Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when …
Applying Common Sense and Law to Assignments of Mortgage Read More »
Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank …
Example of Homeowner Winning in Sarasota Florida Read More »
Lawyers, judges and homeowners are using different terms interchangeably thus muddying up the argument or ruling. An assignment refers to a mortgage whereas an endorsement (“indorsement” in legalese) refers to a note. The rules regarding enforcement of a mortgage are different than the enforcement of a note. Let us help you plan your foreclosure defense …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM THE BRIEFS: “MERS Cannot be and in fact is not the beneficiary of the DOT. There is no named beneficiary in the SOT and ANY and ALL beneficiaries must be named in the SOT. Therefore the SOT (and consequently the NTS) is …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE ALSO game-over-veal-case-vindicates-every-point-reported-on-livinglies EDITOR’S ANALYSIS: This case is corroboration of everything we have been saying — the Banks are making us live their lie. They don’t have the mortgages, the investors don’t want them, and the robosigning is euphemism for fraud, forgery and …
J Shack: GAME OVER — HSBC FORECLOSURE, EVICTION AND LIS PENDENS DISMISSED WITH PREJUDICE Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE USDC CA Central -Sacchi-v-Mers-La-11-Cv11-01658-Ahm-Cwx-w EDITOR’S NOTE: Every time a Court actually looks at the documents, examines the pleadings and exhibits and asks the most basic questions, they rule in favor of the borrower. It’s not out of bias that they ruled as they …
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM SEE ALSO MASSACHUSEETS SUPREME COURT ORAL ARGUMENT EDITOR’S NOTE: The walls are closing in on the pretender lenders. The number of Judges that are insisting on applying the substantive, procedural law and rules and evidence is climbing rapidly. The allegation that the loan was transferred is put in factual …
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S COMMENT: I’d like to see the expression of someone who sits on a Bar grievance committee that meets out discipline to lawyers, when they read this. In any situation, until the mortgage meltdown, if a lawyer signed documents and then presented them as his client’s “evidence” he would …
LAWYER ADMITS SIGNING DOCUMENTS AS OFFICER OF HIS CLIENT Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: WISCONSIN COURT GETS IT: HEARSAY, PROOF, HOLDER NOT THE SAME AS CREDITOR, ETC. AFFIDAVIT THROWN OUT FOR LACK OF PERSONAL KNOWLEDGE. In short everything we have been saying here was followed by the Court. Expect more decisions like this coming from other states. In other words, false …
WISCONSIN APPEALS CT: AURORA IS NOT OWNER OF NOTE — TRIAL COURT REVERSED Read More »
ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S COMMENT: Judge Curley has been wrestling with these issues for more than 2 years. She has heard every argument, seen every memorandum, Expert Declaration (mine) and considered everything else possible. She was led to the inescapable conclusion that BOA’s position was a farce. …
J CURLEY AZ BKR CT: “No Docs To Show Ownership Of Loan Or Standing” Read More »
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary LIVINGLIES BLOG 41737977-Servedio-v-Us-Bank LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL EDITOR’S COMMENT: It all comes down to “black letter law.” None of this is new. It’s just that the pretender lenders thought they could side-step the process by making it LOOK like they were complying with the law. The failure to …
Florida Appellate Courts Are Getting It — and so is everyone else Read More »
Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, …
Judge Bashes Bank in Foreclosure Case: "Criminal Probe in Florida." Read More »
A pattern with Wells Fargo that we have seen is that they make the representation that they are the holder of the note and the investor,which is a blatant lie in most cases. Then AFTER they get the order they want, they admit that through “inadvertence” they misrepresented the facts to the court. Then they …
Pro Se Litigant's Eloquence on MERS Split of Note and Mortgage Read More »
