2020 FORECLOSURES BACK IN FULL SWING!

(BREAKING NEWS, OP-ED) — The author of this post carefully posits this article for your educational benefit and any information shared here should not be construed to be legal advice. 

Anyone familiar with this online blog is probably fully well aware that the content shared on this site has a lot of legal undertones, so much so, that many people are apt to misinterpret what’s being said in reality, replacing their thought processes with directives shared as “suggestions” on this site (hence the need for the disclaimer).

The state bar associations are starting to find themselves in a real dilemma.  Three states (Washington, Utah and Arizona) have already initiated non-lawyer “paraprofessional” objectives to allow more folks to have access to the justice system.  This comes at a time when eviction moratoriums have pretty much been lifted and the “man behind the curtain” jumps out and reveals himself  in the form of service of process.

This author is getting closer to deciding a date for when another Foreclosure Defense 101 class should be held.  Of course, with no one willing to fly anywhere, this will probably be held online in webinar format, where you get to ask questions via the chat box.

The thing about foreclosures … statistically, 97% or better of those receiving service of process (notice from the bank via physical delivery via a knock on the door, certified mail, notice of publication, door hanger, etc.) will ultimately decide to pack their belongings and bug out, if what happened after the 2008 financial collapse is any indication.  Maybe we have more liquidity than we did before, maybe we don’t.  If we don’t have the resources to fight, it’s because we’re fighting the urge to resist identifying where those resources are.  The author describes those resources more fully in his book Clouded Titles.

If there was a way you could fight a foreclosure and stay in your home for over two years, would the information in a webinar workshop be worth it to you to have in your arsenal of legal tools?

Then … prepare yourself for the fight (not of your life) that generally sickens most people.  Prepare yourself mentally NOT to do stupid stuff (like give in so quickly).

The legal system has provided us with so many stall tactics (NO! Bankruptcy is NOT one of them!) it’s a wonder more people haven’t stopped to “catch on”.  They just want off the merry-go-round because that’s pretty much what you’ll feel like you’re on when you engage in fighting the foreclosure; however, the merry-go-round is not spinning at 3 miles an hour … it’s spinning at more like 60 miles an hour!  The closer you get to your court date, the faster the merry-go-round speeds up.

If you’ve ever been to a “rocket docket”, like this author has multiple times … it’s a scary thought … watching a judge clear a courtroom of homeowners being foreclosed on in 3 hours or less (just in time for lunch), with their actual case hearings lasting two minutes or less.  It’s amazing how many homeowners complain that they have no access to “justice” when in fact, the legal system has never been more “giving”.  The information highway is chuck full of data if you know where to look.

Planning Your Strategy … in 5 steps! 

#1:

Remember the Harry Potter movie where Hagrid (while strolling down Diagon Alley) tells Harry, “If you know where to go …”?   Half your battle is in research.  If you don’t check your chain of title, you’ll end up choking your chicken in frustration.  (The author doesn’t mince words here.)  This is THE MOST important point in the entire schematic of foreclosure defense, especially when it comes to playing the delay game and playing it well.  If you don’t understand the chain of title, the author’s website offers a COTA Workshop that you can get via download in (4) 4-hour sessions and listen, watch and study what’s necessary to get through from Point A to Point B.

Once you’ve looked at your chain of title, the next fundamental issue in your quest to research details is getting at the truth.  The “truth” the way banks see things and the way YOU should see things all has to do with perception of what the documents in your chain of title say.  The chain of title is like an electric schematic, which tells you HOW things are connected in the series of conveyances, claims of lien and security instruments, which are designed as the hinge pin in claiming ownership of your collateral (your home).  Once you understand how all of this is postured, it makes things a lot clearer in your understanding of HOW to proceed.

#2:

Get copies of every document in the chain of title and examine each one that is relevant to your current situation, especially the assignments (of mortgage or deed of trust).  These little minuscule pages are where the devil is in the details.  A single-page assignment that contains all sorts of false and misrepresentative statements can be the bank’s undoing, at least in the short term.  Filing a quiet title action is NOT what you’re going to pursue in your research.  You’re not ready for that yet.

