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In the final analysis nearly all foreclosures have been rubber-stamped based upon facts that are presumed to be true but which are untrue.
In my opinion every case lost by homeowners has been the result of the court using legal presumptions and shifting the burden of persuasion onto the homeowner who has been stonewalled, with the court’s help, during discovery and stonewalled before there was any foreclosure when the homeowner submitted qualified written requests and debt validation letters.
Tags » Securitization
Steve Fromhart, Research Manager, Banking and Securities, Deloitte Services LP, April 27, 2016
I recently attended the largest annual conference covering one of the most dynamic, young sectors in the financial services industry—marketplace lending (MPL). 1,003 more words
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We start with the simple and irrefutable premise that if the parties are NOT in litigation, only a timely lawsuit filed by a party with legal standing could be considered to vacate the TILA rescission that is effective, as a matter of law, when it is mailed.
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A purchase and assumption agreement was not enough to prove JPMorgan Chase Bank N.A.’s legal standing in a foreclosure case before the Fourth District Court of Appeal.
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The essential question I pose is this: if the student loan was table funded (and it does appear to me that they were, in many cases), then why is the originator/broker receiving the government guarantee and the exemption from discharge?
The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 lays down the procedure which is to be followed by any financial institution as defined under the provisions of section 2(m) of the SARFAESI Act, 2002 without any judicial interference. 757 more words