Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory

Christopher Lewis Peterson University of Utah – S.J. Quinney College of Law Date posted: October 01, 2010 Abstract: Hundreds of thousands of home foreclosure lawsuits have focused judicial scrutiny on the Mortgage Electronic Registration System (“MERS”). This Article updates and expands upon an earlier piece by exploring the implications of state Supreme Court decisions holding … Read more

Explaining the Housing Bubble – A Georgetown University Law Center Paper

Explaining the Housing Bubble Adam J. Levitin Georgetown University Law Center Susan M. Wachter University of Pennsylvania – The Wharton School – Real Estate Department August 31, 2010 Georgetown Law and Economics Research Paper No. 1669401 Georgetown Public Law Research Paper No. 1669401 U of Penn, Inst for Law & Econ Research Paper Forthcoming Abstract: … Read more

It’s All About the Principal: Preserving Consumers’ Right of Rescission Under the Truth in Lending Act

Abstract: This Article explores a significant market-based threat to the Truth in Lending Act’s right of rescission, a remedy that attempts to deter lender overreaching and fraud during one of the most complex financial transactions of a borrower’s lifetime. The depressed housing market has substantially impaired many borrowers’ ability to fulfill their responsibilities in rescission’s … Read more

Full Deposition of Krystal Hall – Security Connections Inc. 400 Assignments a Day

Full Deposition of Krystal Hall – Security Connections Inc

Bankruptcy Court OKs Mortgage Cramdown on Primary Residence

Shhh… Did you hear that? It sounded like a bunch of lobbyists pulling out their wallets… Now I am not an attorney, but this one seems like a real doozy.  In re: Bradsher, Case No. 09-80942, USBC M.D. N.C., Durham Division (February 16, 2010). The applicable provisions of the Bankruptcy Code (ie. sections 506(a) and … Read more

Lender’s Refusal to Modify Loan May Have Violated Borrowers’ Fifth Amendment Right of Due Process

LYNNE HUXTABLE and JEFFREY A. AGNEW, Plaintiffs, v. TIMOTHY F. GEITHNER, et al., Defendants. Case No. 09cv1846 BTM(NLS) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA   December 23, 2009, Decided December 23, 2009, Filed OPINION ORDER DENYING MOTION TO DISMISS On  [*2] September 21, 2009, Defendants National City Bank and PNC Financial … Read more