History has taught us that anyone running into court trying to quiet their title when it’s littered with all sorts of bullshit assignments is not only a big waste of your time and the court’s time, your foreclosure mill attorney will immediately pick up on your strategy and counterpunch you with motions to dismiss.  Quiet title works when there’s nothing left in the chain of title other than a lingering deed of trust or mortgage that’s not connected to anyone and the originating lender is defunct and can’t be found.  The idea here is to attack the assignments head on through a C & E action.  C & E is an acronym for Cancellation and Expungement action, which means you’re filing a declaratory relief action wherein you’re asking the court to examine a document for false statements and to cancel the document and order the clerk or recorder to remove the document completely from the land records in your county so the document has no legal force and effect against your property any longer.   This is what Al West and I developed into a workshop called The C & E on Steroids!, also available in DVD video/book combo form!  There’s nearly 14 hours of really good educational information packed into this kit.  This is the ammo one would use to fight those pesky assignments.  Here’s an idea! Once you’ve done it, make your investment back by helping others achieve success in this realm.

#3:

Knowing where to find the petitions and responsive pleadings is your next research step. There are websites that are devoted to supplying this kind of information if you don’t have time to wait for a pleadings and procedures book for your specific state. You can find these types of books in law libraries and they aren’t voluminous and most of them are self-explanatory.  It’s easy to simply make copies from the book on the pleadings you need (or buy the book online from a legal bookstore).  This author has spend hundreds of hours in the law library “chasing cases” because foreclosure mill attorneys are famous for throwing them around in their pleadings in an attempt to make their point tot the court about how they’re right and you’re wrong.  Many times however, these attorneys throw cases in there that are NOT applicable at all to the scenario you’re dealing with and you have every opportunity to thwart their moves (like one big, giant chess match).

Foreclosure mill lawyers have their own set of schematics too.  They know them well, like a flow chart of procedures.  This is what they get paid for … to execute on that flow chart every time they get a case.  They eat, breathe and shit this stuff on a daily basis and thus, THAT mindset is what you’re up against when you face these shysters in court.  You have the right to be treated as an equal by the court if you can’t afford representation, which means if the attorney says you want a “free house”, you get to stand up, object on the grounds that, “My worthy opponent is at his best when not inhibited by the facts, your Honor!”  In other words, you just matched wits with this lawyer by eloquently calling him a goddamned liar!

This is where research will help you become equally prepared to challenge his or her legal acumen because they will use every dirty trick in the book (like they’ve used on other unsuspecting victims of foreclosure). Facing off in court is not for the faint of heart either … and neither is being unprepared for the battle for the judge’s mind.

#4:

Framing your arguments is probably the biggest mess that a homeowner (or their attorney) can create, especially when it comes to beer belly budgets.  Most attorneys went to law school and learned what California attorney Al West calls, the “shotgun approach”.  This means (in short) … sue as many people as you can for everything under the sun and see what sticks.  Unfortunately, what most pissed-off homeowners don’t realize is that naming multiple defendants costs money: (a.) in developing the case against each defendant and the allegations against them; (b.) in the time it takes to complete the pleadings preparation; (c.) in filing and servicing costs ($300-$400 in filing fees and $60.00 per defendant served); (d.) in responsive pleadings to each defendant (after they file their answer to your complaint); and (e.) case management.  Each defendant will cost an average of $3,000 in legal fees, not counting discovery (via a deposition) which adds another $3,000 in approximate costs for each defendant deposed.  To make the math more simple, let’s say you have an attorney that wants to sue 5 defendants and wants advance testimony from each of them. Without even batting an eye, you’re up to roughly $30,700 and the judge hasn’t even reviewed your case yet.  Until you start evaluating your arguments, you have no idea what a lawsuit (or counterclaim) against a foreclosure is going to cost you.

