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This is BIG NEWS in the world of real estate foreclosure in California (Gloski v. Bank of America, N.A.). A GIANT case came down from the California Court of Appeals 5th District (Fresno area). This case says that it is possible to set aside a wrongful foreclosure case where a lender tries to assign the deed of trust into the securitized loan trust AFTER the loan trust has closed.
To make it simple, where you have a "securitized loan" the loans are gathered up into a pool and transferred into a securitized loan trust. The trust is set up in most cases under New York Trust law. Under the law in order to retainer REMIC tax status (tax free status) the notes and deeds of trust are normally required to be transferred into the trust PRIOR to the date set for closing of the trust, or within 90 days of a cutoff date. Where this doesn't happen (which in my experience have reviewed a bunch of loans) the tardy assignment of deed of trust can be challenged as VOID and a borrower may be able to seek to set-aside the non-judicial foreclosure sale WITHOUT TENDER.
So listen in as Attorney Steve talks about this new case that may be able to help you in your fight against foreclosure and FRAUDCLOSURE in some cases. Pass this link on to your friends and family and co-workers who may be fighting the banks that created this mess in the first place.
Today we speak with Karen Rozier and Sherry Hernandez as they share their stories dealing with the courts.
Also joining in on the discussion will be Special Guest Attorney at Law Richard L. Antognini regarding his current case in The Court of Appeals in the Fifth District of California. You don't want to miss this one!
Fifth District, California. Thomas A. GLASKI, Plaintiff and Appellant, v. BANK OF AMERICA, NATIONAL ASSOCIATION Richard L. Antognini Law Offices of Richard L. Antognini 819 I Street Lincoln, California 95648-1742 Telephone: (916) 645-7278 Facsimile: (916) 290-0539 E-mail: email@example.com
Here is a quick podcast for our Vondran Legal Hour podcast. This show discusses Kestgar, Glaski, Ynanova and other finer points of making a securitized loan trust challenge. The Courts are very reluctant to allow pre-foreclosure challenges on Glaski grounds, to try to stop a non-judicial foreclosure sale. Attorney Steve talks about securitized loan challenges and contrasts that with actions for injunctions under the California Homeowner Bill or Rights.
Sunday, September 1st at 10:00am PST / 1:00pm EST Robert Tuna Townsend (NV) - a homeowner and a foreclosure fighter shares some of his experiences and observations on our collective journey to identify the elusive Party Entitled to Enforce, aka "PETE". Think "Bigfoot." - 1) We've 'turned the corner' - The era of the Settlement is coming to an end. 2) Moving from Defendant to Plaintiff; Breaking Presumption and Shifting the Burden. 3) Quiet Title 2.0; it's a Tactic, not a Strategy. 4) "A Free House? Are You Kidding Me?" 5) "Finding PETE"
***PETE is an acronym for "Party Entitled To Enforce" - the one (and only) party who has the legal right to modify a mortgage loan or to foreclose.
11:00am PST/2:00pm EST John Wright (piggybankblog.com) and Ryan Colcord (CA) will join us to discuss Ryan's family mortgage modifcation from hell story - an excerpt from John's blog post:"Ryan's mother, Annette Colcord, was diagnosed with Alzheimer’s disease in 2008. The good news was that Annette’s deceased husband -had opened a Trust account for Ryan and his brother to use to take care of their mother. The bad news was that Bank of America froze the Trust account."
DISCLAIMER I am not an attorney and I am not engaged in rendering legal advice. It’s my opinion and advice, not counsel. I am not responsible as an “expert” and for what you do with my advice and knowledge.
Foreclosure Fraud is Destroying Our Society
1:00 pm EST - Steve Johnson
a homeowner from KY with almost 6 years of experience researching foreclosure fraud, will be with us to discuss some of the foundations and history of the recent decision in Glaski vs BofA.
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1:30 pm EST - Shirlie Eaton from New Hampshie
After her divorce, Shirlie was awarded a house where she remained to live with her kids, one of them disabled. Husband stopped paying mortgage and asked for a modification and the rest is history...
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Foreclosure Fraud Survivors DISCLAIMER
I am not an attorney and I am not engaged in rendering legal advice. It’s my opinion and advice, not counsel. I’m just one of many homeowners in my quest for the exit from this mortgage mess we found ourselves in. Everything I say is based on my own experience or on the experience of people who shared their stories with me. I am not responsible as an “expert” and for what you do with my advice and knowledge.