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Reaffirmation on Mortgages
Remember, though, that Cal.Civ.C. 1500 and 1501 requires the opening of a separate segregated account into which payments are deposited pending resolution of a dispute. It is similar to a cash collateral account under 363 in regards to a separate segregated account for a specific purpose.
Lou Esbin
>
> Bank of America tired this on one of my clients, and then filed a MRS. I
> didn't know what I was doing, but I was mad, and filed a response, arguing,
> Abuse of Process, attempting to induce an artificial default, Unclean hands,
> Failure of Good Faith and Fair Dealing.
>
> So when we got to court, opposing counsel agreed to dismiss.
>
> It was about that time Lou Esbin brought to everyone's attention Civil Code
> 1500 & 1501. (Not sure how that works procedurally, but it is a defense).
>
>
> >
> I don't know, but maybe they are doing this to churn fees for the suspense
> account.
>
>
> --
> Marvin Mann
> 2706 Artesia Blvd A
> Redondo Beach, CA 90278
>
The post was migrated from Yahoo.
Bank of America tired this on one of my clients, and then filed a MRS. I
didn't know what I was doing, but I was mad, and filed a response, arguing,
Abuse of Process, attempting to induce an artificial default, Unclean hands,
Failure of Good Faith and Fair Dealing.
So when we got to court, opposing counsel agreed to dismiss.
It was about that time Lou Esbin brought to everyone's attention Civil Code
1500 & 1501. (Not sure how that works procedurally, but it is a defense).
>
I don't know, but maybe they are doing this to churn fees for the suspense
account.
Marvin Mann
2706 Artesia Blvd A
Redondo Beach, CA 90278
Bank of America tired this on one of my clients, and then filed a MRS. I didn't know what I was doing, but I was mad, and filed a response, arguing, Abuse of Process, attempting to induce an artificial default, Unclean hands, Failure of Good Faith and Fair Dealing.
So when we got to court, opposing counsel agreed to dismiss.It was about that time Lou Esbin brought to everyone's attention Civil Code 1500 & 1501. (Not sure how that works procedurally, but it is a defense).
The post was migrated from Yahoo.
I know an attorney who represents CNB and he advised that he was taking a position consistent with David's account. Perhaps it is the same case.
Sent via BlackBerry by AT&T
Date: Thu, 31 Dec 2009 09:49:22
To:
Subject: [cdcbaa] Reaffirmation on Mortgages
I was advised by a non-member attorney of our group that City National, the holder of a home equity line refused to accept monthly payments even though the account is current because the debtor did not sign a reaffirmation agreement..It is threatening to foreclose on the property. The first deed of trust has zero equity. Has anyone encountered this with City National or any other lender?
David J. Follin, Esq.
Law Offices of David Joel Follin
950 County Sqaure Dr. Ste. 202
Ventura, CA 93003
Ph: 805-658-8691 Fax:805-642-4948
The post was migrated from Yahoo.
charset="windows-1251"
I think that a proposed foreclosure would be halted by any LASC action.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
David Follin
Sent: Thursday, December 31, 2009 9:49 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Reaffirmation on Mortgages
I was advised by a non-member attorney of our group that City National, the
holder of a home equity line refused to accept monthly payments even though
the account is current because the debtor did not sign a reaffirmation
agreement..It is threatening to foreclose on the property. The first deed of
trust has zero equity. Has anyone encountered this with City National or any
other lender?
David J. Follin, Esq.
Law Offices of David Joel Follin
950 County Sqaure Dr. Ste. 202
Ventura, CA 93003
Ph: 805-658-8691 Fax:805-642-4948
charset="windows-1251"
Message
I think that a proposed
foreclosure would be halted by any LASC action.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I was advised by a non-member attorney of our group that City National, the holder of a home equity line refused to accept monthly payments even though the account is current because the debtor did not sign a reaffirmation agreement..It is threatening to foreclose on the property. The first deed of trust has zero equity. Has anyone encountered this with City National or any other lender?
David J. Follin, Esq.
Law Offices of David Joel Follin
950 County Sqaure Dr. Ste. 202
Ventura, CA 93003
Ph: 805-658-8691 Fax:805-642-4948
The post was migrated from Yahoo.