While an answer to a judicial action can be a simple process, compulsory counterclaims aren’t.  If you’re trying to buy time, filing an answer in a judicial proceeding will buy you an average of 60 days, or until a court date is set and you get notice of it.

And all of the arguments in the world won’t help if you can’t keep track of timelines.  One of the biggest mistakes pro se litigants make is not keeping an eye on the court docket once a foreclosure proceeding has been commenced and the battle begins.  Not keeping track of the timelines and what the Rules of Civil Procedure mandates you must do in order to stay in the game successfully can kill a case with one missed filing or one missed hearing.  The other side will use their arsenal of tricks to up-end your best laid plans, especially when it comes to beating you on civil procedure.

#5:

With judicial process, you at least get your day in court, yet most homeowners don’t take advantage of that because they’re too busy running scared. Now imagine being in the middle of a perceived pandemic and facing a banking tyrant and its attorney head-on when all you can think about is how to avoid a potential brush with death.

With a non-judicial process, locking horns with the lender in court is the only way you’re going to stop this kind of foreclosure because the lender has resorted to advertising and selling your property on the courthouse steps instead and if you’re like the author, you’d want your day in court and the only way to get it is to file a lawsuit against the servicer and any parties coming against you that have made themselves “relevant” parties.

One would at least want to find at least one defendant in-state.  This is how diversity jurisdiction is defeated because lenders will quickly remove cases to federal court because the amount in controversy exceeds $75,000 and the plaintiff lives in one state, while the defendant lives in another state.  In-state defendants could include: (a.) document manufacturing plant employees; (b.) local law firms bringing the foreclosure action; and (c.) lenders whose headquarters are domiciled in whatever state you are filing the action in.  This won’t work if the bank is just a branch of a main bank headquartered outside of your state.  Most people don’t sue the trustee, unless the trustee (named within the deed of trust or substituted into it using a Substitution of Trustee document that follows a bogus assignment).  Then … it’s open season on the trustee.  Attorneys will give you a lot of push back on this because they don’t like suing within their own profession nor do they especially like suing trustees.  The trustee  is supposed to be a neutral party; however, when they do something totally egregious, there is established case law in most states that can wield an axe in the form of liability.

Again, the biggest issue is picking a fight with the wrong party.  Generally, rampant emotions cause bad decision making and that is another fine line item that gets homeowners in trouble.  If you’re going to litigate, let logic replace emotion.  You’ll need logic along for the ride.  There’s plenty of time for celebration later when you’ve effectuated your “Plan B” all the while holding the lender at bay.

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MORATORIUM ON EVICTIONS EXTENDED BY THE FEDERAL GOVERNMENT … UPDATE!

(BREAKING NEWS, OP-ED) — The author posits the following information for your educational benefit and none of the extra diatribe is legal advice, nor should it be construed as such. The UPDATE is in bold-faced type. 

CDC order on Evictions

Tenants and foreclosure victims now have until the end of this year to sweat bullets, thanks to COVID-19 and the created “pandemic” now in play in America.  This is a great time to effectuate a Plan B.

If you have gobs of equity … sell the home at a profit and downsize, even if it means a move to a different part of the country.

If you can sell the home and downsize … consider taking on a new or sideline business to make extra money.

Anything involving food, water, shelter, transportation or anything considered a “vice” are great lines of work to get into.

There are online sources you can research to investigate the costs of starting up your own business.  You’ll have better luck with that in Red States, as opposed to Blue States, for obvious reasons.

The political hierarchy will not tolerate a never-ending moratorium forever, especially after the 2020 elections, when this author feels as if the government will tell everyone, “Oh, look, the pandemic is over!”

Sarcasm aside, if the COVID-19 death counts are screwed up and the infection rates are screwed up, trusting in anyone but yourself at this point in time seems the only plausible solution.

