.72 Kb)
- OWNERSHIP OF NOTE IS IRRELEVANT TO THE POWER TO ENFORCE NOTE.pdf (1 Mb)
- Ohio Appraisal Fraud Case.pdf (34.6 Kb)
- Ohio Courts Could Change Course for Chapter 13 Bankruptcy.pdf (70.67 Kb)
- Ohio case On Condition Precedent.pdf (58.14 Kb)
- Only One Signature Needed On Contract.pdf (151.08 Kb)
- Order+Denying+Motion+to+Dismiss+and+Granting+Motion+for+More+Definite+Statement.pdf (129.59 Kb)
- Order-Denying-MTS-and-Granting-MTD-in-part-with-leave-to-amend-Vargas.Ronal-CONFORMED copy.pdf (219.54 Kb)
- Oregon MERS Case.pdf (6.21 Mb)
- Original Note Self-Authenticating.pdf (1.74 Mb)
- Outline of New Jersey Home Ownership Security Act.pdf (116.28 Kb)
- Owner v. Holder Case.pdf (1.43 Mb)
- PAATALO Oregon Loss 2011.pdf (17.28 Kb)
- PARTY ATTACKING THE SALE MUST SHOW PREJUDICE.pdf (221.4 Kb)
- PARTY CANNOT BY NEGLIGENCE OR DESIGN WITHHOLD ISSUES AND LITIGATE THEM IN CONSECUTIVE ACTIONS.pdf (184.92 Kb)
- PARTY SEEKING TO FORECLOSE A MORTGAGE MUST OWN OR CONTROL THE UNDERLYING DEBT.pdf (88.27 Kb)
- PARTY TO UNDERLYING CONTRACT LACKS STANDING TO “ATTACK ANY PROBLEMS WITH THE REASSIGNMENT” OF THAT CONTRACT.pdf (214.81 Kb)
- PARTY WHO HAS BEEN FRAUDULENTLY INDUCED INTO A CONVEYANCE CAN WAIVE HIS RIGHT TO RESCIND, IF, AFTER FULL DISCOVERY OF THE FRAUD, THE PARTY TAKES STEPS TO AFFIRM THE TRANSACTION.pdf (313.53 Kb)
- PAYMENTS MADE BY SERVICERS BENEFIT CERTIFICATE HOLDERS, NOT BORROWERS.pdf (53.95 Kb)
- PERRY v. VIRGINIA MORTG. AND INV. CO., INC., 412 A.2d 1194 (D.C. 1980).pdf (151.15 Kb)
- PERSON MAY CONTRACT TO SELL AN INTEREST IN LAND WHICH HE DOES NOT OWN AT THE TIME OF THE CONTRACT.pdf (407.1 Kb)
- PLAINTIFF CHALLENGING A NONJUDICIAL FORECLOSURE . . . HAS THE BURDEN TO PROVE IT WAS WRONGFUL.pdf (114.91 Kb)
- PLAINTIFF FAILED TO PROVIDE NOTICE AND OPPORTUNITY TO CURE, AS REQUIRED UNDER THE MORTGAGE.pdf (1.34 Mb)
- PLAINTIFF HAS ACTED IN GOOD FAITH IN ATTEMPTING TO MAKE PAYMENTS ON HIS LOAN, BUT DEFENDANT FAILED TO CREDIT PLAINTIFF FOR THOSE PAYMENTS.pdf (77.46 Kb)
- PLAINTIFF IN A SUIT FOR WRONGFUL FORECLOSURE MUST SHOW PREJUDICE.pdf (51.2 Kb)
- PLAINTIFF IS NOT REQUIRED TO BE BOTH THE OWNER AND HOLDER OF THE NOTE TO FORECLOSE.pdf (172.51 Kb)
- PLAINTIFF LACKS STANDING IF HE TRASFERRED OWNERSHIP.pdf (190.95 Kb)
- PLAINTIFF NOT LEGALLY ABLE TO OBTAIN MODIFICATION SINCE SIGNATURE IS NOT ON THE NOTE.pdf (164.32 Kb)
- PLAINTIFF RATIFIED THE NOTE BY ACCEPTING THE LOAN AND PAYING THE MONTHLY INSTALLMENTS FOR A TIME.pdf (140 Kb)
- PLAINTIFF RESTARTED THE SOL WHEN HE ACKNOWLEDGED THE DEBT.pdf (114.08 Kb)
- PLAINTIFFS ARE NOT REQUIRED TO DEMONSTRATE THEY ARE LIKELY TO PREVAIL ON ALL OF THEIR CLAIMS FOR THE ISSUANCE OF A PRELIMINARY INJUNCTION.pdf (77.46 Kb)
- PLAINTIFFS NOT REQUIRED TO PLEAD TENDER OR ABILITY TO TENDER TO SUPPORT TILA RESCISSION CLAIM.pdf (262.28 Kb)
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- PLAINTIFFS, WHO WERE NOT PARTIES TO THE ASSIGNMENT, HAVE NO STANDING TO CHALLENGE THE ASSIGNMENT.pdf (235.83 Kb)
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- POST FORECLOSURE EMOTIONAL DISTRESS DAMAGES AMOUNT TO _ACTUAL DAMAGES_ UNDER RESPA.pdf (408.46 Kb)
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- PROPERTY SELLER’S FAILURE TO DISCLOSE ENVIRONMENTAL CLEANUP ACTIONABLE.pdf (351.16 Kb)
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- Paatalo Montana Loss 2014.pdf (419.93 Kb)
- Paatalo Oregon Loss 2016.pdf (246.84 Kb)
- Paragraph 20 case.pdf (95.74 Kb)
- Paragraph 22 Substantial Compliance.pdf (656.86 Kb)
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- Peterson-price-v-Us-Bank-National-Association-TILA-ASSIGNMENT-SECURITIZATION.pdf (175.2 Kb)
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- Possession Of Note Gives Standing.pdf (44.28 Kb)
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- Postjudgment Reformation case.pdf (45.02 Kb)
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- Presentation of the note is unnecessary because foreclosure by advertisement is a separate remedy from an action at law on the note.pdf (95.01 Kb)
- Preview of “unnamed document”.pdf (265.72 Kb)
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- Promises Must Be In Writing.pdf (148.01 Kb)
- Promisory Estoppel Case.pdf (251.08 Kb)
- Promissory Estoppel Must Be In Writing.pdf (121.95 Kb)
- Promissory Estopple Case.pdf (140.59 Kb)
- Promissory Note Not Hearsay.pdf (305.59 Kb)
- Proof of prior assignments is unnecessary.pdf (161.61 Kb)
- QL-reKwScvv.pdf (70.03 Kb)
- QT Case 8th Circuit.pdf (118.98 Kb)
- QT Case Rhodes v. JP Morgan Chase Bank, N.A. copy.pdf (112.02 Kb)
- QT Case-Harbour Vista.pdf (132.19 Kb)
- QT-California Law Digest.pdf (237.87 Kb)
- QUICKEN LOANS.pdf (296.25 Kb)
- QUIET TITLE CASES.pdf (127.53 Kb)
- QWR CAN’T BE USED TO COLLECT INFORMATION ABOUT AN ERROR IN THE UNDERLYING MORTGAGE.pdf (190.3 Kb)
- QWR Case.pdf (251.66 Kb)
- QWR Cases Plaintiff effectively demands anything that relates to his loan from its inception through July 2009.pdf (265.41 Kb)
- QWR Dmages Case.pdf (99.65 Kb)
- QWR MUST BE SENT TO DESIGNATED ADDRESS.pdf (122.41 Kb)
- QWR Not Sent To Proper Addrees Not QWR.pdf (159.95 Kb)
- Quicken Loans Appeal.pdf (302.73 Kb)
- Quicken Loans Case.pdf (146.84 Kb)
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- Quicken Loans Opinion.pdf (1.1 Mb)
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- Quiet title Case In Ca..pdf (89.01 Kb)
- Quinlan.pdf (759.38 Kb)
- RATIFICATION OF SALE CONSTITUTES A FINAL JUDGMENT FOR PRECLUSION PURPOSES.pdf (160.71 Kb)
- REAL PROPERTY UPDATE.pdf (252.49 Kb)
- REAL PROPERTY WEEKS ENDING DECEMBER 2.pdf (2.71 Mb)
- REASONABLE INVESTIGATION UNDER FCRA.pdf (106.17 Kb)
- RECEIPT OF FALSE OR MISLEADING INFORMATION CONSTITUTES CONCRETE HARM UNDER SPOKEO.pdf (2.1 Mb)
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- ROOKER-FELDMAN DOES NOT APPLY IF STATE COURT HAS GRANTED SUMMARY JUDGMENT TO A FORECLOSING BANK STRIKING A BORROWER’S ANSWER AND DEFENSES, BUT FINAL JUDGMENT HAS NOT YET BEEN ENTERED.pdf (296.48 Kb)
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- Reese v. PROVIDENT FUNDING ASSOCIATES, LLP, Ga Court of Appeals OCGA § 44-14-162.2 (a) require that a notice of foreclosure disclose the identity of the secured creditor.pdf (190.67 Kb)
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- Regulation X Case.pdf (352.34 Kb)
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- Rescission In Md.pdf (113.07 Kb)
- Rescission-Recoupment.pdf (102.77 Kb)
- Restatement Torts.pdf (6.85 Kb)
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- Riggs-v-Aurora.pdf (67.92 Kb)
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- SENDING NOTICE OF DEFAULT IS NOT ATTEMPT TO COLLECT DEBT.pdf (103.59 Kb)
- SERVICE MEMBERS RELIEF ACT Judges Guide.pdf (156.65 Kb)
- SERVICE OF NOTICE IS COMPLETE WHEN DEPOSITED IN THE MAIL.pdf (1.02 Mb)
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- SERVICERS MUST NOTIFY BORROWERS WHETHER MITIGATION APPLICATIONS ARE COMPLETE OR INCOMPLETE WITHIN FIVE DAYS.pdf (694.3 Kb)
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- STATUTE OF LIMITATIONS NEWS.pdf (206.76 Kb)
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- TIME BARRED FORECLOSURES DO NOT FORM BASIS FOR FDCPA.pdf (137.78 Kb)
- TITLE VII—PROTECTING TENANTS AT FORECLOSURE ACT.pdf (67.52 Kb)
- TO ALLEGE A PLAUSIBLE WRONGFUL FORECLOSURE CLAIM, MUST OFFER SPECIFIC FACTS SHOWING HE WAS NOT IN DEFAULT AT THE TIME OF THE FORECLOSURE SALE.pdf (300.67 Kb)
- TO PREVAIL ON A WRONGFUL FORECLOSURE CLAIM, A TRUSTOR OR MORTGAGOR MUST SHOW THAT THERE WAS NO BREACH OF CONTRACT OR FAILURE OF PERFORMANCE ON THEIR PART THAT WOULD JUSTIFY THE FORECLOSURE.pdf (172.44 Kb)
- TO PREVAIL ON CLAIM TO CANCEL INSTRUMENT, PLAINTIFF MUST PROVE INSTRUMENT IS VOID OR VOIDABLE.pdf (130.38 Kb)
- TO THE EXTENT THAT AN ASSIGNMENT WAS IN FACT ROBO-SIGNED, IT WOULD BE VOIDABLE, NOT VOID, AT THE INJURED PARTY'S OPTION.pdf (369.97 Kb)
- TO THE EXTENT THAT AN ASSIGNMENT WAS IN FACT ROBO-SIGNED, IT WOULD BE VOIDABLE, NOT VOID.pdf (357.82 Kb)
- TPP CONSTITUTES CONTRACT TO PROVIDE PERMANENT MOD.pdf (190.8 Kb)
- TPP Mod Breach Case.pdf (262.94 Kb)
- TPP UNDER HAMP MUST GIVE MOD.pdf (733.04 Kb)
