Editors’ Note: In response to my post on ID THEFT I received a number of comments and ideas. Here is one example of how someone stuck to the message and forced the issue using ID theft as a defensive tactic as well as preparing for an offensive response. Are you reading my mind? Out of …
33-809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale A. A person desiring a copy of a notice of sale under a trust deed, at any time subsequent to the recording of the trust deed and prior to the recording of a notice of sale pursuant thereto, …
Starting Action AFTER the Non-Judicial Sale: Get the Information Read More »
Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk …
From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the …
Wells Fargo Bank, N.A. appears in many ways including as servicer (America Servicing Company), Trustee (although it does not appear to be qualified as a “Trust Company”), as claimed beneficiary, as Payee on the note, as beneficiary under the title policy, as beneficiary under the property and liability insurance, and it may have in actuality …
Wells Fargo, Option One, American Home Mortgage Relationship Read More »
SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest …
If the Bank of England wants this information, how can this court deem it irrelevant? Read More »
Vargas_MTD_Tentative1 Judge Buford in Bankruptcy Court has no problem seeing the real issues. Here he is again stating that MERS has no standing and that MERS is confused as to whether it is acting in is own behalf or as agent for the note holder. He further makes it clear that the loan is not …
Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of …
A Thought About Bankruptcy Petitions: Creditor ID Read More »
“Without your blog I would not have found the right lawyer in my state.” – Meghan in RI “Some of the most rewarding work of my career.” – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis, it has been our position since the …
THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file …
TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Read More »
see how-to-negotiate-a-short-sale see how-to-negotiate-a-modification See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk This is general information and assumes that you have access to the rest of the material on the blog. Foreclosures come in various flavors. First of all you have non-judicial and judicial foreclosure states. Non-judicial basically means …
See how-to-negotiate-a-short-sale See Michael Moore — Modifications See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk My statements here relate to general information and not legal advice. Generally we are of the opinion that the loan modification programs are a farce. First they end up in foreclosure in 6-7 months …
MANY THANKS TO DAN EDSTROM Dan has put together a list which frankly I would like him to expand. Following the money means determining the party to whom you MIGHT owe money. It certainly isn’t the pretender lender and if you can fill in the blanks on this list you will be able to show …
FOLLOWING THE MONEY — WHAT TO ASK FOR AND LOOK FOR Read More »
The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to …
Foundation of "Lost" Document — Wigmore on Evidence 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 »
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 »
1st Annotation of Landmark v. Kesler: IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,489 LANDMARK NATIONAL BANK, Plaintiff/Appellee, v. BOYD A. KESLER Appellee/Cross-appellant MILLENNIA MORTGAGE CORPORATION, Defendant, (MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND SOVEREIGN BANK), Appellants/Cross-appellees, and DENNIS BRISTOW AND TONY WOYDZIAK, Intervenors/Appellees. filed August 28, 2009 “The second mortgage lies at the core of this appeal. That mortgage document stated …
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. …
BofA’s Countrywide loses court ruling on mortgages — Modifications Not Authorized By Investor May be Invalid There is lots of significance about this decision. First it shows that if the investor is going to sue it is going to be against the intermediary pretender lenders and not the borrower — because they don’t want to …
By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare …
BOTTOM LINE: Use of a nominee causes an irreconcilable cloud on title entitling the homeowner to recovery on his homeowner title insurance policy. If homeowners purchased title insurance, they were at the same time in the same closing agreeing that the names of MERS and Countrywide would be used, for example, but that off-record activity …
Curious "disclosure" by MERS and Countrywide: What is a nominee? Read More »
As reported in the Florida Bar News dated March 1, 2009, The Supreme Court of Florida has received a petition to require foreclosure mediation. The article by Mark D Killian, managing editor states “Contending that prejudgment mediation could save more than 130,000 Florida homes from foreclosure and assist more than 360,000 borrowers,” the plan is …
Florida Petition Seeks Mediation of Foreclosures Read More »