Oh … and by the way … according to this publication (which is going into the Federal Register tout suite), on Page 33 (at the bottom of the page) the only time the word “foreclosures” is used … is to exclude them from this moratorium.  The author hopes you caught that.  Evictions are possessory actions that cover renters only and not those who were hoping to catch a “free ride” courtesy of the banks.  Notice how the author worded the headline?  Evictions are one thing.  Evictions due to foreclosures are quite something else.  See Page 10 of the foregoing CDC release if you don’t believe that.  And … the federal government expects you to pay your rent; however, many homeowners who have neglected to do so because of hardships are expected to seek help from state and local authorities to assist in making their payments.

THAT’S AN ORDER FROM THE SECRETARY OF HEALTH AND HUMAN SERVICES!  

Jurisdictionally, you’re probably asking yourself WHO is covered under this Order.  The Secretary has issued the mandate for ALL 50 states.  If you are renting anything in the 50 states, you just got a “go pass” from being tossed out on the street because the Secretary (who herself appears to be uptight and anal about this whole COVID thing) is afraid that if tenants are evicted, the number of COVID-19 cases will spike. 

That’s utter bullshit, given the CDC has already admitted to fudging the numbers.  Their numbers, as well as those of the various states that have imposed lockdowns on their respective populations, cannot be trusted any longer.  This has now become a political chess match and we are collectively ALL caught in the middle of it.  The closer we get to the 2020 elections, the higher the “counts” will be.  After November 3rd … watch the numbers plummet and VOILA! … all of a sudden … the pandemic has gone away.   

If the governments were seriously scared of this virus as they should have been during the 1918 pandemic, everyone in the country would have been ordered to stay inside their homes and don’t come out unless you have a Level 4 biolab suit on with protective respiratory gear … just like the ones they wear in Fort Detrick, Maryland, where some of this shit (the respective viruses) are created, stored and toyed with! However, the politicians found it convenient to make an excuse why our borders should remain open so more infected people can come to America and spread the disease even faster … because … as you are probably well aware … the new “anticipated”, “unprecedented” food shortage is looming and we have to reduce the world’s population if we’re going to continue to survive.  

For those of you not picking up on that last comment … it’s called DEPOPULATION.   Remember that saying, “Give me your tired, your poor.”  Well, the government here in America is tired of being poor and they want to rid all of this country’s “excess baggage” (all who your Congresspeople deem to be worthless pieces of shit) from the face of the earth.  What a better way to start the ball rolling that with a virus concocted in a lab in China and Maryland? 

This is reality folks, not a conspiracy.  If this virus only got rid of 176,000 people in the U. S. … that means we have to have some other way to “rid the numbers”.  

Wait a tick!  Here’s another great solution!  A vaccine laced with more of the virus!  Even more effective in eliminating the population because most of those who are scared will run to the nearest dispensary to get the vaccine.  Just a little prick … and within months … you’re gone. 

What this author finds particularly humerous is how Congressional and State leaders can mandate that everyone wear masks when they get their hair done, yet Nancy Pelosi can go out and get her hair done without a mask on.  Doesn’t that strike you as hypocritical?  Do what I say, not what I do.  Ain’t that a bitch?   Geez.  If the rest of the population has to wear a mask and risk getting their makeup smeared all over, so can Nancy.  Oh … wait a minute.  Maybe for her, that’s not such a great idea.  She should just stay home and have a podcast playdate, tearing papers in half while frowning, in total disrespect that people are waking up to the Congressional bullshit they’ve been trying to feed us. 

I know … you’ll probably have nightmares over this right?  Maybe she should wear a mask so we don’t have to look at her!  She’s been in office how long?  30 years. Biden’s been in office 47 years.  What do you think they’ve accomplished in that amount of time? Seriously.  Trump is not really a politician.  He’s a CEO (businessman).  How many attorneys (titles of nobility) have we had as president? 26.  How many businessmen have been president? 7 (Harding, Hoover, Truman, Carter, G.H.W. Bush, G.W. Bush and now Trump).  Which President issued the most pardons while in office?  (FDR … because he served nearly 4 terms … 2,819, followed by Truman, who issued 1,913).  Which President absolved the sentences of convicts during his two terms in office? (Obama … 1,937).  Which American President has the greatest peak net worth? (Donald Trump, with $4.5-billion, followed by George Washington, who amassed $587-million). No other president has come that close.  

