Richard Kessler

4902 Sabal Lake Circle
Sarasota, FL 34238, United States

  • 41-924-5608

Mortgage Defense and the Law of Restitution

Wanton and willful financial misconduct in the origination, securitization, servicing and foreclosure of a mortgage debt will not bar collection and enforcement of the debt. Notwithstanding the creditor’s misconduct, the…more
| Bankruptcy, Civil Remedies, Finance & Banking, Real Estate - Residential

A New Strategy for Accelerated, Legal Foreclosure

The current obstacles created by the use of toxic documents to enforce the right of foreclosure underscore the need for a new strategy. The new strategy, like the old strategy, needs to “industrialize” foreclosure. That means…more
| Real Estate - Commercial, Real Estate - Residential

The Map of the Iceberg of Toxic Foreclosure/Richard F. Kessler

The inappropriate use of toxic documents which has become the subject of extensive media coverage is only the tip of the iceberg of toxic foreclosure, what some legal experts describe as a fundamentally-flawed and fraud-ridden…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Real Estate - Commercial, Real Estate - Residential

16 Types of Toxic Documents which Impewde Foreclosure

A great deal of media attention has been given to "Robo-signing" where a person improperly signs a document filed in court including forging a notarization or authenticating a debt by affidavit where the affiant has no knowledge…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Real Estate - Commercial, Real Estate - Residential

10 Headaches for MERS

The courts have split regarding the validity of foreclosures where MERS has held the mortgage note. Listed here are 10 different legal issues with which the courts are either wrestling or which the courts will have to address in…more
| Real Estate - Residential, Real Estate - Commercial

The Map of the Iceberg of Toxic Foreclosure

When it comes to foreclosure, particularly those involving a mortgage sold to a trust, the media has reported all kinds of irregularities and improprieties. I thought it would be interesting to do a table of who might be liable…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Professional Malpractice, Real Estate - Residential, Securities Law

Toxic Document Fallout

Read about the fabrication of documents by plaintiffs seeking to foreclose a mortgage in default? Did you know the media has only uncovered the tip of the iceberg. There are 16 different types of problem documents listed in this…more
| Finance & Banking, Insurance, Real Estate - Commercial, Real Estate - Residential
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Real Estate
  • Zoning, Planning & Land Use
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