- TRANSFER OF NOTE OR DEED OF TRUST AUTOMATICALLY TRANSFERS THE OTHER.pdf (196.47 Kb)
- TRIAL COURT IMPROPERLY FAILED TO ALLOW PRIOR SERVICER’S RECORDS INTO EVIDENCE.pdf (209.62 Kb)
- TRUSTEE HAS NO DUTY TO VERIFY VALIDITY OF LOAN ASSIGNMENT BEFORE FORECLOSURE.pdf (130.01 Kb)
- TRUSTEE MAY INITIATE NONJUDICIAL FORECLOSURE WITHOUT FIRST PROVING OWNERSHIP OF NOTE.pdf (305.15 Kb)
- TRUSTEE MUST INITIATE FORECLOSURE ON THE PROPERTY FOR THE BENEFIT OF THE BENEFICIARY-CREDITOR.pdf (396.11 Kb)
- TRUSTEE'S DUTIES DEFINED BY DEED OF TRUST.pdf (122.37 Kb)
- TRUSTEE'S SALE HELD IN FULL COMPLIANCE WITH FORECLOSURE STATUTES ALL LEGAL INTEREST... IN THE PROPERTY HAD BEEN TERMINATED BY THE TRUSTEE'S SALE.pdf (71.53 Kb)
- TWO PARTIES HAVE STANDING TO INITIATE A NON-JUDICIAL FORECLOSURE SALE- THE MORTGAGEE AND THE MORTGAGE SERVICER ACTING ON BEHALF OF THE MORTGAGEE.pdf (277.76 Kb)
- T]HERE IS NO REQUIREMENT UNDER CALIFORNIA LAW FOR AN ASSIGNMENT TO BE RECORDED IN ORDER FOR AN ASSIGNEE BENEFICIARY TO FORECLOSE.pdf (278.8 Kb)
- T]O PLEAD A CLAIM OF FALSE REPRESENTATION UNDER THE FDCPA, THE PARTY MUST SHOW THAT THE REPRESENTATIONS ARE MATERIAL.pdf (581.94 Kb)
- Tarantola Bankruptcy AZ - 8.09.10 BK court bashes Deutsche.pdf (105.7 Kb)
- Tarantola Case.pdf (41.14 Kb)
- Taylor Appeal with Suggestions.pdf (202 Kb)
- Taylor_v_DeutscheBank[1].pdf (23.87 Kb)
- Tender CasePayments.pdf (314.01 Kb)
- Tender Requirements.pdf (508.91 Kb)
- Texas Chain Of Title Case.pdf (159.92 Kb)
- Texas Foreclosure Litigation.pdf (225.41 Kb)
- Texas Quiet Title Case.pdf (94.46 Kb)
- Texas Show Me The Note Case.pdf (102.42 Kb)
- Texas Split The Note Case.pdf (222.48 Kb)
- Texas Supreme Court Opens Door to Home.pdf (343.98 Kb)
- Texas Supreme Court hands victory to Ocwen in fight over lien release.pdf (120.64 Kb)
- Texas Supreme Court has held that the sale of a promissory note transfers the rights in the deed of trust to the new noteholder regardless of whether the deed is actually transferred as well.pdf (260.83 Kb)
- The Bankruptcy Judge in.pdf (202.44 Kb)
- The Import & Impact of Glaski v. Bank of America - PI Financial Consulting, LLC.pdf (144.19 Kb)
- The Note Is All a Lender Needs to Foreclose - Bank Think Article - American Banker.pdf (832.36 Kb)
- The Supreme Court.pdf (8.6 Kb)
- The affidavit or declaration must be made on personal knowledge.pdf (202.95 Kb)
- The continuing violation doctrine aggregates a series of wrongs or injuries for purposes of the statute of limitations, treating the limitations period as accruing for all of them upon commission or sufferance of the last of them.pdf (219.81 Kb)
- The document the mortgagee must mail to the mortgagor, therefore, is the recorded mortgage release document that the mortgagee receives from the registry of deeds, even when that document is not the “wet ink original..pdf (160.42 Kb)
- The lack of standing at the commencement of a foreclosure action.pdf (4.89 Kb)
- The negligent failure of a party to know or discover the facts.pdf (3.59 Kb)
- The plaintiff failed to produce original copy of a negotiable promissory note as required by 90.953.pdf (134.19 Kb)
- The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose.pdf (193.66 Kb)
- The relationship between a debtor and a creditor is ordinarily a contractual relationship and not a fiduciary relationship.pdf (4.33 Kb)
- The statute of frauds was enacted by the English Parliament in 1677 and has since been the law in both England and in the United States in varying forms.pdf (5.41 Kb)
- The transfer of these notes to the plaintiffs carried with it.pdf (102.48 Kb)
- There is no private cause of action for such an alleged violation of RESPA.pdf (4.34 Kb)
- There is no question that, as a general rule, a proper tender includes amounts that were disbursed to third parties to pay off prior indebtedness.pdf (208.35 Kb)
- Tila case.pdf (240.5 Kb)
- Title Insurance.pdf (151.01 Kb)
- Title X Case.pdf (32.88 Kb)
- To accomplish rescission.pdf (122.38 Kb)
- Toldy_v_Fifth.pdf (81.65 Kb)
- Tolling case KING v. STATE OF CAL., 784 F.2d 910 (9th Cir. 1986).pdf (84.79 Kb)
- Top Signs.pdf (160.44 Kb)
- Transfer case.pdf (82.9 Kb)
- Transfer of an Instrument.pdf (4.87 Kb)
- Transfer-Negotiation case.pdf (101.17 Kb)
- Troy's Case.pdf (79.83 Kb)
- Trust Case- Recission AMONETTE v. INDYMAC BANK, F.S.B. (D.Hawaii 2007).pdf (95.92 Kb)
- Trust Is Sued Through The Trustee.pdf (1.41 Mb)
- Trustee Attorney In fact case.pdf (435.52 Kb)
- Trustees can't delegate.pdf (276.73 Kb)
- Trying to back out of a settlement agreement.pdf (240.01 Kb)
- Two Allonges Same Person.pdf (77.94 Kb)
- Tx Assignment Case.pdf (535.85 Kb)
- U-S-Bank-Na-v-Emmauel-Judge-Arthur-Schack-DISMISSED-WITH-PREJUDICE.pdf (2.37 Mb)
- U.C.C. - ARTICLE 3 -§3-604..pdf (60.93 Kb)
- U.S._Bank_v._Ibanez_et_al_consolidated_case.pdf (91.07 Kb)
- UCC ARTICLE 9 DOES NOT APPLY TO MORTGAGE TRANSACTIONS.pdf (269.66 Kb)
- UCC Doesn't Apply To DOT.pdf (114.74 Kb)
- UCC.pdf (361.16 Kb)
- UDAP-Loan Mod.pdf (105.27 Kb)
- UNAUTHORIZED ACTS BY A TRUSTEE ARE NOT VOID BUT VOIDABLE BECAUSE THE TRUST'S BENEFICIARIES CAN RATIFY SUCH ACTS.pdf (82.56 Kb)
- UNAUTHORIZED ALTERATION OF A WRITTEN INSTRUMENT VOIDS THE INSTRUMENT.pdf (201.27 Kb)
- UNDER A DEED OF TRUST, THE TRUSTEE HOLDS TITLE AND HAS THE AUTHORITY TO SELL THE PROPERTY.pdf (108.55 Kb)
- UNDER RESPA ONLY BORROWERS CAN SUE.pdf (1.41 Mb)
- UNJUST ENRICHMENT CLAIM MUST FALL OUTSIDE THE CONTRACT.pdf (330.72 Kb)
- UNLESS A BORROWER ALLEGES _THAT THEY PAID OFF THE[IR] LOAN OR... [WERE] NOT IN DEFAULT ON THAT LOAN, THEY [HAVE] NO BASIS UPON WHICH TO MAINTAIN AN ACTION FOR QUIET TITLE.pdf (316.38 Kb)
- UNTIMELY ASSIGNMENT TO A SECURITIZED TRUST MADE AFTER THE TRUST'S CLOSING DATE IS MERELY VOIDABLE.pdf (22.81 Kb)
- UPON MERGER PURSUANT TO THIS CHAPTER THE SEPARATE EXISTENCE OF THE DISAPPEARING CORPORATIONS CEASES AND THE SURVIVING CORPORATION SHALL SUCCEED.pdf (69.08 Kb)
- US Bankruptcy Court Read page 14.pdf (448.2 Kb)
- USE OF A THIRD PARTY LENDER TO FUND A LOAN DOES NOT PRECLUDE THE CONSUMMATION OF A VALID CONTRACT BETWEEN THE NAMED LENDER AND THE BORROWER.pdf (505.58 Kb)
- USE OF INTEGRATED RECORDS FROM PRIOR SERVICER.pdf (135.62 Kb)
- USE OF MERS DOES NOT INVALIDATE A FORECLOSURE SALE.pdf (157.41 Kb)
- US_Bank _amended_110328.pdf (164.45 Kb)
- Unbroken Chain.pdf (692.77 Kb)
- Unclean Hands Doctrine.pdf (138.78 Kb)
- Unclean hands Case.pdf (250.35 Kb)
- Understanding the Truth In Lending Act - Real Estate Institute.pdf (249.85 Kb)
- Unless defined... words used “have the meanings given to them by state law or contract.pdf (144.99 Kb)
- Unsecured junior lien can be stripped-off in chapter 13.pdf (162.9 Kb)
- Until some evidence is introduced which would support a finding that the signature is forged or unauthorized, the plaintiff is not required to prove that it is valid..pdf (154.6 Kb)
- VA Conditions Precedent - Matthews v PHH - HUD requires face to face meeting with borrower before foreclosure.pdf (392.52 Kb)
- VALIDITY OF CONTRACTUAL WAIVERS ALLOWS LENDERS TO AVOID CONFIRMATION AS CONDITION PRECEDENT TO DEFICIENCY ACTIONS AGAINST GUARANTORS.pdf (292.04 Kb)
- VANCURA v.pdf (315.16 Kb)
- VERA JOHNSON.pdf (191.65 Kb)
- VOIDABLE TRANSACTION IS ONE THAT IS SUBJECT TO RATIFICATION BY THE PARTIES.pdf (158.76 Kb)
- Va Rooker-Feldman & Res Judicata case.pdf (284.17 Kb)
- Va. Case Fraud (Nicki-PC's conflicted copy 2017-08-25).pdf (108.13 Kb)
- Va. Case Fraud.pdf (104.72 Kb)
- Va. Code 55-59.1.pdf (11.89 Kb)
- Va. Code § 17.1-249. General indexes for clerks' offices; daily index. —.pdf (68.1 Kb)
- Va. Code § 55-157. Substitution of another trustee by creditors. —.pdf (63.23 Kb)
- Va. Law-Security For Costs-Nonresident.pdf (103.5 Kb)
- Va. Law.pdf (57.55 Kb)
- Va. Securitization Loser.pdf (1.01 Mb)
- Veal.pdf (345.37 Kb)
- Verizzo case.pdf (39.76 Kb)
- Verizzo v Bank of New York.pdf (46.65 Kb)
- Vermont MERS Case.pdf (1.59 Mb)
- Violation Of Stay Case.pdf (197.14 Kb)
- Virginia Code - § 55-59. How deed of trust construed.pdf (87.29 Kb)
- Virginia Code - § 59.1-69. Certificate required of person, partnership, limited liability company or corporation transacting business under assumed name..pdf (80.68 Kb)