If our economy was doing that well economically BEFORE the pandemic, should we re-elect a billionaire businessman whose hasn’t taken a salary while in office (donated it to worthy causes) or a 47-year politician whose net worth (self-proclaimed) is $9-million and who was part of an administration that forced us all to pay to have health care? 

Now, whether none of the foregoing really matters, have you forgotten what the Constitution states about what the duties of the President are? 

Click HERE to further your studies. 

 

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AND THESE GUYS ARE INVESTORS?

(BREAKING NEWS, OP-ED) — This isn’t legal advice.  It’s a classic example of what happens when investors fail to do due diligence and react poorly when the sewer backs up.

Umbrella Investment Group LLC et al v Wolters Kluwer Fin Svcs Inc, 5th App Cir No 20-30078 (Aug 25, 2020)

The foregoing case should teach us a few things …

  1. Don’t rely on outside, third-party verifications on anything, especially flood zones.  The investors should have checked directly with FEMA and talked with a human being and asked for the most recent flood maps and had it verified in writing with FEMA. Duh.
  2. If you’re going to sue for fraud, at least understand the court is going to require you to meet the 5-point test as to the elements of fraud.  Only citing reliance (on someone else’s opinion) does not meet the full criteria for a fraud claim.
  3. It’s called relative due diligence … if you open a business in a populated area, such as the investor group did here, don’t you think it would have been a good idea to talk to other area business owners to see whether they’re paying for special flood insurance too?  I mean, seriously, if you’re going to grow a business in a given market area, don’t you think you should know the terrain?
  4. On Page 4 of the 5-page ruling, it’s really important to note that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake (and not simply) … on speculation and conclusory allegations.”  “On information and belief” doesn’t cut it if you can’t specifically cite WHERE and HOW the fraud or mistake occurred and who is liable for making that mistake.  Best to get a grasp on the elements of fraud and get an attorney that really understands federal Rules of Civil Procedure.

 

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A QUESTION OF LIABILITY?

(BREAKING NEWS, OP-ED) — The author posits the following for your educational consideration in light of the current uptick in foreclosures and this article should not be regarded as legal advice. 

Here’s a brief scenario for homeowners to ponder … 

It’s 2009.  A Tampa homeowner was among thousands served by a process server with a Summons and Complaint to Foreclose because of an alleged default on their mortgage.

Like most homeowners at the time, when served, they freaked out.  They freaked out, so much so, that 97% of them decided to pack up their belongings and move away.

Like most homeowners at the time, before the foreclosure even took place, more than likely, they couldn’t afford to pay their hazard insurance, which is mandatory under their mortgages and deeds of trust.  That’s usually the first thing that gets defaulted on BEFORE the mortgage payments go into arrears.  The next thing that goes into default is the property taxes, despite the fact most mortgage loans are escrowed.  But what if they’re not?

So the Tampa homeowner gives up in despair, with no hazard insurance in place and moves out, leaving the swimming pool uncovered and the backyard fence unlocked.

A couple moves in next door and as they’re moving load after load into their “new home”, they notice their 2-year-old toddler has wandered off.  Where do you think they found him?

Floating face down in the neighbor’s pool … unable to  be revived by paramedics.   Nice first day in their new home, huh?

THIS REALLY HAPPENED IN TAMPA, FLORIDA

The couple discovered that the bank was foreclosing on the property and sued the bank for negligence.  The bank balked, saying that the title to the home was not in the bank’s name but in the name of the homeowner because the foreclosure was not completed and the bank wasn’t in possession of the home.

So who’s liable?    The Tampa homeowner?

