Category: AMGAR

Are Lawyers Missing the Boat Again on Foreclosure Defense?

June 12, 2020

The problem is that while most people think everyone has been bought off, and to a certain extent that is true, the real problem is that the clever plan of securitization is so counter-intuitive that nobody believes the truth that is in plain sight. The reason for fabricated documents is that there were no transactions, so the documents had to be fabricated to fit facially with the requirements of law for administration, collection and enforcement. To anyone who is not conversant in the language of finance, that seems impossible, unlikely, or just plain wrong. So rather than keeping an open

Questions to Ask About the Trust and the Trustee

June 12, 2018

In the final analysis you are looking for evidence of absence of any real events currently presumed as facts in any foreclosure case. TO HAVE US DRAFT YOUR DISCOVERY COMPLETE THE REGISTRATION FORM and email us at info@lendinglies.com with your request. TO GET OUR FORENSIC REPORT, CLICK THE LINK 954-451-1230 or 202-838-6345. Ask for a CONSULT. REGISTRATION FORM: You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A

Homeowners Sue SPS in Class Action Over Failure to Mitigate

May 25, 2018

Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the vast majority of their income comes from undisclosed third parties (the TBTF Banks). TBTF Banks (BofA, Chase, Wells Fargo, Citi, etc.) do not want settlements or modifications or anything that will make the loan start performing. Subservicers like SPS and Ocwen are used as conduits to other

The Role of Dynamic Dark Pools in Ponzi Schemes Masquerading as Securitized Loan Pools

May 17, 2018

The bottom line is that there are no financial transactions in today’s securitization schemes. There is only fabricated paper. If you don’t understand the DDP, you don’t understand “securitization fail,” a term coined by Adam Levitin. GET A CONSULT GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report and Analysis.” I personally review each of them for edits and comments before they are released. Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on

Message to Homeowners Who Have Won Their Cases — Your Demands are Too Low

November 20, 2017

SETTLEMENT NEGOTIATIONS: WHEN THE HOMEOWNER WINS IN LITIGATION, in every case the banks pay amazing amounts of money to the homeowner (and their lawyer) in order to get agreement on sweeping the case under the rug. Homeowners and their lawyers must realize that the settlement value of their case may be worth 1000 times the judgment value of the case. This asymmetry in settlement negotiations escapes most but not all winning homeowners. It gets especially urgent when the banks made the wrong decision and appealed an unfavorable decision only to find that they not only lost one case, but many

Statutory Requirements for Enforcement of Note or Mortgage

March 19, 2015

For further information please call 954-495-9867 or 520-405-1688 ==================== So many people sent me this short white paper that I don’t know who to thank or even who wrote it. Any help would be appreciated so I can edit this article and give attribution to the writer. The only thing that I would caution is that eventually, perhaps sometime soon, the importance of the Assignment and Assumption Agreement will rise in importance as to these enforcement actions based upon a fictitious closing, debt, note and mortgage. The A&A is an agreement between the “originator” and some other “aggregator conduit”. The

BAP Panel Raises the Stakes Against Deutsch et al — Secured Status May be Challenged

November 26, 2014

Fur Further Information please call 954-495-9867 or 520-405-1688 ——————————– ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED ——————————– I have long held and advocated three points: The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same false claims could never be proven in judicial process. Nonjudicial process was meant as an administrative remedy to foreclosures that were NOT in dispute. Any application of nonjudicial schemes that allows false claims to succeed where they would fail in a judicial action is unconstitutional.