- Virginia Code - § 59.1-76. Effect of failure to file certificate on right of action. —.pdf (94.52 Kb)
- Virginia Code - § 6.1-5. Who shall not do a banking or trust business. —.pdf (63.89 Kb)
- Virginia Code - § 8.1A-201. General definitions. —.pdf (103.31 Kb)
- Virginia Code - § 8.9A-102. Definitions and index of definitions. —.pdf (123.2 Kb)
- Virginia Code - § 8.9A-210. Request for accounting.pdf (82.99 Kb)
- Virginia case Florez.pdf (1.13 Mb)
- Virginia-Ruggia v Wash Mutaul.pdf (114.33 Kb)
- Virginia.pdf (14.38 Kb)
- Void Deed Notary Case.pdf (226 Kb)
- Void NOD-If Any.pdf (138.98 Kb)
- Void v. Voidable Case.pdf (340.3 Kb)
- Voluntary Dismissal Case.pdf (164.9 Kb)
- WASH SUPREME COURT HOLDS DEED OF TRUST ALLOWING ENTRY AND SECURING OF COLLATERAL NOT ENFORCEABLE.pdf (2.35 Mb)
- WD. Va. Quiet Title.pdf (150.7 Kb)
- WE ARE UNAWARE OF ANY AUTHORITY THAT DICTATES AN AGENT ACTING ON BEHALF OF MERS MUST BE EMPLOYED BY MERS.pdf (186.39 Kb)
- WE CAN FIND NO STATE OR FEDERAL CASES TO SUPPORT THE GLASKI ANALYSIS.pdf (431.1 Kb)
- WELLS FARGO BANK, NATL. ASSN. v. Reyes, 2008 NY Slip Op 51211 - NY Supreme Court, Kings 2008 - Google Scholar.pdf (225.86 Kb)
- WELLS FARGO SUCCESSOR IN INTEREST TO WORLD SAVINGS BANK.pdf (295.01 Kb)
- WHAT CONDUCT CONSTITUTES WAIVER OF ACCELERATION.pdf (275.14 Kb)
- WHEN A CLOSING LAWYER PURPORTS TO ACT MERELY AS A WITNESS” THEY ARE IN VIOLATION OF GEORGIA’S ETHICAL RULES GOVERNING ATTORNEYS.pdf (113.55 Kb)
- WHEN BORROWER SIGNS MORTGAGE, THAT MORTGAGE CANNOT BE EXTINGUISHED THROUGH QUIET TITLE ACTION.pdf (281.62 Kb)
- WHEN LENDER HAS BOTH SENIOR AND JUNIOR DEED OF TRUST CAN FORECLOSE ON BOTH.pdf (136.54 Kb)
- WHEN THE GAVEL FALLS AFTER FORECLOSURE SALES.pdf (130.75 Kb)
- WHERE THE FLORIDA SUPREME COURT HAS PROMULGATED RULES THAT RELATE TO PRACTICE AND PROCEDURE, AND A STATUTE PROVIDES A CONTRARY PRACTICE OR PROCEDURE, THE STATUTE IS UNCONSTITUTIONAL TO THE EXTENT OF THE CONFLICT..pdf (177.64 Kb)
- WHO CAN FORECLOSE IN NJ.pdf (106.95 Kb)
- WITH EACH SUBSEQUENT DEFAULT, THE STATUTE OF LIMITATIONS RUNS FROM THE DATE OF EACH NEW DEFAULT.pdf (67.53 Kb)
- WRONGFUL FORECLOSURE PLAINTIFF LACKS STANDING TO CHALLENGE VALIDITY OF ASSIGNMENT.pdf (87.6 Kb)
- WVa. Appraisal Fraud case.pdf (133.47 Kb)
- Waiver of Rights to Sue Case.pdf (349.6 Kb)
- Warren v. Countrywide Home Loans, Inc.pdf (75.1 Kb)
- Washington Supreme Court Closes the Door on Changing the Locks.pdf (252.06 Kb)
- Watters v. Wachovia Bank, NA, 127 S. Ct. 1559 - Supreme Court 2007.pdf (482.96 Kb)
- We note that two cases cited by homeowner to support dismissal of a foreclosure complaint with prejudice have since been reversed.pdf (3.84 Kb)
- Wells Fargo Bank, NA v. Farmer, 2008 NY Slip Op 51133 - NY Supreme Court, Kings 2008 - Google Scholar.pdf (238.28 Kb)
- Wells fargo v. vallee.pdf (225.72 Kb)
- Wells-stopped-by-res-judicata-collateral-estoppel-5-11.pdf (1.91 Mb)
- Wellsfargov.jordan.pdf (431.26 Kb)
- What's Fraud In Virginia case.pdf (380.61 Kb)
- When a deed is merely voidable.pdf (110.42 Kb)
- When a document supplies the basis for an affiant.pdf (7.96 Kb)
- When is a Wrongful Foreclosure Case a.pdf (351.27 Kb)
- When the action.pdf (95.58 Kb)
- Where a complaint fails to establish standing, the resulting judgment is voidable, not void.pdf (137.59 Kb)
- Where there is no debt—there can be no mortgage..pdf (234.34 Kb)
- Why the Lost Note Defense Doesn't Work That Well in Maryland.pdf (78.03 Kb)
- Williams-v.-Wells-Fargo.pdf (423.38 Kb)
- With Each New Default SOL Runs From New Default.pdf (352.77 Kb)
- Wrongful Foreclosure RACETTE v.B OF A.pdf (158.17 Kb)
- YOUNGER ABSTENTION DOES NOT BAR CLAIMS FOR MONETARY DAMAGES.pdf (180.85 Kb)
- You are legally bound by terms of a legal document you signed without reading.pdf (7.68 Kb)
- Ziegler case-MERS.pdf (101.75 Kb)
- a forgery conviction can be based on a document with a genuine signature.pdf (164.21 Kb)
- altamirano-v-copiague tila-case.pdf (148.24 Kb)
- answer+to+amended+comp,+ad,+ccs,+demand+for+jury.pdf (250.16 Kb)
- bac funding jean jacques.doc.pdf (116.81 Kb)
- belini-vwamu.pdf (83.13 Kb)
- capacitycasescompendium.pdf (2.91 Mb)
- coleman_tila_hoepa_10113397467[1].pdf (165.68 Kb)
- defects in transfer of a promissory note do not allow homeowners to challenge nonjudicial foreclosure, because the homeowner’s obligation remains the same, even if subsequent assignments were invalid.pdf (411.69 Kb)
- demarest_p_i.pdf (2.2 Mb)
- first-franklin-appeal-george-gingo.pdf (162.32 Kb)
- fisette-v-keller-in-re-fisette_[8th_circuit]_(volo.abi.org).pdf (23.74 Kb)
- florida essential elements cause of action negotiable instrument.pdf (220.11 Kb)
- glaski-boas-petition-for-rehearing-filed-8-23-2013-1.pdf (1.09 Mb)
- gov.uscourts.vaed.233910.1.1.pdf (305.17 Kb)
- gov.uscourts.vaed.233910.1.2.pdf (475.03 Kb)
- in-re-tarantola-wl.pdf (301.6 Kb)
- individuals never losing possession of the property cannot recover on a theory of wrongful foreclosure.pdf (294.55 Kb)
- is not preempted by the NBA.pdf (222.77 Kb)
- jaaskelainen-v-wells-fargo-adversary-proceeding-in-a-rescission.pdf (333.34 Kb)
- judge_rose_ruling.pdf (143.98 Kb)
- kbcountrywidecomplaint.pdf (4.03 Mb)
- law is clear testimony is sufficient to prove note transfer and ownership.pdf (277.78 Kb)
- loan mod case.pdf (274.34 Kb)
- mediationorder.pdf (5.06 Mb)
- mersdecision-5-20-10.pdf (162.58 Kb)
- mortgage assignment is not necessary.pdf (116.51 Kb)
- murry_letter.pdf (245.85 Kb)
- nevada-order-mers-and-ocwen-get-bashed-again.pdf (173.53 Kb)
- ohio-appeals-no-note.pdf (131.49 Kb)
- order dismissing action with prejudice 7 20 2007.pdf (229.84 Kb)
- order ny no note with endorsement no valid assignment dismissal - Deutsche Bank Natl Trust v McRae 2010 NY Slip Op 20020.pdf (147.54 Kb)
- order+6+th+cir+Tepper+Deny+msj+samons+no+authority+pro+se+def+8+2009.pdf (269.99 Kb)
- order+Allstar+11th+cir+assignment+not+valid+without+authorization.pdf (28.77 Kb)
- order+Celotex+Corp+v+City+of+New+York+Trustee's+action+is+ulra+vires+if+violates+trust+agreement.pdf (216.32 Kb)
- order+ex+parte+on+mtd+judge+baird+3+2010.pdf (344.29 Kb)
- ordermersslammed.pdf (312.21 Kb)
- padget-one-west-bank-dba-indymac.pdf (164.56 Kb)
- privity stipulates third parties have no rights to a contract between two parties unless one of them assigned the rights.pdf (6.63 Kb)
- rabin-v-brigid-bankr-n-d-ohio-may21-2010-trusteemayavoidmtgduedefectivenotary.pdf (251.19 Kb)
- recission-case-in-tampa.pdf (159.82 Kb)
- representations regarding future loan modifications and foreclosure constitute promises of future action rather than representations of existing fact.pdf (128.86 Kb)
- sanctions for not owning mtg when foreclosing.pdf (126.93 Kb)
- sms_financial_v_abco_homes.pdf (116.43 Kb)
- substituted plaintiff can acquire standing to foreclose if the original party had standing.pdf (145.31 Kb)
- the presence of a date does not implicate the validity of a blank indorsement..pdf (174.66 Kb)
- third party beneficiary NEAR20 psa (28 found).pdf (162.42 Kb)
- tila recision available after loan payoff.pdf (172.04 Kb)
- tila recission payments.pdf (97.64 Kb)
- tila-rescission-case--ruling-in-favor-of-borrowers.pdf (334.54 Kb)
- washington-state-buse-vs-first-american-mers-amended-complaint-well-written-see exhibits.pdf (6.32 Mb)
- wells-fargo-v-ballestas.pdf (105.96 Kb)
- § 2605(k) (1)(D), now requires all servicers of a federally related mortgage to _respond within 10 business days.pdf (168.78 Kb)
- § 3-305-enforcer of lost or stolen instrument must have rights of a holder in due course.pdf (198.4 Kb)
- § 55-156. Recordation.pdf (67.5 Kb)
- § 55-157. Substitution of another trustee by creditors. —.pdf (69.66 Kb)
- § 6.1-471 Securitization Transactions.pdf (107.61 Kb)
Post-Jesinoski Opinions
The US Supreme Court’s Jesinoski opinion became famous for settling a difference of opinion between Circuit Courts of Appeal. Half held that the borrower rescinding conditionally under the Truth in Lending Act (TILA) must file suit within the 3 year repose period after consummation to enforce rescission; the second half held that the borrower did not need to sue within the repose period.
