9th Circuit Reverses; Suit Goes Forward re: Mtg Loan Debt Collectors
by john gault | 2015/07/20
The 9th Circuit Court of Appeals recently reversed and remanded a long-fought battle over licensing for those who are deemed to have been acting as debt collectors when performing activities related to non-judicial foreclosure.
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The Deed of Trust Trustee, Laws, and the Constitution
by john gault | 2015/02/08
Are the current actions by those named as substitute trustees or acting as agents for the
beneficiary in our deeds of trust unconstitutional?
My support of an answer in the affirmative.
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Expressed Agreements v the Uniform Commercial Code
by john gault | 2014/04/18
This material looks at the UCC as the default law which it is when construing
enforcement of promissory notes utilized in home loans.
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Today the Fed Announced It Will Trim Its Bond Buying
by john gault | 2013/12/18
GNMA's Mandate to MBS Issuers to Repurchase and Holder v Holder in Due Course
by john gault | 2013/10/18
Who May Assign a Deed of Trust, even if MERS has Authority?
by john gault | 2013/06/15
This material touches on numerous topics, including agency, but its primary goal is
to identify the party who may assign a deed of trust, either himself or who may empower
another, including MERS, to do so. I also discuss my belief that a deed of trust does not
"follow a note", why not, and why a court may not find an 'equitable' assignment.
Kentucky County Recorders File Suit Against MERS, Shareholders - Is Money Due?
by john gault | 2013/01/31
The OCC Abandons the "Independent Foreclosure Review"
by john gault | 2013/01/08
The Office of the Comptroller of the Currency has announced it's ending the Independent Foreclosure Review, apparently on the basis it's inconclusive. The OCC left the review in the hands of the banks: how was this "independent"? It wasn't , and as such, I hope it wasn't the polity which had to pay for this show-boat exercise in futility.
MERS and the Doctrine of Merger
by john gault | 2012/09/06
This material looks at the doctrine of merger including the ramifications of credit bids in foreclosures and deed of trust trustees selling liens. It also touches on WA SC's recent decision on MERS as beneficiary in Washington state deeds of trust.
A Look at Foreclosure Post-MERS' Consent Order
by john gault | 2012/05/05
Since MERS entered the Consent Order with the U.S. Dept of the Treasury in April of 2011, its members may no longer foreclose in MERS' name. This material looks at how the members are dealing with this situation.