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SOUTH CAROLINA COURT ORDERS PRODUCTION OF DOCUMENTS AS TO MERS, TARP, CHAIN OF TITLE AND MONEY TRANSFER BETWEEN ORIGINAL LENDER AND FORECLOSING PLAINT... 16 Aug 2013 | 08:09 pm
A Walterboro (Colleton County) South Carolina Judge has ordered the production of numerous documents requested by the homeowner to which the foreclosing plaintiff (SunTrust) objected. The homeowner is...
MONTANA SUPREME COURT GRANTS ORAL ARGUMENT ON MERS ISSUES 16 Aug 2013 | 02:37 am
August 15, 2013 The Supreme Court of Montana has granted and ordered oral argument on an appeal by an homeowner concerning whether MERS is a “beneficiary” under Montana’s non-judicial foreclosure sta...
GLASKI NOW PUBLISHED AS OF TODAY 9 Aug 2013 | 03:51 am
August 8, 2013 The Glaski case, discussed in our post below, was published today by the California appellate court, which found that the decision met all requirements for publication under the applic...
CALIFORNIA APPELLATE COURT HOLDS THAT CHASE CANNOT FORCE BORROWER TO AGREE TO BE LIABLE FOR DEFICIENCY AS A CONDITION OF APPROVING SHORT SALE 8 Aug 2013 | 09:53 pm
August 8, 2013 A California appellate court has held that Chase’s attempt to condition approval of a short sale on the homeowner’s agreement to be liable for a deficiency is illegal and will not be e...
BREAKTHROUGH: CALIFORNIA APPELLATE COURT PERMITS HOMEOWNER TO MAINTAIN CAUSE OF ACTION FOR WRONGFUL FORECLOSURE BASED ON FAILURE TO COMPLY WITH MORTGA... 2 Aug 2013 | 12:42 am
August 1, 2013 The California Court of Appeal for the Fifth Appellate District has issued a 29-page opinion which reversed the trial court’s grant of Bank of America’s demurrer (Motion to Dismiss) as...
NEW JERSEY JUDGE DISMISSES FORECLOSURE CASE FOR PLAINTIFF’S FAILURE TO COMPLY WITH DISCOVERY 30 Jul 2013 | 04:11 am
July 29, 2013 Yet another New Jersey Chancery Court Judge has dismissed a foreclosure case due to the Plaintiff’s failure to comply with the homeowner’s discovery. Jeff Barnes, Esq. represents the ho...
MONROE COUNTY, FLORIDA JUDGE DISMISSES CASE AGAINST BANK OF NEW YORK FOR “OUTRAGEOUS” VIOLATIONS OF COURT ORDERS; OREGON JURY FINDS AGAINST JPMORGAN C... 19 Jul 2013 | 08:30 pm
July 19, 2013 A Key West (Monroe County), Florida Circuit Judge yesterday dismissed what was a second foreclosure attempt by Bank of New York as the claimed “trustee” of a securitized mortgage loan t...
COLORADO BANKRUPTCY COURT ENTERS ORDER MODIFYING AUTOMATIC STAY TO PERMIT HOMEOWNER TO PURSUE DECLARATORY AGAINST HSBC BANK AS TRUSTEE; AUTOMATIC STAY... 11 Jul 2013 | 10:28 pm
July 11, 2013 A Federal Bankruptcy Judge in Colorado has entered an Order permitting a homeowner to pursue her Declaratory Judgment action in state court while the bankruptcy remains pending. The res...
Getting To Know Niday: A Further Look at the Oregon Supreme Court’s Landmark Decisions on MERS 5 Jul 2013 | 11:22 pm
THIS IS PART TWO OF A TWO-PART SERIES ON THE RECENT OREGON SUPREME COURT DECISIONS INBRANDRUP V. RECONTRUST AND NIDAY V. GMAC. BOTH CASES INVOLVE LEGAL ISSUES ARISING OUT OF THE NONJUDICIAL FORECLOSUR...
NO WONDER SERVICERS DO NOT DO LOAN MODS AND PUSH FORECLOSURES: THEY GET A 27 POINT BONUS FROM GROSS PROCEEDS OF FORECLOSURES ON LOANS GUARANTEED BY FA... 4 Jul 2013 | 04:32 am
July 3, 2013We are constantly bombarded with e-mails from homeowners trying to figure out why servicers are so reluctant to offer loan mods and why most loan mod applications are denied for one reason...
