Sunday, February 20, 2022

Brooklyn Grandmother Says Decades-Long Home Was Swiped Out From Under Her In Sale-Leaseback Foreclosure Rescue Scam; Now Resists Eviction, Refuses To Go Down Without A Legal Fight

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 In Brooklyn, New York, The Real Deal (New York) reports: A new legal filing and old mortgage documents shed light on an eviction saga in ...
Saturday, February 19, 2022

Sale Leaseback Arrangement Designed To Pilfer Home Equity Out From Under Elderly Homeowner Facing Foreclosure Goes Haywire For Scam Artist

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The underlying facts in a 2019 California state appeals court case may serve as a cautionary tale for foreclosure rescue operators who effec...
Tuesday, February 15, 2022

Institutional Sale Leaseback Peddlers Facing Equitable Mortgage Re-Characterization Threats?

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There has recently been an apparent influx of companies entering the real estate market that seek to "institutionalize" the busine...
Wednesday, December 16, 2020

Big Money Wall Street Operators Now Entering Sale Leaseback Rackets Targeting Financially Distressed Homeowners

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 In New York City, The Real Deal (New York) reports: Sale-leaseback deals are becoming an increasingly popular investment option as homeown...
Friday, July 28, 2017

Use Of Land Contracts In Sale Of Real Estate In Indiana Generally Treated As Outright Sale & Purchase, Equitable Mortgage Requiring Foreclosure, Not Forfeiture, In Event Of Default

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In Indianapolis, Indiana, the  Indianapolis Star  reports: Indiana law has few protections for people who purchase a house with land contr...
Sunday, January 29, 2017

Idaho Supremes Void Foreclosure Purchaser's Tax Deed Where Taxing Authority That Conducted Auction Failed To Serve Written Notice Of Sale On Personal Representative For Deceased Prior Owner's Estate

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From a recent  Opinion Summary from Justia US Law : Eric and Kathryn Bowen purchased property in Caldwell  through a tax deed sale  conduc...
Thursday, November 17, 2016

Massachusetts Appeals Court Affirms Ruling Restoring Nursing Home-Bound 83-Year Old Widow's Ownership Of Over $2.5 Million In Real Estate, Other Assets Pilfered By Sleazy Son, Daughter-In-Law; Fiduciary Relationship Among Parties Shifted Burden Onto Defendants To Prove Transactions Were Free From Fraud, Undue Influence

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From a recent story in  WealthManagement.com : The near epidemic of financial exploitation of the elderly and infirm came into sharp focus...
Wednesday, September 21, 2016

Tax Court: Sale Leaseback Deal Fails Substance Over Form Test; Transaction An Improper Tax Dodge Treated As A Loan For Income Tax Purposes

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From a recent post in CCH Tax Day Report : A series of transactions consisting of a like-kind exchange, coupled with a sale and leaseback ...
Monday, July 18, 2016

Ohio Supreme Court Slams Brakes On Liability Insurer's Attempt To Automatically Deny Coverage To Landlord Sued By Prospective Tenant For Alleged Discrimination Under Fair Housing Act

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From a recent article appearing in the insurance industry publication,  Claims Journal : [T]he Ohio Supreme Court recently considered appl...
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Thursday, March 10, 2016

Void vs. Voidable: Illinois Lawsuit: Failure To Use State-Licensed Private Detective Agency To Serve Foreclosure Lawsuits Violates State Law, Leads To Slew Of Void (Not Merely Voidable) Foreclosure Judgments; Property Owner Seeks Return Of $3.5 Million In Proceeds From 22 Sales

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In Chicago, Illinois, the  Cook County Record  reports: Trying to take advantage of a “ procedural windfall ,” a Chicago-area investment f...
Monday, March 7, 2016

Florida Appeals Court Invokes 'Two Strikes & You're Out!' Rule To Permanently Sink Foreclosure Action; Unanimous Panel Says Banksters Allowed Only One Refiling Per Mortgage Note (Not Per Plaintiff), Then Get The Boot After The 2nd

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In West Palm Beach, Florida, the  Daily Business Review  reports: One voluntary dismissal too many sank a foreclosure case  for a lender w...
Tuesday, March 1, 2016

Florida Appeals Court: "Precise Identity Of Each Entity In The Chain Of Transfers Is Crucial" When Bankster Is A 'Nonholder In Possession' Attempting To Foreclose On Note Containing 'Special Indorsement'

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From a recent client alert from the law firm  Maurice Wutscher LLP : The District Court of Appeal of the State of Florida, Fourth District...
Wednesday, February 24, 2016

Reminder To Florida Trial Judges On Reestablishment Of Lost Notes (Both In Foreclosure & Non-Foreclosure Debtor-Creditor Cases): No Entry Of Judgment Allowed Until Person Required To Pay On Instrument Is Adequately Protected Against Risk Of Loss Of Double Payment

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A  recent ruling by a Florida appeals court  serves as a reminder to all trial judges presiding over debtor-creditor cases (both foreclosure...
Friday, February 19, 2016

Void vs. Voidable Mortgage Assignments: California Foreclosed-Upon Homeowners Score Big Win Over Sloppy Banksters; "[A]n Allegation That The Assignment Was Void, & Not Merely Voidable At The Behest Of The Parties To The Assignment, Will Support An Action For Wrongful Foreclosure," Say State Supremes In Unanimous (7-0) Decision

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In Sacramento, California,  National Mortgage News  reports: The California Supreme Court on Thursday ruled that borrowers  may challenge ...
Friday, December 11, 2015

Florida Appeals Courts Spent A Busy 2015 Reversing Trial Court Screw-ups In Foreclosure Cases

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Anyone paying attention to the foreclosure litigation going on in the Florida courts knows that the appeals courts have been kept busy havin...
Wednesday, November 4, 2015

Homeowners' Standing To Challenge Mortgage Assignments Where They Fail To Comply With Terms Of Trust's Governing Docs: U.S. Supreme Court Denies Homeowner's Petition For Review

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A follow-up on the last post (September 24, 2015), U.S. Supremes Asked To Address Foreclosing Banksters' Claims That Homeowners Lack Sta...