Tag Archives: 2932.5

Don’t Declare Bankruptcy Before You Need To

Today, many people are deciding to declare bankruptcy. With so many people being laid off, a lot of people are deciding to file for bankruptcy but you need to realize that it is not for everyone. There are other ways … Continue reading

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Possession of the note "NO" recorded assignment "YES" civil code 2932.5 CARTER v. DEUTSCHE BANK NATIONAL TRUST COMPANY (N.D.Cal. 1-27-2010)

Some courts appear to have reasoned that plaintiff’s position Page 29 would create an explicit conflict with the statute’s provisions. The statute authorizes the “trustee, mortgagee, or beneficiary, or any of their authorized agents” to initiate foreclosure. Cal. Civ. Code … Continue reading

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MERS and civil code 2932.5 and Bankruptcy code 547 here is how it comes together

CA Civil Code 2932.5 – Assignment”Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money, the power is part of the security and vests in … Continue reading

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Ortiz v. Accredited Home Lenders

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Docket Number available at http://www.versuslaw.com Citation Number available at http://www.versuslaw.com July 13, 2009 ERNESTO ORTIZ; ARACELI ORTIZ, PLAINTIFFS, v. ACCREDITED HOME LENDERS, INC.; LINCE HOME LOANS; CHASE HOME FINANCE, LLC; U.S. BANK … Continue reading

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90% Forclosures Wrongful

A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. This is even more evident now since California passed the Foreclosure prevention act of 2008 SB 1194 codified … Continue reading

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Fabrication of Documents: MERS GAP Illuminated

Posted on July 30, 2009 by livinglies Another example of why a TILA audit is grossly inadequate. A forensic audit is required covering all bases. Although dated, this article picks up on a continuing theme that demonstrates the title defect, … Continue reading

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How to Use MERS on Deed of Trust or Mortgage

It is time to use the presence of MERS on the originating loan paperwork as an OFFENSIVE TACTIC. Most states have some version of the statute below. It is simply common sense. A creditor is not a creditor unless they … Continue reading

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