The following newsletter appeared on the California Homeowner Bill of Rights website which can be viewed here HBOR.
It has been re-posted with permission by the author Kent Qian, Atty for the California HBOR Collaborative.
In the article he lays out the groundbreaking case law created by the California 4th Appellate [...]
ROYAL PARK v. DEUTSCHE BANK, 223 PAGES OF NONSENSE
If you have read the entire complaint you might have noticed a big hole in the theory for recovery. Plaintiff pleads fraud, fraud and more fraud. I personally hate the “F” word. The burden of proof for fraud involves scienter. Scienter is the [...]
I think a lot of people knew that there was no way the 5th District was going to reverse itself. I gave the four main reasons in my last post. Please do no forget how and why B of A lost Glaski. They were arrogant and careless, not stupid. Most of [...]
EROBOBO, GLASKI, EPTL 7.2.4 & THE FLUX CAPACITOR
There is no question that the borrowers executed a valid note at closing. What happened to the note and the associated security instrument thereafter is another matter entirely. Due to the complex nature of the RMBS transaction foreclosure some plaintiffs have engaged in conduct that is [...]
Glaski v. Bank of America, REHEARING
Just as soon as B of A’s attorneys wiped the mud out of their eyes for missing the fact that the Glaski loan was allegedly in a Delaware and not a New York trust they made a motion to rehear.
First, the record is the record and the California [...]
EPTL §7-2.4 was born out of those sections of the New York Code that dealt with title to real and personal property owned by a trust. With the enactment of EPTL in 1966, §14-1.1 repealed all those laws and consolidated them into one code section, §7-2.4. The various sections of the New York Code contained [...]
I received a lot of traffic and phone calls from attorneys in other jurisdictions regarding my comment on the Glaski case. I found the PSA on EDGAR. Glaski’s loan isn’t even in a New York Trust. It is in a Delaware trust. How the hell do you miss that? The first page of the PSA [...]
I read Erobobo the day it was published. My reaction was FINALLY! Finally, a New York Court discussed Trust law. We never really had to discuss [...]
Making a Complete Record & Applying the Right law
In lien theory-judicial foreclosure jurisdictions a defendant can shift the burden to the plaintiff by raising triable issue of fact. To do this the defense attorney has to make a prima facie case that the transfers of the note and mortgage did not occur in the [...]
There is no question about it. The borrowers definitely borrowed money. But they didn’t borrow money from the Plaintiff in the caption. So who is this Plaintiff and what the hell are they doing in this action? It’s all about the chain of title to the mortgage and chain of possession of the note.