In the past, I have, for the most part, turned away clients that have come to me claiming that the bank "never had the note." This is due mostly to a provision in the Uniform Commercial Code (or UCC) which is legislation ado...
Show Me the Note
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10/11/2011
Protestor's Demands
Categories: Foreclosure Defense, Tenant's Rights, Bankruptcy, Unemployment HearingsIt is hard to escape the coverage these days of the "Occupy Wall Street" and "Occupy Boston" protests. One consistent theme from the media, with respect to the protests is that the protestors are not coherent in their demands.
In my work with people in debt, I have noticed some ...
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8/17/2011
Eaton Should be Affirmed
Categories: No categoryYesterday I wrote about Eaton v. Fannie Mae the case where Judge McIntyre bravely stated what should be obvious: that when foreclosing on a mortgage, the foreclosing entity should be the holder of the note the mortgage secures. Today, I learned of a recent 9th Circuit Bankruptcy Appellate Panel decision ...
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Many people who are in foreclosure consider bankruptcy. However, whether bankruptcy is the right choice for you or not depends on many complex factors. With all the moving parts, it makes sense to discuss the issue with an attorney. How complex is it?
Since most people come to me when ...
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7/31/2010
Mortgage Scams: the Option ARM Scam
Categories: No categoryProbably less so these days, but certainly a feature of mortgages past was the Adjustable Rate Mortgage, or the "ARM." An adjustable rate mortgage has a rate that changes with interest rates - theoretically.
When you purchase the loan, the mortgage broker, or the bank, smilingly tells you that the rate ...
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7/21/2010
Shh! It's a Trade Secret
Categories: Trademarks, Business Disputes, Free and Open Source SoftwareShh. My business is in stealth mode! ...what are we doing? er, well, ok, I'll tell you, but don't tell anyone else, okay?
The foregoing was a great example of how to lose trade secret protection status for your business. More on how to avoid doing it after ...
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4/12/2010
Mortgage Scams: the Mortgage "Modification" Scam
Categories: Foreclosure Defense, BankruptcyThe second kind of scam that homeowners can experience after purchasing a loan involves an offer to modify the loan, made either by the loan's servicer, who probably has no intention of modifying the loan, or by a third party "modification assistance" company, which will offer to "help" with ...
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