Forum Replies Created
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Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
Kingside
ParticipantLooks like our local Bankruptcy Court does not want to follow Gomes. See In Re Salazar:
http://www.theadvocateslaw.com/SalazarDecision.pdf
In footnote 11 of the decision, Bankruptcy Judge Mann appears to be throwing down the gauntlet and sending the message she does not really care about Gomes. So the dichotomy of how California State Courts and Bankruptcy Courts come out on MERS issues remains.
February 13, 2011 at 8:22 AM in reply to: California plans $2-billion program to help distressed homeowners #665625Kingside
ParticipantCALHFA has a web site up on the program:
http://www.keepyourhomecalifornia.com/
Looks like the source of funding is Treasury Dpt Tarp funds, not California legislature.
Aside from the small percentage of money that goes toward relocation of borrowers, The rest of the money pretty much goes to the banks.
No brainer that the major servicers are not cooperating with the principal reduction part of the plan. I mean why would they when other parts of the program are essentially government transfer money to the banks to make delinquent/unemployed borrower payments?
February 13, 2011 at 8:22 AM in reply to: California plans $2-billion program to help distressed homeowners #665688Kingside
ParticipantCALHFA has a web site up on the program:
http://www.keepyourhomecalifornia.com/
Looks like the source of funding is Treasury Dpt Tarp funds, not California legislature.
Aside from the small percentage of money that goes toward relocation of borrowers, The rest of the money pretty much goes to the banks.
No brainer that the major servicers are not cooperating with the principal reduction part of the plan. I mean why would they when other parts of the program are essentially government transfer money to the banks to make delinquent/unemployed borrower payments?
February 13, 2011 at 8:22 AM in reply to: California plans $2-billion program to help distressed homeowners #666286Kingside
ParticipantCALHFA has a web site up on the program:
http://www.keepyourhomecalifornia.com/
Looks like the source of funding is Treasury Dpt Tarp funds, not California legislature.
Aside from the small percentage of money that goes toward relocation of borrowers, The rest of the money pretty much goes to the banks.
No brainer that the major servicers are not cooperating with the principal reduction part of the plan. I mean why would they when other parts of the program are essentially government transfer money to the banks to make delinquent/unemployed borrower payments?
February 13, 2011 at 8:22 AM in reply to: California plans $2-billion program to help distressed homeowners #666422Kingside
ParticipantCALHFA has a web site up on the program:
http://www.keepyourhomecalifornia.com/
Looks like the source of funding is Treasury Dpt Tarp funds, not California legislature.
Aside from the small percentage of money that goes toward relocation of borrowers, The rest of the money pretty much goes to the banks.
No brainer that the major servicers are not cooperating with the principal reduction part of the plan. I mean why would they when other parts of the program are essentially government transfer money to the banks to make delinquent/unemployed borrower payments?
February 13, 2011 at 8:22 AM in reply to: California plans $2-billion program to help distressed homeowners #666761Kingside
ParticipantCALHFA has a web site up on the program:
http://www.keepyourhomecalifornia.com/
Looks like the source of funding is Treasury Dpt Tarp funds, not California legislature.
Aside from the small percentage of money that goes toward relocation of borrowers, The rest of the money pretty much goes to the banks.
No brainer that the major servicers are not cooperating with the principal reduction part of the plan. I mean why would they when other parts of the program are essentially government transfer money to the banks to make delinquent/unemployed borrower payments?
January 18, 2011 at 10:27 AM in reply to: OT: I hate big governments, government overeaching it’s sticky hands #655330Kingside
ParticipantA good friend of mine is an attorney who is very good at taking on CPS for this kind of thing for civil rights violations.
He got a record verdict affirmed on appeal against CPS out of Orange County.
January 18, 2011 at 10:27 AM in reply to: OT: I hate big governments, government overeaching it’s sticky hands #655392Kingside
ParticipantA good friend of mine is an attorney who is very good at taking on CPS for this kind of thing for civil rights violations.
He got a record verdict affirmed on appeal against CPS out of Orange County.
January 18, 2011 at 10:27 AM in reply to: OT: I hate big governments, government overeaching it’s sticky hands #655989Kingside
ParticipantA good friend of mine is an attorney who is very good at taking on CPS for this kind of thing for civil rights violations.
He got a record verdict affirmed on appeal against CPS out of Orange County.
January 18, 2011 at 10:27 AM in reply to: OT: I hate big governments, government overeaching it’s sticky hands #656128Kingside
ParticipantA good friend of mine is an attorney who is very good at taking on CPS for this kind of thing for civil rights violations.
He got a record verdict affirmed on appeal against CPS out of Orange County.
January 18, 2011 at 10:27 AM in reply to: OT: I hate big governments, government overeaching it’s sticky hands #656458Kingside
ParticipantA good friend of mine is an attorney who is very good at taking on CPS for this kind of thing for civil rights violations.
He got a record verdict affirmed on appeal against CPS out of Orange County.
January 17, 2011 at 4:24 PM in reply to: Free home anyone? The Utah court ruled, and this cat just got himself a free casa #655616Kingside
ParticipantYes, it is a legal trick, but I think it is a clever one. The attorney seems to be seeking out defunct lenders who he can default. His argument probably is an extension of the Supreme Court decision in Landmark National Bank v. Kesler which basically held that MERS as nominee for a junior lienholder was not entitled to notice from a senior foreclosing lender under Kansas law. Hey, why not push it one step further to a borrower quiet title suit?
I think the problem is that the same logic does not apply to quiet title suits as there is a policy in those suits to encourage anyone with a claimed interest to be named and to appear to assert their interests to the property. Technical arguments to preclude a party in interest from appearing in a quiet title suit probably won’t fly, especially when the plaintiff is probably avoiding involving the servicer who is currently sending the borrower loan statements.
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