Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, June 07, 2013
Does Bankster's Switch From Non-Judicial Process To Judicial Foreclosure Lawsuit To Force Home Sale Violate Earlier-Granted Preliminary Injunction In Colorado Case? Judge To Decide
In Denver, Colorado, The Denver Post reports:
The federal judge poised to decide whether Colorado foreclosure laws are unconstitutional is taking a moment to determine whether lawyers still trying to take an Aurora woman's house are using a loophole to bypass the court.
U.S. District Court Judge William J. Martínez on Tuesday gave lawyers for U.S. Bank until June 12 to prove they had not violated an earlier court order to leave Lisa Brumfiel's four-bedroom house alone until the constitutional question had been decided.
Brumfiel filed an emergency motion to sanction the lawyers — foreclosure attorney Larry Castle and his Castle Law Group — and the investment trust that holds the note on Brumfiel's house. Brumfiel said they violated Martínez's earlier order to "maintain the status quo" while her federal lawsuit was pending.
At issue is whether the bank and trust could rescind the foreclosure case that gave rise to Brumfiel's lawsuit, then file a new one in state district court using a different set of laws to accomplish the same thing.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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