Texas
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1.3KThe US Supreme Court Slaps Fifth Circuit Panel of Graves, Higginbotham and Higginsons Decision Not to Arbitrate
The wholly groundless exception to arbitrability is inconsistent with the Federal Arbitration Act and this Court’s precedent. Under the Act, arbitration is...
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1.4KEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court Heard Oral Arguments on Monday (Minus a Recovering Justice Ginsberg)
Justice Samuel Alito (for the Fifth Circuit) seemed the most receptive to that argument (a foreclosure is NOT a debt collection), telling...
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2.8KOcwen: The “Chosen” Sub Servicer for the Banking Industry Continues to Grow with Fake WatchDog Lawsuits Used as Decoys to Pacify the Public Glare
Ocwen is propped up financially by New Residential Investment Corp. (NRI) which had swept in Phoenix-like in the wake of the April,...
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1.9KCan We Get a P-Wease for a Two Count Remand Against Ocwen for Breach of Contract?
It appears that the Fifth Circuit Court of Appeals has a New Years Resolution in relation to review of foreclosure cases by...
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1.7KSupreme Court of Florida Decides Homeowner is Entitled to Attorney Fees in Foreclosure Case
Because our case law is clear that a voluntary dismissal of an appeal renders the opposing party the prevailing party for the...
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1.4KWe’ll Protect Attorney Immunity no Matter What Negligence Prevailed says Fifth Circuit
Schiff Hardin’s conduct falls squarely within the scope of the firm’s representation of its client. This court is not bound to accept...
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1.4KEditors Choice: Is Foreclosure Debt Collection? The US Supreme Court to Decide if FDCPA Applies to Foreclosure Mills and Bounty Hunting Attorneys
Were the Supreme Court to want to include attorneys effecting nonjudicial foreclosures under the FDCPA’s definition of debt collectors, it might find...
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1.5KDissenting Justice Alito of the US Supreme Court for the Fifth Circuit and the FDCPA.
FDCPA This case presents the question whether the bona fide error defense in applies to a violation resulting from a debt collector's...
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1.3K1From a Disgraced Politician to Lobbyist : The Tale of Former Rep. Blake Farenthold
We note Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000 in funds paid to settle the lawsuit brought against...
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1.5KThe Fifth Circuit’s Carol: Have Yourself a Merry Little Christmas
Carol Paselk sued the defendants for foreclosing on her residential property. Representative Farenthold publicly promised to reimburse the U.S. Treasury for $84,000...
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1.6KA Hedge Fund Makes Billions Off Americans’ Underwater Mortgages
Fortunes were made on Wall Street betting against sketchy mortgages before the housing bust a decade ago. In its aftermath, one firm...
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1.7KThe Kansas Shuffle by Deutsche Bank, an early opinion by NY Judge Schack in the Mortgage Robosigning Scandal
A Kansas City Shuffle is when everybody looks right, you go left .. . It's not something people hear about. Falls on...
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1.5KOneWest Bank paid 24 percent of the Loan Book Value to purchase Mortgage Servicing rights of IndyMac after 2008 Bank failure
After IndyMac collapsed in 2008, the receiver/conservator from the FDIC negotiated a sweet deal for Steve Mnuchin to purchase the loan book...
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2.1KNationstar (Texas) is another Mortgage Servicer who Bought Loans after the 2008 Crash Rebrands to Mr Blooper, no Mr Cooper
According to the CFPB, Nationstar’s $1.75 million fine is the largest HMDA civil penalty ever imposed by the CFPB. The size of...
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1.6KMetLife Home Loans LLC is another Lender Based in the Foreclosure Mill Zone of Irving, Texas with a Felonious History
MetLife Home Loans LLC, Successor to MetLife Bank N.A., to Pay $123.5 Million to Resolve Alleged Federal Housing Administration Mortgage Lending Violations
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1.8KColonial Savings Couldn’t care Sweet FA about Maintaining Flood Insurance for Home Loans
The image above shows that Colonial Savings FA, bought Mortgage Servicing rights from loans after the financial collapse in 2008. It paid...
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1.7KStanding Up for Magistrate Judge Smith, ehem… Mr. Nesbitt
A Good Man, an Honest Man: Stephen W. Smith, Magistrate Judge, Houston, Texas Federal Court, Southern District authored this article: Stanford Law...
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1.8KEditors Choice: From the Trenches, a Lawyers Opinion
WE must take responsibility for our economy and become, first more educated, and secondly, more opinioned clients of financial providers as opposed...
