Both the United States and Minnesota Supreme Courts have, in recent decisions, surprised the legal community by requiring a special incantation of magic words when more general verbiage (or silence) should have sufficed. SCOTUS deemed silence itself insufficient to invoke the 5th amendment right and instead required an incantation of the right to remain silent. In Marine Credit Union…
Continue ReadingIn a 122-page complaint, Thrivent Financial for Lutherans has gone to town on Countrywide Financial Corp., BAC Home Loans Servicing, L.P., GMAC Mortgage LLC, and and their affiliates, alleging all sorts of fraud.
Continue ReadingOn Sunday, The New York Times reported that mortgage servicers are getting lenders in trouble with the law. In this case, the “law” is a federal bankruptcy judge, who came down hard on lenders for errors in calculating the amounts due under mortgage loans. In at least one case, a borrower who had come out…
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