Tags » Securitization

PRESUMPTIONS, PLEADING, PROCEDURE AND PROOF REALLY MATTER IN FORECLOSURE ACTIONS

In the final analysis nearly all foreclosures have been rubber-stamped based upon facts that are presumed to be true but which are untrue.

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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.

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Foreclosure

What’s the next phase in the evolution of marketplace lending?

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

Deloitte Center For Financial Services

Hunter vs Aurora: Fla 1st DCA Business Records Gets Tougher

Show me any other period in American history where banks lost so many cases.

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Foreclosure

Why We Developed the TILA Rescission Package

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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Foreclosure

Chase Loses on Assignment and Assumption Argument with WAMU

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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Foreclosure

Table Funded: The Student Loan Scam

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?

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Foreclosure

SECURITISATION: AN INDIAN PERSPECTIVE

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

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