Category: Motion Practice and Discovery

TRID may be another easy win for Homeowners

May 5, 2022

since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. TILA-RESPA integrated disclosures (TRID) is a series of guidelines that dictate what information mortgage lenders need to provide to borrowers and when they must provide it. TRID rules also regulate what fees lenders can charge and how these fees can change as the mortgage matures. But

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence

December 28, 2021

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party witnesses.” The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation has a very broad meaning and (B) the refusal to produce documents that are relevant to the case at Bar raises an inference in favor of the homeowner, and might even give rise to a cause of action for damages. Foreclosure lawyers have long relied

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You

October 7, 2020

There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of approaching evidence. It creates conclusions of facts based upon common knowledge or legislative intent regardless of the truth of the matter. If the opposing party wants a different conclusion the opposing party must seek to rebut the presumption. Rebutting the presumption is accomplished in only

PennyMac and Other Companies are Making False Claims as "Servicers": Black Knight, the king of fabricated documents is behind 62% of all "servicing records."

June 10, 2020

The bottom line is that companies claiming to be servicers are not servicers although they perform some servicing functions as “clients” of Black Knight. This provides a veil of plausible deniability for lying in court about testimony and documents. Hiding behind litigation immunity foreclosures are being pursued and granted resulting in windfall payments to intermediaries who never had any stake in the financial stake of any homeowner transaction. Examination of the facts shows that the “boarding process” is nonsense i.e., a lie). “New Servicers” simply log on to the Black Knight system. There is no boarding required. It is a

Goldman Sachs Fined $5 Billion for Violations Dating Back to 2008

April 12, 2016

…should anyone who owns a home that is subject to claims of securitization of their mortgage be at risk of losing their property? …the government should stop the arrogant policy of letting most of the burden fall onto middle class property owners. For a description of our services click here: https://wordpress.com/post/livinglies.wordpress.com/32498 So we have another “settlement” with one of the major players in the greatest economic crime in human history. But the cover-up of the actual transgressions emanating from corruption on Wall Street continues. Government investigators should have had a press conference in which they clearly stated the nature of

The Logic of Wall Street "Securitization:" The transaction that never existed

August 14, 2014

For more information on foreclosure offense and 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. The logic of Wall Street schemes is simple: Create

3,900,000 Visits and Moving Faster. OUR 3RD ANNIVERSARY — THANK YOU!!

October 3, 2010

SUBSCRIBE TO LIVINGLIES MEMBERSHIP FOR DISCOUNTED SERVICES, NEWSLETTER AND FREE TELECONFERENCES Livinglies fulfills its commitment to becoming the #1 internet resource in foreclosure defense and offense (claims for damages for wrongful foreclosure or improper lending practices). DON’T ASSUME YOUR LOAN IS IN DEFAULT — IT PROBABLY ISN’T EVEN IF YOU DIDN’T MAKE A PAYMENT! DON’T ASSUME YOU OWE THE MONEY! DON’T ASSUME YOU ARE UNDERWATER — YOU HAVE CLAIMS THAT MAY MORE THAN OFFSET THE LOSS! DON’T ASSUME YOU HAVE A MORTGAGE — YOU MAY HAVE A DEBT BUT IT PROBABLY IS UNSECURED! DON’T ASSUME THAT YOU DID SOMETHING WRONG!

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right

July 18, 2010

GREAT POST BY MATT WEIDNER even if the instant motion was timely, the explanations offered by plaintiff’s counsel, in his affirmation in support of the instant motion and various documents attached to exhibit F of the instant motion, attempting to cure the four defects explained by the Court in the prior May 2, 2008 decision and order, are so incredible, outrageous, ludicrous and disingenuous that they should have been authored by the late Rod Serling, creator of the famous science-fiction televison series, The Twilight Zone. Plaintiff’s counsel, Steven J. Baum, P.C., appears to be operating in a parallel mortgage universe,

Fla. Supremes Order Bar to Prosecute UPL Against Banks

June 14, 2010

Administrative Law is one of those areas that interest only academics like me. It isn’t sexy but it carries BIG teeth. Sometimes it is easier to crack the shell of the titans by an unexpected move where you win hands down and there isn’t much work to do. It’s kind of like taking down AL Capone for income tax evasion. They didn’t get him on the other crimes but he went to jail and died there. When I was active in the practice of law, I defended many different types of individuals who were licensed by a regulatory board, including

Finally, Borrowers Score Points

June 13, 2010

“The court certainly agrees that ‘mistakes happen,’ ” Judge Bohm wrote. “However, when mistakes happen not once, not twice, but repeatedly, and when actions are not taken to correct these mistakes within a reasonable period of time, the failure to right the wrong — particularly when the basis for the problem is a months-long violation of an agreed judgment — the excuse of ‘mistakes happen’ has no credence.” Judge Bohm also punted Wells’s claim that its problems with the couple were anomalies. He cited three other federal cases — one in Florida and two in Louisiana — in which Wells improperly

More Investors Are Suing Chase: Cheer them on!

