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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.
Who’s Involved in the Buying and Selling of a Home? Mortgage Masters Group You’re about to close on your next home. Here’s what to expect at a mortgage closing, who will be in attendance, what documents you need to have and how to prepare for closing.10 Reasons You Should Not Move to Florida – From Floridians Who Know! By dearest aliens (the real extraterrestrials, not the so-minted undocumented humans in the USA): You might want to rethink landing in Florida. should make sure they were properly framed, otherwise.
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.