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U.S. NINTH CIRCUIT REVERSES FDCPA DISMISSAL; CAN’T USE STATE LAWSUIT TO CONFOUND FEDERAL LAW!

This case is good news although it seems to be that many cases that favor the debtor or a homeowner are not published which prevents their being cited as binding authority. Happy Thanksgiving to you too Dave as well as everyone else.

Clouded Titles Blog

BREAKING NEWS — 

While not presidential, the U. S. Ninth Circuit Court of Appeals has reversed a Nevada FDCPA case, declaring in part:

The panel reversed the district court’s dismissal of an action brought against a debt collector under the Fair Debt Collection Practices Act.

The panel held that a debt collector cannot avoid liability under the FDCPA by obtaining the debtor’s lawsuit through a state court writ of execution.

The panel concluded that such a procedure frustrates the Act’s purpose and is thus conflict- preempted. The panel remanded the case for further proceedings.

To read the case, click here: Arrellano v Clark Co Coll Svc LLC et al, 9th App Cir No 16-15467 (Nov 17, 2017)

OP-ED —

Sadly, too many U.S. District Court judges are quick to dismiss debtor claims.  They appear to treat these types of actions as if the debtor is trying to escape debt…

View original post 275 more words

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Ocwen is NOT Entitled to Invoke the Benefits of a Legal Presumption

Livinglies's Weblog

The banks are winning  most cases because homeowners choose not to defend. The second most reason for this fraudulent winning streak is the application of legal presumptions that eliminate the need to actually prove their case. 99% of the time they are winning cases in which they should lose and be subject to sanctions for trying to defraud the court and the homeowner.

The bottom line is that if ever there was a source of information that was less than credible in civil litigation it is the case of Ocwen as a servicer. By definition that means that they are not entitled to any legal presumptions. And that means Ocwen must prove everything proffered to prove the truth of any matter asserted.

All statutes on evidence say the same thing: if the hearsay contained within testimony or a document comes from an unreliable source,  no legal presumptions should apply.  So…

View original post 929 more words

Discovery Where Freddie or Fannie Is Alleged to be Owner of Loan — Livinglies’s Weblog

Fannie and Freddie are the equivalent of black holes in physics. Representations abound that they own a loan, or note, or mortgage or debt. What this testimony shows is that there are specific discovery items to request and compel wherein the the truth of the matter and the truth about the parties will be revealed. […]

via Discovery Where Freddie or Fannie Is Alleged to be Owner of Loan — Livinglies’s Weblog

Home Prices Are Back At Housing Bubble Levels — considertheconsumer

Home prices have returned to the lofty levels they reached 10 years ago, just before the market crashed in a wave of foreclosures. But today’s housing market is very different from the one in 2006, according to Danielle Hale, chief economist at realtor.com. In 2006, the housing market was fueled by plentiful mortgage money and lenient…

via Home Prices Are Back At Housing Bubble Levels — considertheconsumer

This article is incorrect in my opinion as sub-prime mortgages and low documentation loans are making a comeback. It is only a matter of time until the current housing bubble bursts.

Beware of All The Phishing Scams This Holiday Season — considertheconsumer

The holidays are a busy time for buying gifts and other items, but unfortunately, it’s also a time when consumers need to be on the lookout for potential scams. Phishing scams, in particular, tend to flourish during the holidays. In this type of con, a scammer will send malicious emails and messages to consumers to…

via Beware of All The Phishing Scams This Holiday Season — considertheconsumer

A Guide On How To Stop Robocalls — considertheconsumer

It happens to us at least once a week. You pick up your home or cell phone only to be greeted by a few seconds of silence before hearing how much help you need cutting your auto insurance in half. Well, we at Consider The Consumer are tired of it and want to stop it […]

via A Guide On How To Stop Robocalls — considertheconsumer

JPMorgan Says Family Awarded $8 Billion Verdict Deserves Nothing — Justice League

JPMorgan Chase & Co. urged a judge to throw out a stunning $8 billion jury verdict over a mismanaged inheritance, saying the family deserves nothing. “The law and evidence do not support any claim against JPMorgan, much less the unprecedented multi-billion-dollar punitive damage award, which the heirs have already admitted is unconstitutionally excessive,” the bank said in a […]

via JPMorgan Says Family Awarded $8 Billion Verdict Deserves Nothing — Justice League

If I lived in the State of Texas and wanted to sue a big bank or another large corporation I would find out the names of the lawyers that represented the heirs in this case as they did a fantastic job.

 

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