SPS and the Chase Servicer Shell Game

November 10, 2014

For further information please call 954-495-9867 or 520 405-1688 —————————————- Many Judges have expressed their concern about the constant movement of servicers and trustees. They are asking why the servicer keeps changing and why the trustees are changing. And now they are asking for legal argument why the substitution of the only named Plaintiff is not an amendment to the Complaint which must specifically allege facts in support of the claim of the “new Plaintiff.” This is a result of the multifaceted fraudulent scheme where claims of securitization are unfounded and claims of debt are fictitious — in derogation of

Foreclosure News in Review

October 10, 2014

For more information, services and products please call 954-495-9867 or 520-405-1688. CLICK ON LINKS FOR FULL STORY PRETENDER MENDERS: GOVERNMENT IGNORES THE ELEPHANT IN THE LIVING ROOM — DOW HEADED FOR 8,000? Starting with the Clinton and Bush administration and continued by the Obama administration (see below), the public, the media, the financial analysts, economists and regulators are uniformly ignoring the obvious pointed out originally by Roubini, myself and many others (Simon Johnson, Yves Smith et al). We are pretending the fix the economy, not actually doing it. The fundamental weakness of world economies is that the banks caused a

Who Are the Creditors?

October 6, 2014

For litigation support (to attorneys only) and expert witness consultation, referrals to attorneys please call 954-495-9867 or 520 405-1688. Since the distributions are made to the alleged trust beneficiaries by the alleged servicers, it is clear that both the conduct and the documents establish the investors as the creditors. The payments are not made into a trust account and the Trustee is neither the payor of the distributions nor is the Trustee in any way authorized or accountable for the distributions. The trust is merely a temporary conduit with no business purpose other than the purchase or origination of loans.

The Devil is in the Details — The Mortgage Cannot Be Enforced, Even If the Note Can Be Enforced

September 30, 2014

Cashmere v Department of Revenue For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone.

Powers of Attorney — New Documents Magically Appear

September 29, 2014

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone. ———————————— BONY/Mellon is among those

Levitin and Yves Smith – TRUST=EMPTY PAPER BAG

September 26, 2014

Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it “securitization fail.” Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the “assignments,” transfers, and endorsements of the fabricated paper from illegal closings were worthless, fraudulent and caused incomprehensible damage to everyone except the perpetrators of the crime. They call it “infinite rehypothecation” on Wall Street. That makes it seem infinitely complex. Call it what you want, it

When an assignment of a mortgage is invalid, does it require a foreclosure case to be dismissed?

September 23, 2014

A Foreclosure Judgment and Sale is a Forced Assignment Against the Interests of Investors and For the Interests of the Bank Intermediaries

September 15, 2014

Securitization for Lawyers: Conflicts between reality, the documents and the concept.

September 10, 2014

Giunta Prevails on Wells Fargo Motion to Dismiss — Federal Court

September 9, 2014

Maine Moving toward the Truth About the Mortgages, MERS and Foreclosures

September 5, 2014

submitted by anonymous reader: Article by Elena A. Lovoy and D. Brian O’Dell Bradley Arant Boult Cummings LLP The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a lender can establish standing when it holds an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. (“MERS”) to the amount a borrower must pay to cure a default. If you originate and/or service RESIDENTIAL MORTGAGE LOANS in this state, you may want to review these recent cases. This

Securitization for Lawyers: How it was Written by Wall Street Banks

September 3, 2014

Securitization for Lawyers

September 2, 2014

Holder in Due Course and Due Process

August 29, 2014

The first thing I want to do is add to my previous comments. I believe there is an implicit admission of failure of consideration in any case where a holder in due course is not identified. In addition, where a REMIC trust not alleged or asserted to be a holder in due course it means by definition that they did not purchase the loan for value in good faith without knowledge of the defense of the “borrower” (maker of the note). I believe that what this means is that any court that enters an order or judgment against the

Pretender Mender: Foreclosure Crisis Continues to Rise Despite Obama Team Reports

August 27, 2014

Despite various “reports” from the Obama Administration and writers in the fields of real estate, mortgages and finance, the crisis is still looming as the main drag on the economy. Besides the fact that complete strangers are “getting the house” after multiple payments were received negating any claim of default, it is difficult to obtain financing for a new purchase for the millions of families who have been victims of the mortgage PONZI scheme. In addition, people are finding out that these intermediaries who received an improper stamp of approval from the courts are now pursuing deficiency judgments against people

The Art of Objections at Trial: A Success Story

August 22, 2014

"Teaser" Payments: Trick or Treat?

August 19, 2014