Grandpa Ward, Elsa, and Helen at Reuben H. Fleet Science Center

InnoVest Resource Management's

Foreclosure Forum


Discussion Board

"Hands-On" Training

Title Holding Trust

Annual Reunion

Speaking Schedule


Foreclosure Fundamentals

Code References

50 State Foreclosure Basics

Foreclosure Glossary

Foreclosure Statistics

75+ Yrs Interest Rates

Fillable Forms

Archived Articles

Dingbat Retirement Plan


Contact / Map | Priceline Tips

About Us



Innovest Resource Management BBB Business Review

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ]

Re: Slighty Off Topic but of interest none the less:

Posted by Kristine-CA on July 22, 2011 at 1:10 PM

In Reply to: Re: Slighty Off Topic but of interest none the less: posted by JK (the other JK) on July 21, 2011 at 9:39 AM

I don't know of one either, but I sure am curious about these cases. I've read some cases that didn't cut it. There are some challenges in CA that other states don't have. CA case law provides a lot of lee-way for lenders. The original note is not required. You can sue to delay but there are remedies available to lenders/note holders. Even with a BK cramdown of a bank loan, it doesn't make the house free and clear, unless the BK judge can somehow detach the collateral from the note. If this is happening and someone knows of an actual case, please share..

Then there is the issue of tendering. If you want to overturn a sale, you have to be able to be able to prove that you have the money to bring the loan current when bringing a case against a lender and trustee. Basically the court is saying don't waste our time with technicalities if you can't pay the amount due anyway. Not sure that's best law, but it's there. Surely there is one case....somewhere in CA that these people are banking on. ;)

: : : I'm running into a lot of homeowners in distress that are being duped
: : : by scam artists claiming that can sue the bank and get their house
: : : "Free and Clear". Anyone else running into this? What ammunition
: : : are you using to help reeducate people on the facts? Here's one of the
: : : guys promoting this crap:
: : :

: : Which facts are you referring to?

: I believe it's a myth that the end result of a lawsuit will be a "Free and Clear" house. It's a fact that I don't know of ONE CASE where someone sued the bank in California and has won a "Free and Clear" home.

Follow Ups:

Post a Followup:

Name    : 
E-Mail  : 
Subject : 

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ]

WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

Information provided by this website is for informational purposes only and is not a substitute for professional advice. Please consult your investment advisor and/or attorney before entering into any transaction. Read our privacy policy.

Copyright © 1997-date("Y"), InnoVest Resource Management

InnoVest Resource Management, 4569-A Mission Gorge Place, San Diego CA 92120-4112
(619) 283-5444, Fax (619) 283-5455