The Supreme Court agreed with the second half. Trial and appellate courts across the land have struck down frivolous arguments such as that the borrower rescinds simply by sending notice even though the creditor did not violate TILA.
Click to show/hide
- 15 U.S.C. § 1640(e) ONE YEAR TIME LIMIT for ACTION for LENDER failure to COMPLY WITH TILA Rescission REQUEST.pdf (1.95 Mb)
- 2015 PA Super 219.pdf (88.91 Kb)
- A NONJUDICIAL FORECLOSURE SALE IS NOT AN ACTION.pdf (335.61 Kb)
- A RESCISSION DOES NOT RELEASE THE BORROWER OF ITS OBLIGATION TO REPAY MONEY STILL OWED UNDER THE TRANSACTION.pdf (171.13 Kb)
- A RESCISSION IN EQUITY REQUIRES THE ACTION OF A COURT TO UNDO THE CONTRACTUAL TRANSACTION.pdf (217.26 Kb)
- ACTION FOR DAMAGES UNDER TILA MUST BE BROUGHT WITHIN ONE YEAR OF THE ALLEGED VIOLATION.pdf (16.99 Kb)
- ACTION UNDER TILA MUST STILL BE FILED WITHIN ONE YEAR OF A VIOLATION'S OCCURRENCE.pdf (293.77 Kb)
- AMADOU WANE and MERLANDE WANE.pdf (291.23 Kb)
- AN OBLIGOR'S RIGHT OF RESCISSION SHALL EXPIRE THREE YEARS AFTER THE DATE OF CONSUMMATION.pdf (167.63 Kb)
- ANDRZEJ MADURA and ANNA DOLINSKA.pdf (158.48 Kb)
- ANY ACTION FOR DAMAGES UNDER TILA MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF THE OCCURRENCE OF THE VIOLATION.pdf (174.33 Kb)
- Another Consummation Loser.pdf (397.39 Kb)
- Another Garfield Follower Sanctioned.pdf (294.23 Kb)
- BANK'S DUTIES ARISE ONLY IF AN OBLIGOR HAS A RIGHT TO RESCIND THE TRANSACTION IN THE FIRST PLACE.pdf (260.17 Kb)
- BARBARA STENNES.pdf (14.35 Kb)
- BERNARD MITCHELL.pdf (286.96 Kb)
- BORROWER MAY RESCIND WITHIN 3 BIZ DAYS OF CONSUMMATION OR 3 YEARS IF LENDER HAS NOT MADE ALL REQUIRED DISCLOSURES.pdf (389.31 Kb)
- BORROWERS’ ACKNOWLEDGMENT OF RECEIPT OF TILA DISCLOSURE DEFEATED THEIR TILA CLAIM.pdf (64.96 Kb)
- BY RESCINDING, THE BORROWER MUST RETURN THE LOAN PRINCIPAL.pdf (68.92 Kb)
- Bank of New York Mellon.pdf (396.21 Kb)
- Bank's Alleged Failure To Take Action Within 20 Days.pdf (278.75 Kb)
- Bankruptcy Over Statutory Limit.pdf (57.64 Kb)
- Beukes v GMAC 8th CCA TILA rescission denied because disclosures were accurate.pdf (66.23 Kb)
- CANNOT RESCIND a loan that was never consummated.pdf (391.26 Kb)
- CHRISTINE J.pdf (385.17 Kb)
- COMPLAINT MUST ALSO BE DISMISSED FOR FAILING TO IDENTIFY WHICH FORMS OR DISCLOSURES WERE NOT PROVIDED TO THEM.pdf (37.41 Kb)
- CONSUMER CONTRACTUALLY OBLIGATED IF THE TRANSACTION DOCS IDENTIFY A LENDER, REGARDLESS OF HOW OR BY WHOM THE LOAN WAS FUNDED.pdf (443.84 Kb)
- CONSUMER WITH RIGHT TO RESCIND MAY RESCIND THE TRANSACTION AGAINST ASSIGNEE.pdf (205.13 Kb)
- CONSUMMATION WHEN CONSUMER SIGNS LOAN DOCUMENTS.pdf (179.02 Kb)
- CONTINUING TO MAKE PAYMENTS NULLIFYS RESCISSION.pdf (149.85 Kb)
- CREDITOR FAILS TO TAKE ACTION WITHIN TWENTY DAYS.pdf (40.35 Kb)
- CREDITORS DO NOT HAVE TO ACCEPT THE VALIDITY OF A RESCISSION NOTE.pdf (291.2 Kb)
- Chauncey L.pdf (292.47 Kb)
- Consummation case.pdf (329.03 Kb)
- Consummation-When Loan Is Closed.pdf (171.3 Kb)
- Courts will not set aside contractual obligations, because one of the parties claims to have been ignorant of or misunderstood the provisions of the contract..pdf (264.89 Kb)
- DEFENDANT PRESENTED NO PROOF TO SUPPORT HIS ALLEGATIONS THAT THE NOTE AND MORTGAGE WERE RESCINDED IN ACCORDANCE WITH TILA.pdf (178.69 Kb)
- DENISE LAQUA BROOKS.pdf (139.13 Kb)
- DEUTSCHE BANK NATIONAL TRUST COMPANY.pdf (214.33 Kb)
- DISMISSAL WITHOUT PREJUDICE IS NOT A DECISION ON THE MERITS AND THUS LACKS PRECLUSIVE EFFECT FOR THE PURPOSES OF CLAIM PRECLUSION.pdf (303.27 Kb)
- DONAVON HENDERSON.pdf (386.54 Kb)
- EDWARD J.pdf (335 Kb)
- ELBERT KIRBY.pdf (391.05 Kb)
- Eqitable tolling case.pdf (285.84 Kb)
- Equitable Tolling Doesn't Apply To statute Of Repose.pdf (165.84 Kb)
- FACT THAT BORROWER PROVIDES TIMELY NOTICE OF RESCISSION DOES NOT MEAN HE HAS AN INDEFINITE PERIOD IN WHICH HE CAN SUE.pdf (169.38 Kb)
- FAREED SEPEHRY.pdf (378.35 Kb)
- Failure To Respond To The Borrower's Request Constitutes A Separate TILA Violation.pdf (178.33 Kb)
- GARY DEAN MAXFIELD.pdf (15.81 Kb)
- GARY LOHSE and HANNEKE LOHSE.pdf (253.45 Kb)
- GEORGE JONES.pdf (519.91 Kb)
- GLENN W.pdf (407.02 Kb)
- HERBERT H.pdf (359.22 Kb)
- HERCULES O.pdf (192.94 Kb)
- Hack Must Return Legal Fees For Making Frivolous Arguments.pdf (475.61 Kb)
- Hack Sanctioned For Following Garfield Arguments.pdf (289.13 Kb)
- Harold J.pdf (379.18 Kb)
- Homeowner Makes Garfield Argument Found To Be Frivolous.pdf (23.11 Kb)
- IF BANK FAILS TO TAKE ACTION WITHIN TWENTY DAYS THE BORROWER HAS ONE YEAR TO FILE SUIT.pdf (40.53 Kb)
- IF NO DISCLOSURE VIOLATION OCCURS, THE RIGHT TO RESCIND ENDS AT THE CLOSE OF THE THREE-DAY WINDOW.pdf (126.25 Kb)
- IF NO MISSING TILA DISCLOSURES, THEN BORROWER HAS THREE DAYS—NOT THREE YEARS TO SEND NOTICE OF RESCISSION.pdf (304.32 Kb)
- IF NO TILA VIOLATION, THEN RIGHT TO RESCIND IS NOT EXTENDED THREE YEARS, ENDS AT THREE-DAY WINDOW FOLLOWING CONSUMMATION OF THE LOAN TRANSACTION.pdf (124.75 Kb)
- IN RE HAFFEY, Bankr. Court, ED Kentucky 2015 - res judicata and MERS assignment.pdf (297.22 Kb)
- IN RE Pinson.pdf (431.02 Kb)
- IN RE sandra.pdf (211.03 Kb)
- IT DOES NOT HOLD THAT THE LENDER MUST SUE HER TO STOP THE RESCISSION OR TO GET ITS MONEY BACK.pdf (120.9 Kb)
- If court dismissed for lack of jurisdiction, saying a controversy doesn't exist which does, Plaintiffs would lose, not win it.pdf (240.76 Kb)
- Ignoring Borrower’s Argument That, Under Jesinoski, Loan “Became A Nullity” When Creditor Failed To Respond Within 20 Days.pdf (213.81 Kb)
- In Re Residential Capital.pdf (285.46 Kb)
- In re JAMES MADISON KELLEY.pdf (401.99 Kb)
- JAMES BRYSON GRAHAM.pdf (215.35 Kb)
- JAMES L Macklin.pdf (266.99 Kb)
- JAMES L.pdf (279.68 Kb)
- JANE M.pdf (14.89 Kb)
- JEFF M.pdf (153.97 Kb)
- JESINOSKI ADID NOT TAKE AWAY COURT'S DISCRETION TO MODIFY RESCISSION PROCEDURES.pdf (42.1 Kb)
- JESINOSKI DOES NOT HOLD THAT THE LENDER MUST SUE TO STOP RESCISSION.pdf (120.87 Kb)
- JESINOSKI DOES NOT PRECLUDE A LENDER FROM TAKING THE POSITION A NOTICE OF RESCISSION IS INVALID.pdf (135.37 Kb)
- JESINOSKI DOES NOT PRECLUDE A LENDER FROM TAKING THE POSITION THAT A TENDERED NOTICE OF RESCISSION IS INVALID.pdf (290.06 Kb)
- JESINOSKI ET UX. v. COUNTRYWIDE HOME LOANS.pdf (135.75 Kb)
- JESINOSKI MERELY STANDS FOR THE PROPOSITION THAT A BORROWER CAN EXERCISE HIS RESCISSION RIGHT BY PROVIDING WRITTEN NOTICE WITHOUT ALSO FILING A LAWSUIT REGARDING THE RESCISSION.pdf (233.67 Kb)
