The Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where Material Issues Of Fact Exist: Florida Appeals Court

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 · A Florida court case a few years back involving an alleged sale leaseback foreclosure rescue scam serves as a reminder of the type of difficulty screwed-over homeowners face in any foreclosure-related litigation when attempting to assert their rights, only to have a trial judge dispose of their case by summary judgment and without the benefit of an evidentiary hearing.

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Recharacterizing Sale Leasebacks As Equitable Mortgages In Texas. A state appeals court reversed, and the Texas Supreme Court, agreeing with. was intended as a loan, the law should impute the existence of a debt, thereby. as a deed is actually a deed or is in fact a mortgage is a question of fact.

Lona v. Citibank Docket Cal.App. 6th Dist (H036140) 12/21/11TRUSTEES SALES: The court reversed a summary judgment in favor of defendants in an action seeking to set aside a trustee’s sale on the basis that the loan was unconscionable. The court held that summary judgment was improper for two reasons: 1. The homeowner presented sufficient evidence of triable issues of material fact.

 · (This post has been adapted from earlier posts published in April, 2007.) A Florida appellate court ruled that a Miami-area foreclosure rescue operator cannot evict a homeowner who signed away title to her home in a "sale-leaseback-buyback option" arrangement until a determination is made as to who the true owner of the property is and effectively ruling that the Florida Residential.

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This court is constrained under the facts of this case to hold that ATN. of the existence of any right which the person in possession is able to establish" ( Phelan v.. that he actually knew, or ought to have known, the fact in question.. Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner.