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Is a Neg-AM Note a Negotiable Instrument? — Livinglies’s Weblog

The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower’s defenses. In all other circumstances […]

via Is a Neg-AM Note a Negotiable Instrument? — Livinglies’s Weblog

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Modification or Refi? Which is it? — Livinglies’s Weblog

Just because a document bears a title doesn’t mean that it accurately describes the nature of the transaction. A modification of any agreement requires both sides to agree. Here again we have the identity of the creditor being changed — expressly eliminating any claim that the “servicer” is a legal representative of the creditor to […]

via Modification or Refi? Which is it? — Livinglies’s Weblog

Only a Forensic Examiner can determine the Validity of an “Original” Note — Livinglies’s Weblog

Message of the day to homeowners and their lawyers: “stop admitting things that you assume are true. By admitting those facts you are hanging your client or yourself. Even the client is apt to say “Yes that is my signature on the note” when it has been described by opposing counsel as the original. In […]

via Only a Forensic Examiner can determine the Validity of an “Original” Note — Livinglies’s Weblog

Excellent advice that every homeowner in foreclosure should follow.   As the old saying goes, “Admit nothing, deny everything. Demand proof.”

Sick Puppy Ocwen to acquire Sick Puppy PHH Corporation: Homeowners Beware — Livinglies’s Weblog

PHH Mortgage Corporation-Consent Order By LendingLies Staff Shares of struggling mortgage servicer Ocwen jumped after the company announced it would buy rival, PHH Corporation- another small loan servicer that is able to operate without the servicing limitations imposed on big banks . In a release, Ocwen said the agreement was for $360 million in cash […]

via Sick Puppy Ocwen to acquire Sick Puppy PHH Corporation: Homeowners Beware — Livinglies’s Weblog

This is bad news as it will allow Ocwen to screw over even more homeowners.

HARP Extended Through 2018

The U.S. government deploys several resources for Americans who need help financing a home purchase, including the popular FHA Loan program. But unbeknownst to some, there are also tools available for current homeowners who have fallen behind on their mortgage payments. One of them is known as the Home Affordable Refinance Program managed by the […]

via HARP Extended Through 2018 —

That is good news for the limited number of homeowners that will qualify.

 

 

Renting A Home is a Good Deal and About to Get Better — considertheconsumer

In a growing number of housing markets, it makes more economic sense renting a home as opposed to buying it, according to a new analysis by real estate marketplace realtor.com. The authors of the report measured the various costs of renting a home as opposed to owning it and found the gap favoring renting is getting…

via Renting A Home is a Good Deal and About to Get Better — considertheconsumer

Determining whether renting or buying a home makes more economic sense requires consideration of a lot of factors including your tax situation, whether you plan to move within a few years.

Short Explanation of TILA RESCISSION vs Common Law Rescission — Livinglies’s Weblog

Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed. For quiet title to apply the mortgage must be void not just unenforceable. TILA Rescission is a statutory remedy that is different […]

via Short Explanation of TILA RESCISSION vs Common Law Rescission — Livinglies’s Weblog

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