All we have is hope

21 May

Cause of Action Under CCC § 2923.6 – There is no private
right of action under Section 2923.6, and it does not operate
substantively.  Mabry v. Superior Court, 185 Cal. App. 4th 208,
222-223 (2010).  “Section 2923.6 merely expresses the hope that
lenders will offer loan modifications on certain terms.”

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2 Responses to “All we have is hope”

  1. John May 21, 2011 at 7:26 pm #

    There is a presumption as to who the lender is and what rights it has to foreclose especially if a Note has been securitized.

    There is no hope for the Lender who offers a modification and has no rights to do so.

    Forensic Mortgage Audits and Foreclosure Defense
    Quiet Title Actions
    oliver@ipa.net
    john

  2. MARIO KENNY May 22, 2011 at 4:37 am #

    Then can you use the FDCPA then to get the private action?

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