- JESINOSKI NOR ANY OTHER CASE SUGGESTS THAT FAILURE TO RESPOND TO NOTICE OF RESCISSION WAIVES AFFIRMATIVE DEFENSES.pdf (93.6 Kb)
- JESINOSKI does not STANDS FOR THE idea THAT COURTS HAVE NO AUTHORITY TO REVIEW EFFORTS TO ENFORCE Rescission Notice.pdf (372.38 Kb)
- JESINOSKI irrelevant to PLAINTIFF ABILITY TO TENDER PROCEEDS AFTER SENDING RESCISSION NOTICE TO SUCCESSFULLY ASSERT A TILA RESCISSION CLAIM.pdf (396.6 Kb)
- JUDICIAL OPINION relates to FACTS AND ISSUES BEFORE THE COURT; OPINION IS NOT AUTHORITY FOR PROPOSITIONS NOT CONSIDERED.pdf (315.28 Kb)
- Jesinoski Decision Not Change In Law.pdf (75.75 Kb)
- Jesinoski Loses On Remand.pdf (311.38 Kb)
- Jesinoski Opinion Does Not Defeat The Statute of Limitations.pdf (439.75 Kb)
- Jesinoski Spanked Again.pdf (110.58 Kb)
- KIMBERLY COX.pdf (398.86 Kb)
- KOFI OBENG.pdf (137.44 Kb)
- LAURA WALSH and PAUL L.pdf (264.52 Kb)
- LENDER MUST CONSENT TO RESCISSION OR COURT MUST RULE THAT BORROWER IS ENTITLED TO RESCIND.pdf (578.51 Kb)
- LENDER NEED NOT RESPOND TO A LEGAL NULLITY OR BE FOREVER BARRED FROM ASSERTING THE LIMITATIONS PERIOD.pdf (334.68 Kb)
- LENDER'S USE OF A THIRD-PARTY LENDER DOES NOT PRECLUDE CONTRACT FORMATION.pdf (179.06 Kb)
- LEONARD K.pdf (341.69 Kb)
- LISA P.pdf (289.67 Kb)
- LOAN CONSUMMATED at closing WITH THE EXECUTION OF A NOTE AND MORTGAGE, AND A DISBURSEMENT OF LOAN PROCEEDS.pdf (188.28 Kb)
- LOAN CONTRACT WAS CONSUMMATED ON DATE CUSTOMERS SIGNED CONTRACT AND RECEIVED RESCISSION NOTICE.pdf (292.51 Kb)
- LOAN IS CONSUMMATED WHEN THE PROCEEDS OF THE LOAN ARE ISSUED.pdf (334.68 Kb)
- Lender's Use Of Undisclosed Third Party To Complete A Secured Transaction Insufficient To Preclude Consummation Under TILA.pdf (184.28 Kb)
- MARK W.pdf (14.19 Kb)
- MARSHALL E.pdf (159.63 Kb)
- MARTHA JO PETERS.pdf (368.07 Kb)
- NO FEDERAL RIGHT TO RESCIND, DEFENSIVELY OR OTHERWISE, AFTER THE 3-YEAR PERIOD OF § 1635(F) HAS RUN.pdf (175.69 Kb)
- NOT ENTITLED TO DISCOVERY WHEN NO DEFECTS WITH NOTES OR MORTGAGES.pdf (37.37 Kb)
- NOTE IS EVIDENCE OF CONSUMMATION.pdf (372.38 Kb)
- NOTICE OF INTENT TO RESCIND renders transaction voidable, not void, if LENDER CONTESTS THE BASIS.pdf (276.79 Kb)
- NOTICE OF RESCISSION IS NOT EFFECTIVE IF OBLIGOR LACKS EITHER THE INTENTION OR THE ABILITY TO REPAY THE LOAN.pdf (42.1 Kb)
- NOTICE OF RESCISSION RENDERS THE SECURITY INTEREST VOID WHERE THE CREDITOR ACQUIESCES IN THE RESCISSION OR IGNORES IT.pdf (425.84 Kb)
- NOTIFICATION OF CANCELLATION DOES NOT AUTOMATICALLY VOID THE LOAN CONTRACT.pdf (184.02 Kb)
- Nonsense if PLAINTIFF claims 3 YEAR TILA Rescission Repose PERIOD REMAINS OPEN BECAUSE DEF FAILED TO IDENTIFY THE LENDER or consummate LOAN.pdf (252.66 Kb)
- OBLIGOR WHO SENT Rescission Notice BUT RECEIVED NO RESPONSE MAY NOT WAIT INDEFINITELY BEFORE FILING A LAWSUIT.pdf (188.28 Kb)
- ONCE A DEBTOR ENTERS BANKRUPTCY, DEBTOR MAY NOT DETERMINE WHAT CLAIMS THE TRUSTEE SHOULD AND SHOULD NOT PURSUE.pdf (304.71 Kb)
- PAMELA A SHELDON.pdf (311.43 Kb)
- PROMISSORY NOTES DO NOT NEED TO BE SIGNED BY THE LENDER TO BE VALID AND ENFORCEABLE.pdf (66.75 Kb)
- Paatalo MTD Denied.pdf (2.02 Mb)
- Patalo Loss docx.pdf (176.54 Kb)
- REGINALD JONES.pdf (279.9 Kb)
- RESCISSION DOES NOT APPLY TO A REFINANCING OF THE PRINCIPAL BALANCE BY THE SAME CREDITOR.pdf (321.49 Kb)
- RESCISSION IS NOT AUTOMATIC.pdf (140.05 Kb)
- RONALD L.pdf (322.17 Kb)
- RONNIE MOORE, v. DIANE ROSENBURG, et al., SUBSTITUTE TRUSTEES.pdf (148.35 Kb)
- Rescission Does Not Apply To Purchase Of Home.pdf (186.54 Kb)
- SECURITIZATION OF A LOAN DOES NOT INVALIDATE THE DEED OF TRUST OR ALLOW CHALLENGE TO THE LOAN'S VALIDITY.pdf (157.28 Kb)
- SERVICER MUST NOTIFY A BORROWER OF ASSIGNMENT OF SERVICING OF LOAN NOT ASSIGNMENT OF INTEREST OF LOAN.pdf (100.09 Kb)
- STANLEY M.pdf (206.03 Kb)
- STANLEY MARCUS GALYEAN.pdf (146.49 Kb)
- STEPHEN JACKSON.pdf (261.63 Kb)
- STEVEN K.pdf (151.14 Kb)
- SUSAN BATISTA.pdf (272.15 Kb)
- THE NOTE AND THE LIEN CONSTITUTE SEPARATE OBLIGATIONS THAT MAY BE LITIGATED IN SEPARATE LAWSUITS.pdf (97.28 Kb)
- THE STATUTE IS NOT SELF-EFFECTUATING AND IMPOSES NO AUTOMATIC OBLIGATION ON DEFENDANT TO RESCIND THE MORTGAGE LOAN.pdf (158.1 Kb)
- THE TILA RIGHT OF RESCISSION IS EXTINGUISHED UPON THE SALE OF THE PROPERTY, EVEN IF THE SALE OCCURS AFTER NOTICE OF A RESCISSION CLAIM.pdf (294.9 Kb)
- THE UNCONDITIONAL RIGHT TO RESCIND LASTS ONLY THREE DAYS.pdf (145.67 Kb)
- THE `RIGHT OF RESCISSION SHALL EXPIRE THREE YEARS AFTER THE DATE OF CONSUMMATION.pdf (181.63 Kb)
- THERE IS NO TWENTY-DAY TIME LIMIT FOR BRINGING AN ACTION TO VOID THE RESCISSION NOTICE IN THAT REGULATION..pdf (364.64 Kb)
- THOMAS D.pdf (14.01 Kb)
- THREE-YEAR PERIOD FOR A TILA RESCISSION CLAIM IS NOT SUBJECT TO EQUITABLE TOLLING.pdf (525.64 Kb)
- THREE-YEAR PERIOD TO EXERCISE RIGHT OF RESCISSION UNDER TILA.pdf (20.25 Kb)
- TILA 3-YEAR PERIOD IS A STATUTE OF REPOSE THAT EXTINGUISHES THE ABILITY TO SEEK RESCISSION AND THE RIGHT OF RESCISSION ITSELF.pdf (140.98 Kb)
- TILA ALLOWS FOR AN UNTIMELY TILA CLAIM IF IT IS BROUGHT AS A DEFENSIVE RECOUPMENT OR SET-OFF, EXCEPT AS OTHERWISE PROVIDED BY STATE LAW.pdf (162.48 Kb)
- TILA CLAIMS MUST FIRST BE EXHAUSTED UNDER FIRREA..pdf (262.27 Kb)
- TILA DOES NOT APPLY TO RESIDENTIAL MORTGAGE TRANSACTIONS.pdf (172.37 Kb)
- TILA DOES NOT APPLY TO RESIDENTIAL MORTGAGES USED TO FINANCE THE INITIAL ACQUISITION OR CONSTRUCTION OF A DWELLING.pdf (246.31 Kb)
- TILA EXEMPTS A _RESIDENTIAL MORTGAGE TRANSACTION_ FROM THE RIGHT OF RESCISSION.pdf (119.7 Kb)
- TILA GIVES A BORROWER NO PERMISSION TO ASSERT THE RIGHT OF RESCISSION AS AN AFFIRMATIVE DEFENSE AFTER THE 3 YEAR REPOSE PERIOD.pdf (149.11 Kb)
- TILA PROVIDES NO RELIEF SIMPLY BECAUSE BANK FAILED TO RESPOND TO THE NOTICE OF RESCISSION.pdf (24.04 Kb)
- TILA TimeBarred Case.pdf (923.66 Kb)
- TILA VIOLATION BY ITSELF DOES NOT ENTITLE A BORROWER TO RESCISSION.pdf (56.13 Kb)
- TILA claims HAVE 3-YEAR STATUTE OF LIMITATIONS FOR RESCISSION ACTIONS, AND A 1-YEAR STATUTE OF LIMITATIONS FOR DAMAGES ACTIONS.pdf (145.66 Kb)
- TILA does not require creditor to contest rescission notice within 20 days.pdf (399.2 Kb)
- TILA three-year period is a statute of repose, rather than a statute of limitations, not subj to equitable tolling.pdf (2.76 Mb)
- TILA'S THREE-YEAR LIMITATION PERIOD COMPLETELY EXTINGUISHES THE RIGHT OF RESCISSION.pdf (329.44 Kb)
