Editor’s Note: From Home, to Car to Shelter. It’s a common story and a tragedy. But if that is a tragedy then where is the outrage when we add the component that she was probably wrongly dispossessed, that she probably still owns her house and that if she had proper legal representation in a court …
Editor’s Note: Anyone who underestimates the importance of Judge Long’s decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims …
First, you must realize that they are not “Law” with a capital “L”. Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, …
Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that …
Many Thanks to Max Gardner for this contribution: See entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and …
US Bank v Ibanez: Now They Are Getting the Point Read More »
Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No …
TOXIC TITLE: Cloud in Massachusetts: Getting Back Your Home AFTER Foreclosure Sale Read More »
the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to …
Why the SPV (TRUST) is NOT THE LENDER: Using MERS Against the Pretender Lenders Read More »
SEE Entire Article: porter While concentrating on Bankruptcy Court all of her points are instructive in all types of litigation. “From external indicia, the claims process in consumer bankruptcy cases seems like an exemplar of a well-designed legal system that balances the interests of consumers and industry. The claims rules are unambiguous; all parties typically …
October 9, 2009 Editorial Another Kind of Foreclosure Crisis The foreclosure crisis is being made substantially worse by a shortage of lawyers for people whose homes are at risk. According to a new study, an overwhelming number of homeowners who face foreclosure do not have legal help in protecting their rights. As a result, people …
LAWYERS TAKE NOTE — THIS IS YOUR CHANCE –NY Times Editorial hits the nail on the head Read More »
editor’s note: This is part of what we have been talking about. years down the road these bankers are looking to sue borrowers for deficiencies after people recover from the disaster the bankers caused. Also set to explode in a few years are title defects that are incurable resulting from the securitization of loans and incorrect …
THANK YOU TO Deontos: This is regarding “Standing” to obtain “Relief from Stay”. Riegle concluded MERS lacks “standing”. Stay tuned on this ……. It might really wreak havoc on the MERS menace in Nevada. EXCERPTED CASE FILE: UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA * * * * * * In re ) Case No. …
NEVADA BKR JUDGE KNOCKS MERS ON STANDING ON LIFT STAY MOTION Read More »
FROM THE COMMENT SECTION THANK YOU ANDREW): I THINK HE’S GOT IT! There is no getting away from the fact that the lender is the investor and that anyone else whose name was inserted in the documentation did so not only without authority but as an intentional misrepresentation as part of a fraudulent scheme to …
BASIC PROPERTY LAW TRUMPS ESOTERIC PRETENDER LENDER ARGUMENTS Read More »
If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down. See also fraud-on-the-court-reversing-the-tide See also Judge Young: federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan See also modification-fraud-the-latest-game-in-town So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines …
Beating Lawyer Finesse: Is He/She a WITNESS or a Lawyer? Read More »
Thank you Deontos Comment: I always thought TWO for the price of ONE was a GOOD thing. Everybody’s talking about the Kansas Appellate Decision? What about this one from Arkansas’s Supreme Court? Same issues, MERS and “black letter law” …. MERS **Lost** and the Arkansas Supreme Court cited the Landmark v KESLER Kansas Decision. ————————————————————— …
Arkansas Supreme Court Denies MERS Legal Standing Read More »
If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick …
Getting Through to Judges Unfamiliar with Securitization Read More »
Protecting Tenants at Foreclosure Act Public Law FIL-56-2009 September 28, 2009 Summary: On May 20, 2009, President Obama signed the Helping Families Save Their Homes Act of 2009, Public Law 111-22. Included in the public law is the Protecting Tenants at Foreclosure Act (Division A, Title VII), which provides protections for tenants, including tenants in …
FDIC Memo to Banks: Tenants Stay Till End of Lease term Read More »
In order to revive securitization, taxpayers would have to absorb large risk. The social gains would be small, or perhaps even nonexistent. The best thing to do with the shattered Humpty-Dumpty of mortgage securitization would be to toss the broken pieces into the garbage. See Also Securitized Mortgages Are Illegal: Securitization Is ILLEGAL Should Mortgages …
See entire decision here > kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies See also Arkansas Supreme Court stating the same principles and citing to Kansas: arkansas-supreme-court-denies-mers-legal-standing Annotations: See this list of cases cited by pretender lenders: Lender’s Cases mers-getting-the-grilling-it-deserves kansas-s-ct-decision-annotation-2-reversing-default kansas-waking-up-to-discover-the-mortgage-market-was-a-giant-criminal-enterprise What does this decision mean? It means that there are several direct strategic moves that are suggested both by the …
Strategic Implications of the Landmark (Kesler) Kansas Supreme Court Decision Read More »
Thanks to Nye Lavalle for this Submission Editor’s Note: Tacit Procuration Available in Most States. Watch those procedural requirements on reversing foreclosure. The main procedural points are first file to reverse the sale alleging fraud etc. Second, have a court reporter present at any hearing if you need to appeal. In addition whether it is …
Tacit Procuration Available in Georgia and Procedural Pitfalls in Reversing Foreclosures Read More »
Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking …
Kansas Supreme Court Sets Precedent – Key Decision Confirming Livinglies' Strategies Read More »
In November of 2008, AIG answered a request from the SEC that requird them to explain the inner workings of Credit Default Swaps. While they appear to have finessed certain issues, this is the clearest glimpse of how it worked. There are several classes of transactions but each of them involves some “delivery” of the …
AIG Letter on CDS Shows Transfer and Subrogation Read More »
Aoude v. Mobil Oil Corp., 892 F.2d 1115, 15 Fed. R. Serv. 3d 482 (1st Cir. 1989) (“Because corrupt intent knows no stylistic boundaries, fraud on the court can take many forms.”) People are always asking how they go about getting their house back or how they stop a sale that is in process. One …
Here is PART of the next wave of “defaults” that will ruin lives and fill the pockets of the Wall Street bankers and intermediaries who are now “servicing” and foreclosing on loans that have already earned extremely high profits, far exceeding the funded amount of the loan. My opinion is that there will be three …
By Walter Hackett, Esq. The federal government has trumpeted its Home Affordable Modification Program or “HAMP” solution as THE solution to runaway foreclosures – few things could be further from the truth. Under HAMP a homeowner will be offered a “workout” that can result in the homeowner being “worked out” of his or her home. …
