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 A mortgagor may waive its right to compel arbitration

INFORMATION FROM HCNAnonymous writes "MORTGAGES; FORECLOSURE; ARBITRATION; WAIVER:. A mortgagor may waive its right to compel arbitration if it acts inconsistently with the intention to arbitrate in the litigation of the foreclosure.

LZG Realty, LLC v. H.D.W. 2005 Forest, LLC 896 N.Y.S.2d 389 (N.Y. App. Div. 2010).

Mortgagees brought a foreclosure action A year and a half later, while the action was still pending, Mortgagor asserted the right to arbitrate the debt claim under a provision in the loan agreement. The Mortgager had failed to assert his right to arbitrate in his answer to the action. The trial court held that the Mortgagor had waived his right to arbitration.

"

Posted by david on Thursday, September 02 @ 16:59:58 MST (12 reads)
(Read More... | 1652 bytes more | comments? | Score: 0)

 ALTERNATIVE DISPUTE RESOLUTION; ARBITRATION; INCORPORATION CLAUSES

INFORMATION FROM HCNCONSTRUCTION LAW; ALTERNATIVE DISPUTE RESOLUTION; ARBITRATION; INCORPORATION CLAUSES: An incorporation clause binding a subcontractor to all terms in a prime contract does not incorporate an arbitration agreement in absence of an express and specific agreement to arbitrate. Wonder Works Construction v. R.C. Dolner, Inc. 901 N.Y.S. 2d 30 (N.Y. App. Div. 2010). ?

Posted by david on Thursday, September 02 @ 16:53:57 MST (13 reads)
(Read More... | 2670 bytes more | Score: 0)

 Fraud on the Court By Mortage Companies

Public Watch  DogAnonymous writes "I have 3 loans that had the security instruments (in GA they are called Security Deeds) “transferred” by so called VPs of MERS. On looking up who the VPs actually were, it turns out they were actually either employees of the Loan Servicer (Chase Home Finance, LLC) or junior associates at the foreclosure mill firms. The big “mills” here in Atlanta are called McCalla Raymer and Johnson Freedman who work in close concert with another service firm called Prommis Solutions (located right next door to McCalla Raymer here in Atlanta).

They push thru 1000s of non judicial foreclosures a month with bogus Vice Presidents signing off on do*****ents.

Anyway.. I have proof of the fraudulent assignments, and the people who are “Vice Presidents” of MERS, a tiny company in Maryland with about 40ish employees according to their website, and depositions by their CEO (R.K. Arnold). Under MERS’ own membership guidelines, this is impermissible as only genuine officers of the loan servicing company can act as “Vice President” of MERS (per video deposition of CEO of MERS R.K. Arnold, Circuit Court of Montgomery Co, AL, Sept 25, 2009. (Civil action number CV-08-900805.00)
"

Posted by david on Saturday, August 28 @ 07:55:25 MST (22 reads)
(comments? | Score: 0)

 FHFA's proposed ban on private transfer fees could cost homeowners

INFORMATION FROM HCNAnonymous writes "A federal agency is moving to prohibit controversial "private transfer fees" on all mortgages funded by Fannie Mae and Freddie Mac. But its proposed ban might extend to transfer fees routinely collected by community associations across the country -- potentially forcing some of them to raise assessments on thousands of unsuspecting homeowners.

"

Posted by david on Friday, August 27 @ 08:58:34 MST (29 reads)
(Read More... | 5395 bytes more | comments? | Score: 5)

 Lawyers Just Maybe 3rd part Debt Collectors Subject to FDCPA

Your  LettersAll that may be true enough but what they can't escape is the fact that they are 3rd party debt collectors and can be sued in federal court for FDCPA violations.

The lawyers that prosecute the cases are also 3rd party debt collectors and the home owner can sue each one of them separately. It isn't hard to get a good 50 to 100 violations against lawyers.

I currently have 8 students going after one lawyer all at more or less the same time and pretty much the same violations.

I'd like to get a 100 going after the same lawyer all at the same time. It would put them out of business even if the damages for each case were only $2 or $3K for each one.

They file hundreds of cases a month here in Oklahoma and the way they are handled they should not only sued in federal court but sanctioned for each one in the local courts as well.

That's the trick most people are missing is that mortgage servicers are 3rd party debt collectors and they can be sued and made to pay damages.


Posted by david on Friday, August 27 @ 08:21:17 MST (24 reads)
(comments? | Score: 0)


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