- TILA's rescission provision does not apply to a purchase.pdf (39.51 Kb)
- TILA-BASED RIGHT TO RESCISSION DOES NOT APPLY TO A RESIDENTIAL MORTGAGE TRANSACTION.pdf (34.29 Kb)
- TO RECEIVE ACTUAL DAMAGES FOR A TILA CLAIM, A PLAINTIFF MUST ESTABLISH DETRIMENTAL RELIANCE ON THE LACK OF DISCLOSURE.pdf (163.04 Kb)
- TO STATE A TILA CLAIM, PLAINTIFF MUST ALLEGE A DEFECT IN THE LENDER'S MATERIAL DISCLOSURES.pdf (156.33 Kb)
- TO THE EXTENT THAT AN ASSIGNMENT WAS IN FACT ROBO-SIGNED, IT WOULD BE VOIDABLE, NOT VOID.pdf (265.49 Kb)
- TOLLING DOES NOT APPLY TO STATUTE OF REPOSE.pdf (330.72 Kb)
- TOM SAMUELSON and LISA SAMUELSON.pdf (408.12 Kb)
- TRANSACTION IS _CONSUMMATED_ WHEN CONSUMER BECOMES CONTRACTUALLY OBLIGATED.pdf (102.75 Kb)
- The Bank of New York Mellon.pdf (300.08 Kb)
- The Jesinoski Opinion Vs.pdf (1.7 Mb)
- The Loan Is Closed With The Execution Of The Note And Mortgage.pdf (328.08 Kb)
- The statute of limitations on TILA-damages claims is generally one year from the date of the violation.pdf (301.63 Kb)
- Tolling ceases once a claimant retains counsel - has gained means knowledge of rights; has constructive knowledge of the law's requirements.pdf (366.26 Kb)
- U.pdf (175.69 Kb)
- USE OF AN UNDISCLOSED THIRD PARTY TO COMPLETE A SECURED TRANSACTION IS INSUFFICIENT TO PRECLUDE CONSUMMATION UNDER TILA.pdf (303.99 Kb)
- VERA JOHNSON.pdf (191.65 Kb)
- Vexatious Litigation case.pdf (202.95 Kb)
- WILLIAM ROBERT FAYANT.pdf (13.92 Kb)
- Wrong TILA Notice Case.pdf (222.65 Kb)
- YOUNGER DOCTRINE DOES NOT APPLY TO ONGOING STATE FORECLOSURE CASES.pdf (213.93 Kb)
- nothing in the Jesinoski decision abolishes the Rooker-Feldman doctrine.pdf (160.32 Kb)
- §1635(F) IS NOT SUBJECT TO TOLLING.pdf (35.29 Kb)
- §1635(f) is a statute of repose, depriving the courts of subject matter jurisdiction.pdf (292.7 Kb)
- §1640(E) SETS A ONE-YEAR PERIOD OF LIMITATIONS FOR SUITS.pdf (131.09 Kb)
Post-Yvanova Opinions
Tsvetana Yvanova lost her California home to foreclosure and sued for wrongful foreclosure. The Yvanova case dealt with the question of whether the borrower can challenge a deed of trust foreclosure on the basis that a wrongful assignment of the note deprived the foreclosing party of the right to foreclose.
The California Supreme Court said yes and sent the case back to the appellate court for disposition. The appellate court ruled against Yvanova. She had alleged that the note had entered the securitization trust after the closing date of the Pooling and Servicing Agreement, and that the bankrupt mortgage company had no right to sell the note to the securitization trust, and only the liquidation trustee had that right.
Many court opinions since Yvaonova have struck down similar frivolous argument.
Click to show/hide
- 2934A ALLOWS SUBSTITUTION... AFTER A NOTICE OF DEFAULT HAS BEEN RECORDED.pdf (165.65 Kb)
- 9th Circuit Affirms Dismissal Of TILA And RESPA Claims Against Lenders.pdf (147.22 Kb)
- A BENEFICIARY DOES NOT NEED TO POSSESS THE UNDERLYING PROMISSORY NOTE TO INITIATE A NONJUDICIAL FORECLOSURE.pdf (235.05 Kb)
- A BORROWER DOES NOT HAVE STANDING TO CHALLENGE DEFECTS IN TRUST ASSIGNMENTS THAT ARE MERELY VOIDABLE.pdf (180.49 Kb)
- A BORROWER MAY NOT ATTEMPT TO PREEMPT A THREATENED NONJUDICIAL FORECLOSURE BY A SUIT QUESTIONING THE FORECLOSING PARTY'S RIGHT TO PROCEED.pdf (13.03 Kb)
- A CAUSE OF ACTION FOR WRONGFUL FORECLOSURE MUST SHOW PREJUDICE.pdf (59.99 Kb)
- A DEED OF TRUST IS INSEPARABLE FROM THE NOTE IT SECURES.pdf (138.86 Kb)
- A DEED OF TRUST NEED NOT BE RECORDED TO PERFECT AN ASSIGNEE'S INTEREST.pdf (290.86 Kb)
- A PARTY WHO SIGNS A CONTRACT `CANNOT COMPLAIN OF UNFAMILIARITY WITH THE LANGUAGE OF THE INSTRUMENT.pdf (231.89 Kb)
- A POST-CLOSING DATE TRANSFER IS NOT VOID, ONLY VOIDABLE..pdf (461.31 Kb)
- A VOIDABLE TRANSACTION, UNLIKE A VOID ONE, IS SUBJECT TO RATIFICATION BY THE PARTIES.pdf (256.07 Kb)
- ABSENT DISPUTE AMONGST LENDERS, PARTY SHOWING AN ASSIGNMENT OR OTHER OWNERSHIP INTEREST MAY FORECLOSE.pdf (183.56 Kb)
- ADVANCES MADE BY A PARTY TO AN INVESTMENT POOLING AGREEMENT BECAUSE THE ADVANCES ARE NOT MADE ON BEHALF OF, OR FOR THE BENEFIT OF, THE BORROWER.pdf (224.2 Kb)
- AGREEING TO THE EXPRESS TERMS OF THE DEED OF TRUST GRANTS MERS THE POWER TO FORECLOSE AND THE POWER TO ASSIGN ALL OF ITS BENEFICIAL INTEREST.pdf (187.26 Kb)
- ALLEGING NOTE & DEED OF TRUST WERE SPLIT IS INSUFFICIENT TO ALLEGE THAT A MORTGAGE WAS UNENFORCEABLE.pdf (260.25 Kb)
- AN ASSIGNMENT AFTER THE CLOSING DATE IS NOT VOID BUT ONLY VOIDABLE.pdf (198.73 Kb)
- AN ASSIGNMENT AFTER THE PUBLICIZED CLOSING DATE IS VOIDABLE, NOT VOID, UNDER NEW YORK LAW.pdf (357.58 Kb)
- AN ASSIGNMENT BECOME EFFECTIVE ON THE DATE OF ASSIGNMENT, NOT WHEN IT IS RECORDED.pdf (163.04 Kb)
- AN ASSIGNMENT CAUSES NO SERIOUS INJURY IF A BORROWER'S OBLIGATIONS REMAINED UNCHANGED AFTER THE ASSIGNMENT.pdf (47.34 Kb)
- AN UNAUTHORIZED ACT BY THE TRUSTEE IS NOT VOID BUT MERELY VOIDABLE BY THE BENEFICIAR.pdf (163.71 Kb)
- AN UNTIMELY ASSIGNMENT INTO A SECURITIZED TRUST IS NOT VOID, BUT MERELY VOIDABLE, AND THAT BORROWERS LACK STANDING TO CHALLENGE SUCH ASSIGNMENTS.pdf (18.54 Kb)
- AN UNTIMELY ASSIGNMENT TO A SECURITIZED TRUST IS MERELY VOIDABLE, RATHER THAN VOID.pdf (413.62 Kb)
- ANY FAILURE TO COMPLY WITH THE TERMS OF THE PSA RENDERS THE ASSIGNMENT OF PLAINTIFF'S MORTGAGE LOAN VOIDABLE, NOT VOID.pdf (294.96 Kb)
- ANY FAILURE TO COMPLY WITH THE TERMS OF THE PSAS D[OES] NOT RENDER THE ACQUISITION OF PLAINTIFFS' LOANS AND MORTGAGES VOID.pdf (293.38 Kb)
- APPELLANTS ALLEGE NO FACTS SHOWING A VOID ASSIGNMENT OF THE DEED OF TRUST.pdf (168.55 Kb)
- APPELLANTS CITE TO NO EVIDENCE THAT THE NOTE WAS NOT TRANSFERRED TO THE TRUST BY THE DEADLINE.pdf (458.98 Kb)
- AS A GENERAL MATTER IN CALIFORNIA, BORROWERS CANNOT RAISE ANY OBJECTIONS TO ASSIGNMENTS OF THE NOTE AND DEED OF TRUST.pdf (63.16 Kb)
- AS A NEGOTIABLE INSTRUMENT, THE NOTE MAY BE TRANSFERRED WITHOUT THE APPROVAL OF, OR EVEN NOTICE TO, THE BORROWER.pdf (61.55 Kb)
- ASSIGNMENT IS MERELY VOIDABLE; THE TRANSACTION IS NOT VOID UNLESS AND UNTIL ONE OF THE PARTIES TAKES STEPS TO MAKE IT SO.pdf (420.68 Kb)
- ASSIGNMENT MADE AFTER THE TRUST'S CLOSING DATE IS MERELY VOIDABLE.pdf (137.82 Kb)
- ASSIGNMENT OF LOAN INTO TRUST ALLEGEDLY FORGED OR UNTIMELY IS VOIDABLE SO, BORROWER LACKS STANDING TO CHALLENGE ITS VALIDITY.pdf (153.86 Kb)
