WHAT'S IN THE NEWS - 2013
That Matters
Page 1 (2016), Page 2 (2015),Page 3 (2014), Page 4 (2013)
The best part about DNC violations is that the Sixth Circuit Court of Appeals has held that damages under this section may be stacked on top of the TCPA 227(b) section covering “calls to cell phones.” This means that the consumer can get up to $3000.00 per call for violations of the cell phone prohibitions and the DNC provisions. Charvat v NMP, LLC, 656 F. 3d 440 (6th Cir. 2011).
All publicly traded corporations must file a 10 K report with the SEC. Here's one from a debt collector, notice that there are many items disclosed that would create heartburn for them should they appear in your Discovery documents.
Obtaining your credit report without a permissible purpose, the collection of a debt is a permissible purpose, yet, can the debt collector actually certify that the debt, in fact, is yours. If Rosenau v. Unifund Corp U.S.D. 3rd Cir., No. 07-3019 6/30/08 and the FTC's publication titled "Structures and Practices of the Debt Buying Industry" (Jan. 2013) are to believed, they cannot.
Obtaining your credit report during litigation. A most definite no, no. A felony in fact. See 15 USC §1681(j) & §1681(r).
This is the SEC site where Encore, BY LAW, MUST list everything on their company including all law suits filed against them AND THEIR COMPLIANCE PROCEDURES ETC. Encore is not the only Debt Collector listed on the Edgar web site.
Traitor or Patriot, let's all get together and hate Justice Roberts, for having save America. Too bad so many can't, or won't, read what he actually said in his decision on "ObamaCare."
Crooked Judge Finally removed after multiple crimes in her Courtroon for more than two years in just this case alone.
Deals with issues of the plain language of the statute, and where and when a dispute in writing is required.
You have the right to be left alone. Get help with debt collectors here!
Good explanation of rights in this case on a bank freezing exempt monies for judgment. "Plaintiffs are judgment debtors whose bank accounts were "frozen" by judgment creditors in anticipation of enforcement of a money judgment pursuant to CPLR Article 52. Plaintiffs allege that the restraints were invalid because their banks failed to comply with requirements imposed on financial institutions under the Exempt Income Protection Act of 2008." The act spoken about in this posting is for New York, be sure to check your state laws for a parallel law.
Midland v Seth Indiana Appeals (remanded), great language in reversing a summary judgment on the grounds of "inadmissible evidence" and failure to show prima facia right to judgment as a matter of law... tore the affidavit all to hell and the so called "legal specialist" who wrote it and the "Rule 203(6) business records exception. This will be handy.
Cosajay v. Mortgage Electronic Registration Systems, Inc. Mortgagor brought action to enjoin foreclosure proceedings, challenging validity of assignment of mortgage by mortgagee's nominee, the Mortgage Electronic Registration System (MERS). MERS and assignees moved to dismiss. Motion Denied. WTF. California feels the aftershock from Rhode Island.
Securitization, Foreclosure, and the Uncertanty of Mortgage Title, will everyone have to file a quiet title action to clear any and all clouds from their property's title?
Leave it Massachusettes to do it again - forclosure precedent that may upset all foreclosures through out the state.
Foreclosure vacated, improper service - Massachusettes.
National Consumer Law Center's testimony before U.S. Congress.
New Rules for Electronically Stored Information - Preservation and Discovery
Case Study for State Court Actions, for Debt Collection.
I Won Against Midland Funding!, This is a workbook lesson on how a case should be handled in state court by a pro se.
(available in *.pdf)
Start To Finish Winning Against Midland Funding Aka Jdb!
Indiana Appeals (remanded), great language in reversing a summary judgment on the grounds of "inadmissible evidence" and failure to show prima facia right to judgement as a matter of law... tore the affidavit all to hell.
US Bank admits, in writing from their corporate office, that the Borrower is a party to an MBS transaction; that Securitization Trustees are not involved in the foreclosure process; have no advance knowledge of when a loan has defaulted; that the ”True Beneficial Owners” of a securitized mortgage are the investors in the MBS; and that the goal of a servicer is to “Maximize the Return to Investors”.
