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

Choice Home Loans 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 The Foreclosure Report: ‘Unendurable Strain’ From ARM Resets So when the Goldrick family’s adjustable rate mortgage reset while husband Patrick was off work for a job-related injury, it eliminated the thin margin between their income and the mortgage payment.The Home Equity.

If the eviction proceeding was brought in a court of limited jurisdiction, said court would not have had jurisdiction to hear cases where title to property is an issue (ie. recharacterizing a sale leaseback as an equitable mortgage and thereby establishing the homeowner victimized by the predatory deal as the true owner of the property (and the foreclosure rescue operator as a mere mortgagee), as well as TILA and usury claims.

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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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