- ASSIGNMENT TO TRUST AFTER CLOSING DATE IS VOIDABLE, NOT VOID, UNDER NEW YORK TRUST LAW.pdf (166.38 Kb)
- ASSIGNMENTS MADE IN CONTRAVENTION OF TRUST'S GOVERNING DOCUMENT TERMS ARE NOT VOID UNDER NEW YORK LAW.pdf (168.7 Kb)
- ASSUMING ASSIGNMENT WAS ROBO-SIGNED, FORGED, OR OTHERWISE UNAUTHORIZED, IT IS SUBJECT TO RATIFICATION..pdf (139.34 Kb)
- Another Court Granting Attorney's Fees.pdf (273.39 Kb)
- Assignment Caused No Injury.pdf (41.14 Kb)
- BENEFICIARIES MAY RATIFY UNAUTHORIZED ACTS BY TRUSTEES.pdf (129.52 Kb)
- BORROWER DOES NOT HAVE STANDING TO CHALLENGE A PURPORTED UNTIMELY ASSIGNMENT OF A DEED OF TRUST.pdf (383.9 Kb)
- BORROWER HAS NOSTANDING TO CHALLENGE ASSIGNMENT; BENEFICIARIES, NOT THE BORROWER, MAY RATIFY TRUSTEE UNAUTHORIZED ACTS.pdf (332.05 Kb)
- BORROWER LACKS STANDING TO PREEMPTIVELY CHALLENGE THE AUTHORITY OF THE ENTITY PURSUING A NONJUDICIAL FORECLOSURE.pdf (183.35 Kb)
- BORROWERS HAVE STANDING TO CHALLENGE ASSIGNMENTS AS VOID, BUT NOT AS VOIDABLE.pdf (185.27 Kb)
- BORROWERS LACK STANDING TO CHALLENGE ASSIGNMENTS OF LOANS INTO A SECURITIZED TRUST.pdf (17.35 Kb)
- CA COURTS HELD THAT BORROWERS LACK STANDING TO CHALLENGE MRTG ASSIGNMENT VALIDITY BASED ON ALLEGED PSA VIOLATIONS.pdf (129.56 Kb)
- CA COURTS HELS UNIVERSALLY THAT MERS, AS NOMINEE BENEFICIARY, MAY ASSIGN ITS INTEREST UNDER A DEED OF TRUST.pdf (159.23 Kb)
- CA Closing Date Argument Loser.pdf (320.43 Kb)
- CA LAW DOES NOT PERMIT THE USE OF A LAWSUIT TO DELAY OR PREVENT A FORECLOSURE SALE THAT HAS NOT YET OCCURRED.pdf (116.11 Kb)
- CA NONJUDICIAL FORECLOSURE LAW DO NOT REQUIRE THAT THE NOTE BE IN THE POSSESSION OF THE PARTY INITIATING THE FORECLOSURE.pdf (163.14 Kb)
- CA SUPREME COURT HOLDS THAT BORROWERS MAY CHALLENGE VALIDITY of NOTE, DOT ASSIGNMENT IN Wrongful Foreclosure ACTION.pdf (373.91 Kb)
- CA SUPREME COURT OPENS DOOR FOR WRONGFUL FORECLOSURE LAWSUITS AND CHALLENGES TO TRANSFERS OF MORTGAGES.pdf (289.87 Kb)
- CA SUPREME COURT.pdf (287.42 Kb)
- CA Supreme Court Finds Borrowers Have Standing To Challenge.pdf (274.2 Kb)
- CHASE HAS DEMONSTRATED THAT IT PURCHASED THE MORTGAGE FROM WAMU.pdf (163.97 Kb)
- CLAIM FOR WRONGFUL FORECLOSURE IS wrongful SALE OF REALTY PURSUANT TO A POWER OF SALE IN A MORTGAGE OR DOT.pdf (398.84 Kb)
- Case Explaining HAMP.pdf (455.32 Kb)
- DANIEL COX and OLGA COX.pdf (179.98 Kb)
- DEBTOR CANNOT MAINTAIN PREFORECLOSURE SALE CHALLENGE of TD SECURITIZATION OR TD BENEFICIARY AUTHORITY TO FORECLOSE.pdf (285.69 Kb)
- DECISION LIMITING THE REACH OF YVANOVA.pdf (275.19 Kb)
- DEFAULTING BORROWER MAY NOT PREEMPT NONJUDICIAL FORECLOSURE Based on hunch about AUTHORITY TO FORECLOSE.pdf (397.86 Kb)
- EQUITABLE ESTOPPEL, LACHES & UNCLEAN HANDS BAR inequitable or negligent litigant from ASSERTING RIGHTS IN COURT.pdf (433.92 Kb)
- EVEN IF PARTY HOLDING DOT FAILS TO HAND IT OVER TO THE NOTE HOLDER, THE NOTE HOLDER HAS THE RIGHT TO FORECLOSE.pdf (322.21 Kb)
- EVEN IF THE ASSIGNMENT WAS RECORDED LATE, THE DEED OF TRUST WOULD ONLY BE RENDERED VOIDABLE, NOT VOID.pdf (144.85 Kb)
- FAILING TO ASSIGN THE DOT OR ENDORSING THE NOTE RENDER A MORTGAGE ASSIGNMENT VOIDABLE, NOT VOID.pdf (255.25 Kb)
- FAILURE TO SATISFY THE STATUTE OF FRAUDS MERELY RENDERS A CONTRACT VOIDABLE, NOT VOID.pdf (288.36 Kb)
- FALLOUT FROM YVANOVA RULING COULD STRANGLE HOUSING MARKET.pdf (336.41 Kb)
- FIDEL MENDOZA.pdf (39.34 Kb)
- Foreclosure Not RICO Claim.pdf (335.09 Kb)
- Fourth Circuit Case on Modification of Residential Mortgage.pdf (326.61 Kb)
- GLASKI HAS BEEN REJECTED ALL CALIFORNIA COURTS TO CONSIDER THE ISSUE.pdf (199.19 Kb)
- GLASKI'S INTERPRETATION OF NEW YORK LAW HAS BEEN EXPLICITLY REJECTED BY THE SECOND CIRCUIT COURT OF APPEALS.pdf (398.28 Kb)
- HBOR Grants PRIVATE CAUSE OF ACTION TO BORROWERS WHERE SERVICERS ROBOSIGNed or VIOLATED 2923 AND 2924.pdf (165.72 Kb)
- HOLDER OF A PROMISSORY NOTE IS THE BENEFICIARY, REGARDLESS OF WHETHER THE HOLDER IS ALSO THE OWNER OF THE NOTE.pdf (405.63 Kb)
- IF THE PSA IS GOVERNED BY NY LAW ASSIGNMENT VOIDABLE.pdf (358.59 Kb)
- IN THE CONTEXT OF OVERCOMING A VOIDABLE SALE, THE DEBTOR MUST TENDER ANY AMOUNTS DUE UNDER THE DEED OF TRUST.pdf (382.28 Kb)
- KEITH HARD.pdf (340.15 Kb)
- Keshtgar Overturned.pdf (261.64 Kb)
- LAURA SATERBAK.pdf (219.38 Kb)
- LOANS & DEEDS OF TRUST WERE OBTAINED BY FRAUD OR FORGERY WOULD MAKE THE DEEDS VOIDABLE, NOT VOID.pdf (198.47 Kb)
- Lender Does Not Have a common law duty of care to offer, consider, or approve a loan modification, or to offer... alternatives to foreclosure.pdf (372.42 Kb)
- MAJORITY OF COURTS THAT HAVE DECLINED TO EXTEND YVANOVA.pdf (355.28 Kb)
- MERE ALLEGATIONS AN ASSIGNMENT IS DEFECTIVE AND THEREBY VOID ARE INSUFFICIENT; TO PLEAD WRONGFUL FORECLOSURE.pdf (438.7 Kb)
- MERE EXISTENCE OF TILA VIOLATIONS AND LACK OF DISCLOSURE DOES NOT ITSELF EQUITABLY TOLL THE STATUTE OF LIMITATIONS.pdf (14.64 Kb)
- NEITHER YVANOVA NOR HBOR AUTHORIZES PLAINTIFF TO BRING A SUIT TO PREEMPT A THREATENED NONJUDICIAL FORECLOSURE.pdf (40.23 Kb)
- NEW YORK CASE GLASKI RELIED ON HAS BEEN OVERTURNED.pdf (331.75 Kb)
- NOTATION ADDED IS IRRELEVANT AS THE PLAINTIFF ALLEGES NO HARM THEREFROM.pdf (325.68 Kb)
- No Statute of Limitations for Foreclosing Accelerated Loan.pdf (558.87 Kb)
- ONCE A DEBTOR ENTERS BANKRUPTCY, THE DEBTOR MAY NOT DETERMINE WHAT CLAIMS THE TRUSTEE SHOULD AND SHOULD NOT PURSUE.pdf (304.71 Kb)
- ONCE THE SUBSTITUTION OF TRUSTEE IS RECORDED, THE TRUSTEE IS AUTHORIZED TO NOTICE AND CONDUCT THE SALE AS A MATTER OF LAW.pdf (196 Kb)
- ONLY BORROWERS HAVE STANDING TO CHALLENGE AN ASSIGNMENT OF THEIR LOAN.pdf (137.97 Kb)
- OPPOSING PARTY CANNOT CONTROVERT MOVANT'S EVIDENCE BASED ON SPECULATION, IMAGINATION, GUESSWORK, OR MERE POSSIBILITIES.pdf (174.58 Kb)
- ORIGINAL BENEFICIARY, ASSIGNEE, OR THE AGENT MAY INSTRUCT TRUSTEE TO perform A NONJUDICIAL FORECLOSURE SALE.pdf (197.31 Kb)
- PARTIES TO A DOT MAY LAWFULLY CONTRACT THAT A SUBSTITUTION OF TRUSTEE NEED NOT COMPLY WITH STATUTORY REQUIREMENTS..pdf (159.26 Kb)
- PARTY THAT LACKED STANDING IS NOT `VOID' WITHIN THE MEANING OF Rule 4-50-1(d).pdf (254.91 Kb)
- PLAINTIFF CANNOT STATE A CAUSE OF ACTION FOR WRONGFUL FORECLOSURE BASED ON THE DATE OF THE ASSIGNMENT.pdf (336.83 Kb)
- PLAINTIFF MUST STATE FACTS ASSIGNMENTS ARE VOID OR VOIDABLE.pdf (120.19 Kb)
- PLAINTIFF MUST STATE SPECIFIC FACTUAL BASIS FOR ALLEGING THAT THE FORECLOSURE WAS NOT INITIATED BY THE CORRECT PARTY.pdf (160.37 Kb)