June 12, 2010

Submitted by Beth Findsen, Esq. in Scottsdale, Az Investors-suing-Chase-includes-list-of-mortgage-backed-securities-various-originators-like-New-Century-WAMU-Wells-Fargo-ResMae-Greenpoint-Coun One of the many things I find interesting in this lawsuit is that FINALLY the pretender lenders are at least being referred to as originators and not banks, lenders or any of the other things that had most people believing. Here too investors sue the rating agencies, Moody’s, S&P, Fitch paving the way for borrowers to make virtually the same allegations against the appraisers and the pretender lender who hired the appraiser. The only thing left for the investors is to realize that the only way they are actually going to

Re-Orienting the Parties to Clarify Who is the Real Plaintiff

June 11, 2010

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff and file a lawsuit against you which you have an opportunity to defend. A Judge who refuses to see that procedural point is in my opinion committing clear reversible error. If the would-be forecloser could not establish standing and/or could not prove their case in

CALIF ATTY GENERAL BROWN Goes After Bait and Switch Refi Fraudsters

June 11, 2010

Submitted by Abby: MORE FRAUDSTERS CAUGHT BY CALIF ATTY GENERAL BROWN!!! News Release June 09, 2010 For Immediate Release Contact: (510) 622-4500 Contact: Christine Gasparac or Evan Westrup, (510) 622-4500 Christine.Gasparac@doj.ca.gov or Evan.Westrup@doj.ca.gov Print Version Three More Suspects Nabbed in Million-Dollar Bait-and-Switch Home Refinance Scam LOS ANGELES – In a continuing probe into a defunct Southern California mortgage brokerage, Attorney General Edmund G. Brown Jr. today announced the arrests of president and co-owner Sean McConville and two associates who used “deceptive promises and forged documents” to steal almost $1 million from homeowners falsely guaranteed attractive home loan refinancing packages. “These

AFTER THE SALE: PART III On the Courthouse Steps

June 10, 2010

Submitted by Charles Koppa The auctioneer represents the “beneficiary” in the sale.. If there is a “reserve amount minimum” (see below) the auctioneer actually bids up as agent for the unnamed beneficiary! The recipient “beneficial trust” is finally publically identified and documented by the Foreclosing Trustee in the recorded Trustees Deed Upon Sale. Try to find a human officer for that trust! Beneficiary makes no personal bid, delivers no cash, and is allowed a credit bid! PROBLEM: a beneficiary (if known) would be a “party in interest” and could not be a bonafide buyer. An est. 80% of the Courthouse sales go “Back to Beneficiary”

NY Appeals: AG may pursue Banks for Fraudulent Appraisal

June 10, 2010

Editor’s note: I think the standards used here apply to ALL private actions for appraisal fraud. With appraisal fraud proven, virtually all lending statutes are proven to have been violated. Appraisal fraud lies at the root of the mortgage mess with its sister, ratings fraud. Both are appraisals and both are ratings. Both were designed to track people into doing what they otherwise would never have done if they had the right information. If the either the investor to advanced the money or the borrower who took it knew that the appraisal was bogus and that there was going to

AFTER THE SALE: PART II

June 9, 2010

Submitted by VivianJ 2010/06/08 at 6:55 pm Finally got on the list. A servicer, (not on the deed of trust) tried to execute a power of sale. Thanks Neil for your wonderful posts. I’ve been reading for months. I showed up. Spoke to the ‘appointed’ trustee. Said, according to your appointment you have the Deed and the Note? She said, “I don’t want to talk to you.”. I told her I had a complaint for identity theft and consumer protection in a real estate transaction with the Attorney General. She gives me the law firm she’s helping (in another city)

AFTER THE SALE: PART I

June 9, 2010

Submitted by Charles Koppa. 6/9/2010 Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things: CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount due” which as we have seen from the FTC action against BOA is incorrectly stated) then the procedure has been violated, the sale has not legally occurred. At least that is my interpretation. Also the submission of a credit bid locks in the position of

JP Morgan: 8 people, 18,000 signed affidavits per month

June 8, 2010

The bottom line is that none of these signors of affidavits have ANY personal knowledge regarding any document, event, or transaction relating to any of the loans they are “processing.” It’s all a lie. In a 35 hour workweek, 18,000 affidavits per month computes as 74.23 affidavits per JPM signor per hour and 1.23 per minute. Try that. See if you can review a file, verify the accounting, execute the affidavit and get it notarized in one minute. It isn’t possible. It can only be done with a system that incorporates automation, fabrication and forgery. Editor’s Note: Besides the entertaining

