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Tag : mortgage meltdown

U is for UCC Article 3 v. Article 9

Bankruptcy Law Overview, Chapter 13, Foreclosure

There’s been such a heated debate about mortgage litigation and the UCC that I thought I would weigh in with my opinion and some insights. The Uniform Commercial Code (“UCC”) are rules designed to govern commercial contracts and land sale agreements such as an individual’s primary residence.  There are two main articles under the UCC […]

R is for Real Party in Interest Rule

Bankruptcy Alphabet, Chapter 13

Federal Rules of Civil Procedure (F.R.C.P.)  §17 governs who may sue or be sued and it is this rule that creates particular problems when loan servicers and other entities file Proofs of Claim in a debtor’s Chapter 13 bankruptcy case. Rule 17 is incorporated into Federal Rules of Bankruptcy Procedure (F.R.B.P.)  §3001, which requires a […]

The Dodd-Frank Act: Too Little Too Late?

Avoid Liens, Chapter 13, Foreclosure, Junior Mortgage, Modifications

 We’re still uncovering the fraud perpetrated by the mortgage meltdown and have yet to deal with the more than 95 million securitized mortgages that have yet to adjust.  We have seen tremendouse changes in the industry as new laws and regulations are changing the way the industry does business. In the January issue of Los […]

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