- PLAINTIFF has no STANDING TO CHALLENGE ASSIGNMENT OF DOT Based ON ALLEGED FAILURE TO COMPLY WITH A TRUST'S PSA.pdf (375.36 Kb)
- PLAINTIFFS' STATE STATUTORY CLAIMS ARE PREEMPTED BY THE HOME OWNERS' LOAN ACT.pdf (310.36 Kb)
- PLAINTIFFS' VAGUE ALLEGATION THAT THE ASSIGNMENT WAS UNLAWFULLY RECORDED FAILED TO ALLEGE FACTS FROM WHICH WE COULD HAVE INFERRED A DEFECT THAT WOULD RENDER THE ASSIGNMENT VOID OR EVEN VOIDABLE.pdf (165.76 Kb)
- POSTCLOSING ASSIGNMENT TO TRUST RENDERS THE ASSIGNMENT VOIDABLE.pdf (332.05 Kb)
- PREEMPTIVE SUITS NOT PERMITTED BY STATUTES GOVERNING NONJUDICIAL FORECLOSURES.pdf (183.62 Kb)
- PREJUDICE AND TENDER ARE ELEMENTS OF THE TORT OF WRONGFUL FORECLOSURE.pdf (316.98 Kb)
- PUBLICLY-RECORDED REAL ESTATE INSTRUMENTS, INCLUDING DEEDS OF TRUST, ASSIGNMENTS, AND SUBSTITUTIONS OF TRUSTEE, AS WELL AS DEFAULT AND FORECLOSURE NOTICES, ARE THE PROPER SUBJECT OF JUDICIAL NOTICE.pdf (308.92 Kb)
- Post Yvanova Case.pdf (285.52 Kb)
- Post Yvanova Flanagan v Onuldo remand to determine if assignment void.pdf (269.35 Kb)
- ROBO-SIGNATURE WOULDN'T RENDER THE TRANSFER OF THEIR DEBT VOID BECAUSE A SIGNATURE BY AN UNAUTHORIZED PARTY ON A NEGOTIABLE INSTRUMENT IS SUBJECT TO RATIFICATION. CAL. COM. CODE § 3403(A).pdf (19.27 Kb)
- ROBO-SIGNER WOULD RENDER THE ASSIGNMENT VOIDABLE, NOT VOID.pdf (205.16 Kb)
- SCIARRATTA-v-US-BANK.pdf (221.92 Kb)
- SECTION 2932.5 DOES NOT REQUIRE RECORDING AN ASSIGNMENT OF A NOTE SECURED BY A DEED OF TRUST BEFORE AN ASSIGNEE CAN EXERCISE THE POWER OF SALE.pdf (326.78 Kb)
- SINCE THE INTERMEDIATE APPELLATE COURT WAS WRONG IN EROBOBO, THEN GLASKI, HAVING RELIED ON THE INTERMEDIATE APPELLATE COURT'S DECISION, WAS WRONG AS WELL.pdf (405.81 Kb)
- STANDING IS A THRESHOLD ISSUE NECESSARY TO MAINTAIN A CAUSE OF ACTION, AND THE BURDEN TO ALLEGE AND ESTABLISH STANDING LIES WITH THE PLAINTIFF.pdf (265.03 Kb)
- THE ASSIGNMENT OF A DEED OF TRUST TO A SECURITIZED TRUST AFTER IT CLOSED RENDERs THE ASSIGNMENT VOIDABLE.pdf (449.21 Kb)
- THE BORROWER MUST ALLEGE FACTS SHOWING A VOID (AND NOT MERELY VOIDABLE) ASSIGNMENT.pdf (293.25 Kb)
- THE BURDEN IS ON THE PLAINTIFF TO SHOW DEFECTS IN THE FORECLOSURE PROCESS, NOT ON THE DEFENDANT TO SHOW THEIR AUTHORITY TO FORECLOSE.pdf (313.24 Kb)
- THE COURT AGREED WITH THE REASONING OF JENKINS AND DECLINED TO FOLLOW GLASKI.pdf (271.01 Kb)
- THE DEED OF TRUST CONSTITUTES A CONTRACT BETWEEN THE TRUSTOR AND THE BENEFICIARY, WITH THE TRUSTEE ACTING AS AGENT FOR BOTH.pdf (408.56 Kb)
- THE NEW YORK BANKRUPTCY COURT CASE UPON WHICH GLASKI RELIED HAS BEEN OVERTURNED.pdf (179.77 Kb)
- THE POWER OF SALE IN NONJUDICIAL FORECLOSUREs IS CREATED BY CONTRACT, NOT BY STATUTE.pdf (90.47 Kb)
- THE RIGHT TO ENFORCE NOTE AND OWNERSHIP OF NOTE ARE TWO DIFFERENT CONCEPTS.pdf (41.08 Kb)
- THE RIGHT TO ENFORCE THE DEBT ISN'T DETERMINED BY ASSIGNMENTS OF THE DEED OF TRUST.pdf (339.74 Kb)
- THE UNIFORM COMMERCIAL CODE IS INAPPLICABLE TO NONJUDICIAL FORECLOSURES.pdf (90.6 Kb)
- THEORY ALLEGED SECURITIZATION OF LOAN EXTINGUISHED DUTY TO PAY UNDER THE LOAN IS NOT LEGALLY COGNIZABLE.pdf (29.71 Kb)
- THERE IS NO FIDUCIARY RELATIONSHIP BETWEEN THE BORROWER AND THE LENDER.pdf (400.77 Kb)
- THESE OBLIGATIONS ARE TRIGGERED ONLY WHEN A FURNISHER RECEIVES NOTICE FROM THE CREDIT REPORTING AGENCY THAT THE CONSUMER DISPUTES THE INFORMATION.pdf (293.29 Kb)
- THEY WILL BE REQUIRED TO SATISFY THEIR OBLIGATIONS UNDER THE NOTE, AND IF THEY DO NOT DO SO, THE LAWFUL OWNER OF THE NOTE MAY BE ENTITLED TO ENFORCE ITS RIGHTS DESCRIBED IN THE NOTE AND DEED OF TRUST.pdf (484.17 Kb)
- TRANSFERS OF BANKRUPTCY ESTATE PROPERTY INITIATED BY THE DEBTOR ARE... VOIDABLE, NOT VOID.pdf (39.37 Kb)
- TRUST DEED CONTAINS SEVERAL CONTRACTUAL PROVISIONS PERMITTING RECOVERY OF ATTORNEY'S FEES.pdf (160.14 Kb)
- TSVETANA YVANOVA.pdf (295.34 Kb)
- UNAUTHORIZED ACTS BY TRUSTEES ARE GENERALLY SUBJECT TO RATIFICATION BY THE TRUST BENEFICIARIES.pdf (220.04 Kb)
- UNDER NEW YORK LAW, AN IMPROPER TRANSFER INTO INVESTMENT TRUST IS VOIDABLE, NOT VOID.pdf (232.75 Kb)
- UNJUST ENRICHMENT IS NOT A CAUSE OF ACTION OR EVEN A REMEDY.pdf (61.33 Kb)
- USE OF A FICTITIOUS BUSINESS NAME DOES NOT CREATE A SEPARATE LEGAL ENTITY.pdf (189.9 Kb)
- Under California law, Plaintiff does not have standing to challenge the assignment.pdf (174.38 Kb)
- Under New York law, which governs the PSA, assignments in violation of the PSA are merely voidable.pdf (179.98 Kb)
- VOIDABLE TRANSACTION IS SUBJECT TO RATIFICATION BY THE PARTIES.pdf (22.78 Kb)
- Voidable Assigment Claim Insufficient To support Wrongful Foreclosure.pdf (184.88 Kb)
- WHAT THE DECISION IN YVANOVA MEANS.pdf (155.52 Kb)
- WHEN AN ASSIGNMENT IS MERELY VOIDABLE, THE POWER TO RATIFY OR AVOID THE TRANSACTION LIES SOLELY WITH THE PARTIES TO THE ASSIGNMENT.pdf (159.43 Kb)
- WHEN AN ASSIGNMENT IS VOID BORROWERS Assert right to challenge wrongful foreclosure, not the rights of contracting parties.pdf (273.05 Kb)
- WHEN SEEKING TO SET ASIDE FORECLOSURE SALE, PLAINTIFF MUST ALSO SHOW PREJUDICE AND A TENDER of secured debt, OR AN EXCUSE OF TENDER.pdf (351.25 Kb)
- WHERE AN ASSIGNMENT IS MERELY VOIDABLE, POWER TO RATIFY OR VOID LIES SOLELY WITH THE PARTIES TO THE ASSIGNMENT.pdf (197.01 Kb)
- YVANOVA APPLIES ONLY TO ACTIONS ALLEGING WRONGFUL FORECLOSURE, NOT ACTIONS TO PREEMPT FORECLOSURE.pdf (335.09 Kb)
- YVANOVA DID NOT HOLD AN ASSIGNMENT IS VOID BECAUSE OF A TRANSFER TO AN REMIC.pdf (475.27 Kb)
- YVANOVA DOES NOT STAND FOR THE PROPOSITION THAT A WRONGFUL FORECLOSURE ACTION CAN BE BASED ON AN ASSIGNMENT THAT OCCURS AFTER THE CLOSING DATE.pdf (302.02 Kb)
- YVANOVA EXPRESSLY LIMITED TO POST-FORECLOSURE CONTEXT.pdf (394.55 Kb)
- YVANOVA REMANDED FOR RECONSIDERATION OF WHETHER THE PLAINTIFF COULD AMEND HER COMPLAINT TO STATE A CAUSE OF ACTION FOR WRONGFUL FORECLOSURE.pdf (198.02 Kb)
- YVANOVA SPECIFICALLY STATED- _WE DO NOT HOLD OR SUGGEST THAT A BORROWER MAY ATTEMPT TO PREEMPT A THREATENED NONJUDICIAL FORECLOSURE BY A SUIT QUESTIONING THE FORECLOSING PARTY'S .pdf (120.08 Kb)
- YVANOVA'S HOLDING IS EXPRESSLY LIMITED TO THE POSTFORECLOSURE CONTEXT.pdf (157.37 Kb)
- YVANOVA'S HOLDING ONLY APPLIES TO CASES WHERE THE TRUSTEE'S SALE HAS BEEN COMPLETED..pdf (354.26 Kb)
- Yvanova v New Century Mrtg, CA Supreme Ct, borrower can challenge assignment as void, not voidable.pdf (366.66 Kb)