For further clarification, check out this newly-released, 10-page case: Apex Mtg Corp v Great Northern Ins Co et al, 7th App Cir No 19-2525 (Aug 24, 2020)

This will help you understand how banks think. This will also help any homeowner under fire in a foreclosure setting to understand what unintended consequences are.

Even if your name is still on title, there can be unintended consequences if anything happens on your property AFTER you vacate it.

Next, look at Page 5 in the case and see how the 7th U.S. Circuit Court of Appeals viewed “actual possession” and “default” as to their stated terminology.

Here again, we look at the definitions in play as the means for who’s liable and who’s not.

Who’s in possession? 

The entire schematic in this case falls upon the party in control of the contract (mortgage or deed of trust).  This is why this case is very self-explanatory, no matter how many times you read it.  It contains some great nuggets that may help in keeping homeowners in foreclosure trouble out of hot water.   While the author of this post submits that the responsible thing for any vacating homeowner is to “secure” everything on their property to prevent such dangers, what sense does it make putting all that extra money into a place you’re going to end up moving out of?

As long as you are in possession, this author suggests you examine the chain of title for flaws and suspicious assignments because those assignments will generally be filed just prior to the alleged lender attempting foreclosure commences the process against you. Fighting those suspect documents is clearly a way to stay in your home for up to two years, which is why this author has materials available on the Clouded Titles website. No pressure.

If you have lots of equity in your home, the banks want the house and they’ll fight you for it, which is why this author likes the idea of selling and downsizing while the benefits of recovering any equity are within reach.  This gives you more options.  The author only suggests fighting if the bank is moving too quickly and you need time to market and sell your home … or stay in it until you’ve formulated a PLAN B.  Staying in the home and fighting the bank for years on end only adds to the stress on your body’s immune system, which by now, you’ve probably figured factors right into why your chances for getting COVID-19 might be higher due to a weakened immune system.

Having a weak immune system makes you more “liable” to succumb to more than just the common cod.  This author knows because he’s seen it first hand.

Stay the course.  Fight if you have to.  Always have a PLAN B … and don’t be afraid to do your due diligence to avoid unintended consequences.

 

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LSF9 GETS CHUCKED ON PROCEDURE … PLUS BONUS CASES AND EVICTION NEWS!

(BREAKING NEWS, OP-ED) — The author posts two new cases this month worthy of your attention, as most homeowners contemplating foreclosure defense should understand that perseverance and attentiveness can win out.  None of the information discussed here should be considered legal advice nor guarantee any legal outcome.  It is for your educational benefit, given that the foreclosure and eviction moratoriums are being lifted across the country soon.

JUNK LOAN POOL AND ITS TRUSTEE GET TOSSED IN MAINE CASE

Due to multiple errors in civil procedure, the Maine Supreme Judicial Court has affirmed the judgment of the lower courts that LSF9 Master Participation Trust, the infamous junk pool run by the minions at Caliber Home Loans, acting under the orders of U.S. Bank who claims to be the loan pool’s “trustee”, had no standing to proceed against a Maine homeowner (James D. Keefe) in a foreclosure action.  Because this junk debt pool (of allegedly defaulted loans) generally misrepresents the fact they’re a true REMIC, the author refers to them as the LSF9 Masturbatory Participation Trust.

READ THE CASE HERE: US Bank Trust NA v Keefe, 2020 ME 104 (Aug 13, 2020)

The first apparent mistake U.S. Bank’s attorneys made (if you can believe U.S. Bank actually retained the attorneys in the first place … probably NOT) is relying on an erroneous fee figure published in the Maine Judicial Branch materials, remitted an insufficient filing fee with its notice of appeal in trying to reverse the lower court’s judgment in favor of Keefe.   Because the court Clerk refused to accept the filing, procedurally, when the attorneys figured out they’d screwed up, they failed to file a motion to the trial court seeking an extension of time to file the appeal and thus, their filing was outside the 21-day window for filing the appeal.

