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
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
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
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
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
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
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
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