Lender Liability

This is it! WHERE’S THE NOTE, WHO’S THE HOLDER: ENFORCEMENT OF PROMISSORY NOTE SECURED BY REAL ESTATE

submitted by NY Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that: (1) It is …

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New Obama Plan a Good Start

President Obama is taking on a very challenging task. A direct statement to the American people that their mortgages and notes are invalid, unenforceable or void would be portrayed as undermining contractual obligations. It would infuriate the investors who bought the worthless CDOs and undermine Obama’s enormous popularity with allegations of throwing the finance system …

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CBS Airs House of Cards: Closer to the Truth But Not Quite There — Line up the story of the borrower and the story of the investor and they are the same

CBS News HOUSE OF CARDS CBS aired a 2 hour news special on the mortgage meltdown. For a change, the facts in it were entirely correct although some important facts were left out. There still remains a bias against the borrowers. While the case was made that the investors were defrauded and didn’t know what …

CBS Airs House of Cards: Closer to the Truth But Not Quite There — Line up the story of the borrower and the story of the investor and they are the same Read More »

MERS Info

MERS residential Membership Application Kit Contains the following items: Brochure: “Process loans, not paperwork” Membership application Terms and Conditions Fee Schedule MERS® Commercial Membership Application Kit Contains the following items: Brochure: “Minimize Risk, Save Money, Reduce Paperwork” Membership application Terms and Conditions Article: “MERS: Every Commercial Loan Needs a Mom” MERS® eRegistry Membership Application Kit …

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MERS: 57 million mortgages on its Books: MSNBC Stuckey — Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party

Great Song says it All- Click to Play: Shuttin Detroit Down cnbc-airs-house-of-cards-closer-to-the-truth-but-not-quite-there-line-up-the-story-of-the-borrower-and-the-story-of-the-investor-and-they-are-the-same civil-disobedience-on-the-rise-as-sheriffs-refuse-to-serve-evictions-%E2%80%9Ci-refuse-to-leave-the-home-that-i%E2%80%99ve-worked-so-hard-to-keep-i-will-not-let-the-bank-take-my-home-and-i-will-not D-Day vet’s tale parallels mortgage meltdown Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home By Mike Stuckey Senior news editor msnbc.com Feb. 17, 2009 CERRITOS, Calif. – Questions linger here, as ripe and nagging as the odor that …

MERS: 57 million mortgages on its Books: MSNBC Stuckey — Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party Read More »

World Savings Knew It was Acting Illegally and Committing Fraud

main4801309.shtml Editor’s Note: They all knew. It’s up to you to stand up and challenge them to prove the basic assertions — even the sending of a monthly statement is potentially an act of fraud since neither the servicer nor the party with whom they entered into the Pooling and Service Agreement had or have …

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Motion for Consolidation is sometimes enough

From an attorney involved in foreclosure defense. I hope you are well.  I have been reading through your manual daily to absorb the breadth and depth and width of this mortgage meltdown…  I am so glad I was able to come to the workshop in Napa and meet you.  I’m sorry I missed your teleconference …

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President Obama: Please Learn faster

Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the …

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WSJournal – “Servicers are limited in their ability to modify mortgages”

Key points -“servicers are limited in their ability to modify mortgages” READ: they have no authority to modify nor authority to foreclose This is why so many are “strung along” thinking they are waiting to be approved for a loan modification and at the eleventh hour are told they “weren’t approved” and then the following week …

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California District Court Magistrate Hits Nail on Head for Standing by MERS and Servicer

Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc …

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9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal …

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California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer !

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a …

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More Banks failing: Title Chain Gets Cloudier

Three U.S. Banks Shut by Regulators as Financial Crisis Deepens Email | Print | A A A   By Margaret Chadbourn and Ari Levy Feb. 7 (Bloomberg) — Three banks, two in California and one in Georgia, were seized by regulators, bringing this year’s tally of closings to nine as a recession and record foreclosures …

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Let's Hear It For Sherriff Evans: Federal bailout act protections preempt State foreclosure

The only thing necessary for evil to triumph is for good men to do nothing -Edmund Burke Release Date: February 2, 2009 Contact: Ofc. John Roach, 313-224-0615 Evans halts sale of foreclosed homes o Sheriff says move is necessary to ensure homeowners´ rights o Federal bailout act protections preempt State foreclosure law, Evans says DETROIT, Michigan …

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The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable. The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through …

The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief. Read More »

From Gator Bradshaw: New "pretender lender" Tactic — Beware of Attempts to Get Borrowers to Verify Non-Existent Obligation

Fellow travelers, I just had my first incident and wanted to warn everyone. New client comes to see me after just being served. Wells (not original lender) sends them a “package” of documents after they are 30 days late telling them all about their efforts to work with them and prevent foreclosure. Enclosed was a …

From Gator Bradshaw: New "pretender lender" Tactic — Beware of Attempts to Get Borrowers to Verify Non-Existent Obligation Read More »

Problems with a Loan Modification: 10 POINTS TO CONSIDER

SUBMITTED BY NY Problems with a Loan Modification: The borrowers will think they are modifying their current loan when in fact they are starting all over again. The Foreclosing entity which lacks standing to bring lawsuit, is not authorized to modify anything since they are not the owner of the loan in question. Since the …

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Livinglies site is not only for the skeptics enjoyment and those seeking sources of underground legal entertainment. Damn it people it works.

Comment: www.foreclosureinforsearch.com By Maher Soliman Living lies recently posted an outstanding (according to our counsel) well prepared Motion to set aside judgment which we used to file after entry of judgment for a UD hearing that did not end up favorable. We filed six motions total to date and we are five for six when …

Livinglies site is not only for the skeptics enjoyment and those seeking sources of underground legal entertainment. Damn it people it works. Read More »

NY TIMES: What do the market traders know that the rest of the world does not?

NY Times second lead article is how are these “Troubled Assets” going to be valued? 97 cents on the dollar (management), 87 cents (S&P at current default rates), 53 cents under “bleaker” (undefined conditions), 38 cents where the trading markets value them, or 0 cents on the “Garfield Continuum Index.” ? why the disparity? What …

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CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!"

I agree completely. She proposes a revolution of sorts of simply not leaving. No reason to since the people who foreclosed didn’t have any right to do so. You never owed them a penny and the investors who put up the money never saw a penny even after foreclosure. griffin.mortgage.squatting.cnn?iref=videosearch <script src=”http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=dom&vid=/video/us/2009/01/30/griffin.mortgage.squatting.cnn” type=”text/javascript”></script><noscript>Embedded video from …

CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!" Read More »

Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009

Utah’s MagnetBank closed without an acquirer FDIC shuts down three banks in one day amid ongoing credit crisis By John Letzing, MarketWatch Last update: 6:42 p.m. EST Jan. 30, 2009 SAN FRANCISCO (MarketWatch) — Federal regulators closed three banks in a single day Friday, as the ongoing credit crisis showed no signs of abating. Utah’s …

Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009 Read More »

California Code: Notary Must NOT Have an Interest in the Document Being Signed

I caught this from the comments section: He’s right and I think if you look in the statutes of every state and industry standards that are published by Notary Associations you will find the same language. The fact that the Title agent is the closing agent is the Trustee on the Deed of Trust DOES …

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Those $18 billion in bonuses were earned from hidden profits: The Joke is on Us

Obama is of course correct in his outrage. Taking hundreds of billions of dollars from the taxpayers to cover the appearances of catastrophic losses and then paying bonuses for good management is over the top by any standards. But neither he nor the media is correct in assuming that that the bonuses were not in …

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