This is a key reason WHY it’s so important to focus on what just what you’re doing, but what the other side ISN’T DOING.  If you’re going to win a case, you have to pay attention to the bigger picture, which operates much like a chess game.  Plan on the other side’s arrogance in attempting to ballyhoo the court with bullshit and file documents out of time, thinking it can get away with a simple apology while asking the court’s indulgence to let the foreclosure appeal proceed.  You can bet if it was on you to adhere to the filing deadlines, your opponent would hold you to it. Turnabout is fair play.  This 6-page case talks all about the rules of appellate procedure, which you have to study (in your case) and be prepared to act on, just as you would if the foreclosure filing in the lower court was insufficient.

Lesson learned …

Examine what the other side has done in filing a foreclosure action against you, starting with the chain of title and moving forward through the rules of civil procedure, which includes how much of a fee was paid to file.  Also look to see if the document (deed of trust or mortgage) they’re trying to enforce was legitimately recorded (meaning all of the required transfer and intangibles taxes were paid at the time of recording), because THAT ANGLE has also been tried in the courts successfully (in failing to pay the required taxes, rendering the document void because the taxes were somehow NOT paid at the time of recording).

BONUS CASE #1:

The debacle over student loans continues to play out in the courts with this latest precedential ruling out of the U.S. Third Circuit Court of Appeals:

READ THE CASE HERE: In re Natl Collegiate Student Loan Trusts, 3rd App Cir No 18-3327 (Aug 19, 2020)

As the Court explains in a “Reader’s Digest” view, it becomes easy to understand HOW student loans are securitized.  What?  You didn’t know that student loans are securitized?  Geez.  I thought you did.  For those in the know, so are car loans, credit cards … everything but the weather can be securitized as long as investors are willing to take a gamble.   Before you get too excited, read the last paragraph (on Page 6) before you get to the Factual Background.  Notice the court made reference to “self-dealing”?   This is probably the BEST CASE (in the author’s humble non-lawyer opinion) to cut your teeth on how student loans are securitized and how to spot the flaws in the debt collection processes.

BONUS CASE #2: 

And just when you thought that U. S. District Court judges deemed themselves infallible (again) by ruling against Plaintiffs in FDCPA cases … think again.  This case is all about “DEFINITIONS” in contract law:

READ THE CASE HERE: Calogero et al v Shows, Cali & Walsh et al, 5th App Cir No 19-30558 (Aug 17, 2020)

This case further demonstrates the bias in the lower federal district courts and why appeals are necessary.  For those trying to cut their teeth on HOW the Fair Debt Collection Practices Act operates, look at the definitions within the statute itself and understand that ALL definitions apply, including what defines a “transaction”, a “contract”, an “obligation” … and a “debt”. You’ll find most of the “red meat” in the “Discussion” section.  And weirdly, this case revolves around a scenario arising out of Hurricanes Katrina and Rita in 2005!  While upfront, the case looks like it favors the Plaintiff, look more at the Definitions as a learning curve.

AND IN OTHER NEWS … 

The eviction moratorium has ended in California, post-lawsuit! 

READ THE STORY HERE: (hat tip to “Epoch Times”)

Sadly, many tenants are now going to be facing “UD” (unlawful detainer) actions.  No more free rent.  No more “entitled living”.  But, but, but …

This means the courts are going to be jammed with thousands of cases and judges are going to be quickly moving things along to clear their dockets.  This is a dangerous issue especially if everything operates virtually over Zoom or some other device that makes it difficult to get a word in edgewise.  If it’s a foreclosure issue, you have to be especially careful of the documents that were recorded in the land records and how you posture your response to the pleadings.  In California, you can attempt to demur the Plaintiff’s pleadings if you can show there’s no basis in fact for the eviction, based on evidence you’ve uncovered with suspect public record documents. The Courts may ignore you too.  This of course will probably only apply to roughly 3% of those who care to do their research.  Like the foreclosure crisis of 2008, the other 97% will just cut and run like they did when the foreclosures began.  It is unknown HOW MANY detainer actions are going to clog the Courts in California yet.

Let the games begin.

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