Bank of America to Pay $108 Million in Countrywide Case

June 8, 2010

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY FTC v Countrywide Home Loans Incand BAC Home Loans ServicingConsent Judgment Order 20100607 Editor’s Comment: This “tip of the iceberg” is important for a number of reasons. You should be alerted to the fact that this was an industry-wide practice. The fees tacked on illegally during delinquency or foreclosure make the notice of default, notice of sale, foreclosure all predicated upon fatally defective information. It also shows one of the many ways the investors in MBS are being routinely ripped off, penny by penny, so that there “investment” is reduced to

Conservative NC Court of App: Power of Sale is Not Favored Under the Law

June 7, 2010

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented to the trial court was not sufficient to establish that the Note was payable to Deutsche Bank for Soundview, and so was not sufficient to support the trial court’s finding of fact that “Novastar Mortgage, Inc., . . . transferred and assigned its interest in

Utah Judge Stops All Foreclosures by BofA, Reconstrust, Home Loan Services et al

June 7, 2010

6 05 10Injunction-Stopping-ALL-Foreclosure-Proceedings-by-Bank-of-America-Rec-on-Trust-Home-Loan-Servicing-Et-Al1 Bombshell – Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing et al Today, June 06, 2010, 2 hours ago | Foreclosure Fraud (St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in St. George, Utah has stopped all foreclosure proceedings in the State of Utah by Bank of America Corporation, ; Recontrust Company, N.A; Home Loans Servicing, LP; Bank of America, FSB; www.envisionlawfirm.com. The Court Order if allowed to become permanent will force Bank of America and

Excellent Motion for Fraud on Court

June 5, 2010

motion for fraud on court Matis Abravanel by Matis H. Abravanel, Esq. Some short background information on this pleading, it’s an emergency motion to cancel a final sale based upon Fraud on the Court. This client came to us a month before his final sale date, and already had a default and a final summary judgment entered against him. Besides non-compliance with the pooling and servicing agreement, we uncovered notary fraud (see paragraphs 1-4 and attached exhibits) and a fraudulent assignment and endorsement of a note that was dated in January of 2006, to U.S. Bank National Association, as successor Trustee to

In States Requiring Mediation

June 3, 2010

More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing the same game of “who’s my lender.?” Even in Florida, as in all cases, YOU must bring up the the issue of the authroity of the person being offered as a decision-maker.” 99 times out of a hundred they are not. The most they have

Lender Processing Services, Inc. Contact Info

June 3, 2010

In the secured offices (and network operations center) of this entity is the REAL STORY about the fraud being perpetrated upon the U.S. Court system and every post 2001 borrower, whether they are in distress or not. Here is where the system works its charms — from avoiding actual title reports, relying upon much less expensive credit reports, to the fabrication and probable forgery of thousands of documents in hundreds of thousands of foreclosures. In law there is a duty to preserve evidence once party is aware of litigation concerning that evidence. If you are filing a fraud count you

Category: Motion Practice and Discovery

TRID may be another easy win for Homeowners

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You

PennyMac and Other Companies are Making False Claims as "Servicers": Black Knight, the king of fabricated documents is behind 62% of all "servicing records."

Goldman Sachs Fined $5 Billion for Violations Dating Back to 2008

The Logic of Wall Street "Securitization:" The transaction that never existed

3,900,000 Visits and Moving Faster. OUR 3RD ANNIVERSARY — THANK YOU!!

The MERS Mortgage Twilight Zone- Judges Not Afraid to Do What’s Right

Fla. Supremes Order Bar to Prosecute UPL Against Banks

Finally, Borrowers Score Points

Re-Orienting the Parties to Clarify Who is the Real Plaintiff

CALIF ATTY GENERAL BROWN Goes After Bait and Switch Refi Fraudsters

AFTER THE SALE: PART III On the Courthouse Steps

NY Appeals: AG may pursue Banks for Fraudulent Appraisal

AFTER THE SALE: PART II

AFTER THE SALE: PART I

JP Morgan: 8 people, 18,000 signed affidavits per month

Bank of America to Pay $108 Million in Countrywide Case

Conservative NC Court of App: Power of Sale is Not Favored Under the Law

Utah Judge Stops All Foreclosures by BofA, Reconstrust, Home Loan Services et al

Excellent Motion for Fraud on Court

In States Requiring Mediation

Lender Processing Services, Inc. Contact Info

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