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 Home Equity Theft Reporter: Undoing A Sale Leaseback Foreclosure Rescue Ripoff: Screwed-Over Homeowner Entitled To Evidentiary Hearing Where.
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The following cases have been compiled here as an attempt to understand how differing states view the relationship between: (1) a plaintiff in a lawsuit lacking standing to bring the action, and (2) the court in which such a lawsuit is filed lacking subject matter jurisdiction to entertain the suit by reviewing the comments of the various courts in some relatively recent decisions.
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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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 In Florida, foreclosures are judicial, which means the lender must file a lawsuit in state court. . Florida law already provided for a procedure designed to speed up the foreclosure process in.
A sale leaseback equity stripping, foreclosure rescue scheme was at the center of a 2013 case addressed by an Illinois appeals court in Hatchett v.