A closer look at MERS
REQUIRED READING: There is little doubt that America is infatuated with convenience and efficiency. The assembly line, the microwave, the Internet, speed dating and drive-thrus are just a few examples. Another example, not as publicly well known or understood as the foregoing, is the MERS system of registering and tracking transfer of interests in deeds [...]
Read Full Post | Make a Comment ( 2 so far )IN RE DARRELL ROYCE SHERIDAN, SHERRY ANN SHERIDAN, Chapter 7 Debtors.
Sheridan_decision In this Chapter 7 case, the trustee, Ford Elsaesser (“Trustee”), objects to amotion under § 362(d) for relief from the § 362(a) automatic stay.1 Motions under § 362(d) are common in bankruptcy cases.2 Most stay relief requests proceed promptly to entry of an order, after proper notice, without any objection. However, changes in mortgage [...]
Read Full Post | Make a Comment ( None so far )Deutsche Bank v. Debra Abbate Etal.
Deutsche Bank National Trust Company, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CARRINGTON MORTGAGE LOAN TRUST 2005-OPT2, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT2, Plaintiff against Debra Abbate, CARMELA ABBATE, KIM FIORENTINO, BOCCE COURT HOMEOWNERS ASSOCIATION, INC., NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, NEW YORK CITY PARKING VIOLATIONS BUREAU, and “JOHN DOE [...]
Read Full Post | Make a Comment ( None so far )Lawyers Tempted By Foreclosure Crisis
The foreclosure crisis has resulted in a lot of work for lawyers hired to try to help struggling owners hang onto their homes. But it has also resulted in a record number of complaints concerning claimed unscrupulous practices, some of which have already led to disciplinary action, according to a Daily Business Review article reprinted [...]
Read Full Post | Make a Comment ( None so far )Marcy Kaptur to Banks: “Produce The Note”
Fight Club entered popular culture in 1999 when director David Fincher adapted Chuck Palahniuk’s novel into a film that reflected the zeitgeist of modern America with its empty culture, obsession with aesthetic beauty, and slavish under and middle classes. Warning: Decade-old spoiler coming up. The film ends with the agents of “Project Mayhem,” protagonist Tyler [...]
Read Full Post | Make a Comment ( 1 so far )MERS v. Southwest Homes of Arkansas
MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., APPELLANT, VS. SOUTHWEST HOMES OF ARKANSAS, APPELLEE No. 08-1299 SUPREME COURT OF ARKANSAS 2009 Ark. LEXIS 121 March 19, 2009, Opinion Delivered NOTICE: THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION. SUBSEQUENT HISTORY: Rehearing denied by Mortgage Elec. Registration Sys. v. [...]
Read Full Post | Make a Comment ( None so far )Ruling by judges rattles mortgage industry
A bankruptcy judge here, joining judges across the country, is throwing a bit of sand in the gears of the mortgage machine and its ruthless foreclosure blade. She has raised this issue: In many home foreclosures springing out of bankruptcy proceedings, the foreclosure is being triggered by a representative of the lender — a surrogate [...]
Read Full Post | Make a Comment ( None so far )LANDMARK NATIONAL BANK V. KESLER
No. 98,489 IN THE COURT OF APPEALS OF THE STATE OF KANSAS LANDMARK NATIONAL BANK, Plaintiff/Appellee, v. BOYD A. KESLER, Appellee/Cross-Appellant, MILLENNIA MORTGAGE CORP., Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND SOVEREIGN BANK, Appellants/Cross-Appellees, and DENNIS BRISTOW AND TONY WOYDZIAK, Intervenors/Appellees. SYLLABUS BY THE COURT 1. A party is not contingently necessary in a mortgage-foreclosure [...]
Read Full Post | Make a Comment ( None so far )U.S. partners in home loan modifications accused of broad abuses
WASHINGTON — Billions of dollars that the government is spending to help financially pressed homeowners avert foreclosure are passing through — and enriching — companies accused of preying on the people they are supposed to help, an Associated Press investigation has found.The companies, known as mortgage servicers, collect monthly payments from homeowners and funnel the [...]
Read Full Post | Make a Comment ( None so far )Why banks want you all alone when negotiating a loan modification
They are telling you to run away from loan modification companies who charge a fee. They are paying the politicians to introduce laws making it difficult for you to hire an attorney when negotiating a loan workout. They want you to contact them directly and without the assistance of an advocate. They are scaring you [...]
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