Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to …
The simple fact is that the REMIC trusts do not exist in the real world. The parties named as trustees — e.g. US Bank, Deutsch, BONY/Mellon — are trust names that are used by permission through what is essentially a royalty agreement. If you are dealing with a trust then you are dealing with a …
NOTE: THE FOLLOWING IS A LEGAL ANALYSIS THAT MAY OR MAY NOT APPLY TO CASES ON WHICH YOU ARE WORKING. IT IS REALLY MEANT FOR ATTORNEYS WHO ARE REPRESENTING PARTIES IN FORECLOSURE LITIGATION. No lay person should assume that anything in this article is true or applies to their case. Nobody should use this information …
US Bank, BofA, LaSalle Bank and Other Trustees Slammed the Door on Their Own Toes Read More »
Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving …
Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out …
New Bank Strategy: There was no securitization — IRS AMNESTY FOR REMICs Read More »
‘The bottom line is that the notice of substitution of Plaintiff in judicial states, or notice of substitution of Trustee in non-judicial states should be the first line of battle. Neither one of them is valid and in both cases you have a stranger to the transaction being allowed to name itself as creditor, name …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Inch by inch the judicial system is getting closer to unraveling the truth about mortgages, securitization, and foreclosures. The process is extremely painful for those whose homes have been or are sliding toward foreclosure (10.6 million more expected soon). On one …
BOA LOSES BID TO DISMISS CASE FOR FRAUD AND BREACH OF DUTY OF GOOD FAITH Read More »
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 …
