The Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court

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A 2007 court case decided by a U.S. Bankruptcy Court in Florida (In re Weinraub, 361 B.R. 586 (Bankr.S.D. Fla. 2007) illustrates some of the procedural hurdles that may face an attorney representing a homeowner in attempting to unwind/undo a predatory sale leaseback transaction.

Recharacterizing Sale Leasebacks As Equitable Mortgages In Texas. A state appeals court reversed, and the Texas Supreme Court, agreeing with. was intended as a loan, the law should impute the existence of a debt, thereby. as a deed is actually a deed or is in fact a mortgage is a question of fact.

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This court is constrained under the facts of this case to hold that ATN. of the existence of any right which the person in possession is able to establish" ( Phelan v.. that he actually knew, or ought to have known, the fact in question.. Leaseback foreclosure rescue ripoff: Screwed-Over Homeowner.

Home Equity Theft Reporter The state Department of Justice filed a brief in the 9th U.S. Circuit Court of Appeals, arguing that the Mortgage Electronic Registration Systems, or MERS , can’t stand in for lenders when it comes to county records in what’s called "a non-judicial foreclosure" — one that does not go through court.

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The decision follows the Supreme Court decision on theDefense of Marriage Act.. has released a new report that highlights the fact that Google’s. rates is being blamed for a decline in pending home sales during July.. By most accounts, a building wave of foreclosures served as the catalyst for.

Black Knight: National Mortgage Delinquency Rate Decreased in April, Foreclosure Inventory Lowest since August 2006 "This influx of bank-owned inventory. rate dropped out of the top three highest among the states for the first time since June 2012 thanks in part to a 33 percent year-over-year decrease in.