Case Law: The Helping Families Save Their Home Act Of 2009

Improved Essays
Case in point, The Helping Families Save Their Home Act of 2009 states that if there is no assignment filed, the lack of assignment makes the lien unenforceable and it loses its priority. Making our claims for prescriptive title just and valid. Our claim on our home is the only one without defects. This state 's statute was not addressed by the federal court, and because our state claims were pending before the dismissal of Bennett I, we can still have our state claims heard in state court, rendering the Defendant 's claims of res judicita null.
Wrongful Removal We the Plaintiffs did, not file any amended pleadings or causes of actions claiming TILA. The Defendants did not file our motion with their removal. They claimed the motion
…show more content…
The Defendants stated that they determined our reply to their motion for summary judgment as an amended complaint.
4. Defendants have not issued any proof of purchase or loss of the debt they claim we owe them. The loan in question was a table funded loan so it was made on a promise, not a payment. They have not lost or risked anything, yet the Plaintiffs have lost much. The Defendants have a long history of giving incentives to illegally foreclose on properties belonging to their customers. iSee Sealy Davis v Ocwen 2005.1 More recently, the CFPB had Ocwen pay out 2 billion for the same type of business practices noted in Davis v Ocwen. Ocwen, not only takes advantage of their customers they apparently are ok with doing it with their business associates as well.2 With that said, we were not trying to get a free home. Ocwen has built their business from free homes & their comment about our motives are a projection of what they have done & continue to do. The Supreme Court 's Ruling was based strictly on the wording of TILA Section 1635 and stated that there is nothing indicating that a TILA Rescission should be treated like a common law rescission and 1635 b supports and confirms this
…show more content…
Which is why Ocwen never gave us a straight answer as to who holds this responsibility or who holds our note.
FCRA
Our claim arising under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s was not added to the amended complaint because as Pro Se litigants, we learn as we go. We learned of the violations after we amended our complaint. Our ignorance should not give Ocwen 's illegal business practices a pass. The fact of the matter is the FCRA violation is something else the Defendants are abusing and using it in a way it is not intended. They are purposely causing damage to our credit. By doing so, they are attempting to keep us from being able to secure credit to tender our loan. This is the very definition of unconscionable! As homeowners with children the stress this has placed on our whole family on a daily basis is unimaginable, and they should be held accountable. Pursuant to FCRA Section 623 we are due $1,000 per occurrence and Ocwen has been violating this law since August of 2013. That is 30 violations which mean they owe us $30,000 alone for just the violations of FCRA, without including the defamation or slander causes of

Related Documents

  • Improved Essays

    Ultratra Vires Case Study

    • 806 Words
    • 4 Pages

    They do not have any legal effect so as to cause any adversity to innocent persons who are not aware with the ability of the company to enter into such contract. The observation made by the court in the landmark case of Ashbury Railway Carriage & Iron Co. V Riche , laid down that an ultra vires contract is void- ab-initio which cannot turn into intra vires by any reason of estoppels, lapse of time, delay or acquiescence. The inability of the company to make any contract has sometimes caused great injustice and hardships to the people who had no knowledge of such incapacity of the company. In the case of Beauforte (Jon) London, Ltd. Re : Jon Beauforte Ltd., company, by its memorandum of association was authorized to practice the business of costumes, gown, robe, dress and mantle makers, tailors and other activities of similar nature. But later on the directors of the company decided to practice on the business of manufacturing veneered panels, which was clearly ultra vires the objective clause of the company.…

    • 806 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The COA decided for the appellant. The reasoning upheld from the fact that there might have a mutuality of obligation but they certainly would not compel the conclusion that it was a contract of employment. There was no contract of service as employer was under no obligation to pay the employee as Nadine negotiated her own payment from her clients. Taking economic risk may also constitute the contract invalid. The ET also entitled to conclude that there was no relationship between employer and employee.…

    • 1192 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Another reason that made it an enforceable contract is, under the rule of Termination of Offer: Ahmad can revoke the contract at any time before an acceptance is made but it should be noted that the revocation must be directly/indirectly communicated. However Ahmad did not inform about the revocation of the contract with Naiker and had readily sold the item to Janice. Ahmad did not revoke the contract. He just assumed that Naiker was not interested in the piano as he did not receive any response from Naiker in…

    • 1356 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Alternatively, Caldwell contends that review of this sufficiency claim is proper because Caldwell’s trial counsel was ineffective for failing to challenge the sufficiency of the evidence before the trial court. We hold that this issue is not preserved and we decline to consider whether there was sufficient evidence to convict Caldwell of conspiracy to burglarize the Alkaline Water Company. The scope of appellate review is articulated in Md. Rule 8-131(a) and provides that “[o]rdinarily, the appellate court will not decide any other issue unless it plainly appears by the record to have been raised in or decided by the trial court . .…

    • 1873 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    If you start ethical decision-making that you are not required to by the contract you initiate you have the potential to be sued and you have no protection as you are going against your own contract and the other party would have the arguments that portion of the contract became void after your ethical decision-making. I believe the company should not from a legal standpoint have any part and ethical…

    • 572 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Charter Bank Case

    • 1773 Words
    • 8 Pages

    The Mahaffey’s signed a promissory note with Mortgage Finance Corporation. After the job was completed, Five Star failed to complete certain parts of the agreement; because of the defects the Mahaffey’s refused to make the payments due on the note. Mortgage finance instituted foreclosure proceedings to collect the money owed. The Federal Trade Commission rule can possibly protect the Mahaffey’s because the rule prevents separating the consumer’s duty to pay the credit and the seller’s duty to perform. However, the Mahaffey’s have to pay the note regardless and shouldn’t stop paying it.…

    • 1773 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Sarah explains her opinion of Gutierrez in Serial, stating she screwed-up, there was no strategy in not using Asia’s alibi whatsoever. It’s so simple the evidence of the library equals innocences or at least it should of. Reasons being Adnan had no real alibi of his whereabouts after school, that’s what put him into jail. One simple alibi could of change Adnan’s outcome in a whole new…

    • 1036 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Lastly, it lacks guidelines as there is no criteria that judges need to follow apart from the fact it avoids an absurd result. What the law commission report had to say about the golden rule is that it sets a ‘purely negative standard, by reference to absurdity, inconsistency, or inconvenience, but provides no clear means to test the existence of these characteristics or to measure their quality or extent’. This means we are looking at the failing of parliament where they would have got the wording…

    • 964 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    EDAD 524: Legal Case Study

    • 1355 Words
    • 5 Pages

    The university breached the contract because there was no language that would have made Robert know he was in danger of being dismissed from the program. Robert claims he was denied procedural and substantive due process in the decision made by the university. In addressing procedural due process there are two questions that must be answered before moving forward; did the law or policy interfere with a protected interest? And what is the process…

    • 1355 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    According to the case, there was no evidence to prove that Rich’s and Wachovia acted in concert with each other or with any other person or entity to accomplish an unlawful end or a lawful end by unlawful means. “The underlying tort of conversion is absent, and thus there can be no liability for conspiracy” (www.law.justia.com). Reasoning 1. Review of case shows that it was no evidence to show that there was any conspiracy to the check being mailed to the wrong address. 2. The person that the check was for never received it.…

    • 958 Words
    • 4 Pages
    Great Essays