State AG Sues Debt Buyer Over “Robosigning” of Affidavits of charged-off customer accounts from large banks, and then allegedly manufactured affidavits to aid in the collection of those accounts from individuals and businesses.
New York Courts open Web Site to teach consumers how to vacate debt judgments, they show you how to get it done.
CFPB goes after Debt Collectors pursuing time barred debts and you can too.
Banking Revolution begins in IRELAND - 14th October 2013 (Could it be that Iceland is being re-created?)
THE BANKERS’ MANIFESTO OF 1892 & 1934 We (the bankers) must proceed with caution and guard every move made, for the lower order of people are already showing signs of restless commotion.
Affirmative Defense ='s Confession; any attorney who doesn't know this may well be incompetent, and if he does know it, he may well be selling you, your estate and your family down the girgler.
US Court Strikes Defendant's Affirmative Defenses.
There is no question of discretion on the part of the court when a motion is under Rule 60(b)(4).
In a stunning ruling from the Ninth Judicial Circuit Court of Common Pleas of Charleston, South Carolina, a Judge has issued a detailed, 4-page written opinion dismissing a foreclosure action
S. Carolina 4-page court order dismissing foreclosure for lack of standing.
Foreclosure Litigants, A Suspect Class of Disparate Treatment, a Violation of Due Process.
CFPB files amicus brief in FDCPA case | Ballard Spahr LLP - JDSupra; failure to disclose debt as time barred.
40 Days and 40 Nights on Mount TCPA: Make Sure You Come Down with Proper Consent for Autodialed, Prerecorded and Text Telemarketing
Fourth Circuit Holds TCPA Disclosure Requirements Constitutional
New TCPA Requirements for "Prior Express Written Consent" Effective October 16
On appeal, the Third Circuit reversed, holding that the TCPA allows a consumer to revoke any prior express consent previously provided. The Third Circuit also held that there is no temporal limit to this right, that is, a consumer can revoke his or her consent at any time.
Executive of Debt Collection Agency Sentenced to House Arrest for Bribing Bank Executive: Scammed Banks, Scammed Investors, Scammed Debtors.
Attorney Faces Liability for Debt-Collection Letter: ...lawsuit against a lawyer underscored a debt collector’s obligation to inform consumers about their rights to dispute the debt.
Years later, the truth about the real estate securitization trusts comes out: This is major.
HSBC is still sponsoring terrorists! Has expanded to include Capital One with the sale of HSBC credit card business to CapOne. (Video)
Colorado AG: Lawyer e-mails indicate collusion to control foreclosure billing.
Constitutional Case Law Supreme Court decisions you may find of value.
Your mortgage documents are fake!
Ninth Circuit Adopts Wigod Reasoning in Holding Trial Payment Plans Enforceable
Please Ask California Court of Appeal to Publish an Important Pro-Borrower Chain of Title Ruling
DEA manual told IRS to tamper with evidence, a crime.
Military contracts granted to the Taliban and Al-Qaeda in Afghanistan......What?
$1.2 trillion worth of student loans outstanding..can you say bubble?
Cash-for-freedom deals...the new Amerikan way
Former Foreclosure Mill Owner, Marshall Watson, Suspension Approved by State Supreme Court (too few, too little, too late).
Yet another New Jersey Chancery Court Judge has dismissed a
foreclosure case due to the Plaintiff’s failure to comply with the
homeowner’s discovery.
Debt Buyer Encore Capital Settles Long-Running Legal Collection Charges for $500,000
(available in *.pdf)
Calling All California Lawyers (and Others Who Want to Help Abused Homeowners)!
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Void Judgment Details
22 Reasons Simply Stated
Restated with evidence cited
Meet "Richard Cornforth"
Sue Debt Collectors Instead
Support Docs for Suing Debt Collectors
Unfair and Deceptive Practices
Case Law for Suing Debt Collectors
Recorded Calls from "just Dave"
Research Links, Videos, Court Filings & Confessions
Summary
Why pay debt collectors when you can make them pay you?!
Make'm pay when they break the rules!
of making decisions than by putting those decisions
in the hands of people who pay no price for being wrong"
- Thomas Sowell