The failures to disclose material facts providing the real context of the “loans” deprived borrowers of choice between lenders and deprived them of the opportunity of bargaining for terms that were based upon the economic reality — that the main point of the loan origination was not the loan but rather the sale of unregistered …
Just assume that everything is a fiction and none of it is real. Then set out to create the inference against the use of key legal presumptions necessary for the foreclosure mill to establish a prima facie case. Those presumptions lead to conclusions that are contrary to facts in the real world. The answer is …
NOTE: This case reads like law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that …
What is the difference between the note and the debt? What difference does it make? Read More »
Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt. Judgment on the note can be rendered based upon legal presumptions arising from the UCC as adopted …
I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a …
The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal “doctrine” that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the …
Does the Debt Need to Transfer with the Mortgage? Read More »
Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow. And that is the point here. They came to court without evidence and in this case the court turned them away. …
Fla 2d DCA: HELOC Instrument Not Self-Authenticating Article 3 Note Read More »
Posted by Bill Paatalo on Dec 14, 2017 https://bpinvestigativeagency.com/why-are-the-oregon-courts-ignoring-its-own-rules-regarding-the-surrender-and-tender-of-original-negotiable-instruments/ This is the Oregon Uniform Trial Court Rule regarding the surrender of negotiable instruments before the entry of a judgment. Oregon is typically a non-judicial foreclosure state. However, the bank servicers have been increasingly choosing to go the judicial route. My sources are telling me that …
The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED …
STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed Read More »
It is in court that the “loan contract” is actually created even though it is a defective illusion. In truth and at law, placing the name of the originator on the note and/or mortgage was an act of deceit. In a singular sweep of making public policy as opposed to following it, the Courts have …
We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses to apply it. Despite clear legislative intent to prevent banks from stonewalling rescission they are succeeding in doing so nonetheless as …
Jesinoski Update: Homeowner, Bank and Court All Get it Wrong Read More »
MEGAN WACHSPRESS, JESSIE AGATSTEIN & CHRISTIAN MOTT published an article that takes dead aim at the “free house” controversy. In the Yale Law Review they come to the conclusion that (1) the house isn’t free to any homeowner even if they escape the mortgage and (2) the projected social cost of market values are wrong. …
current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” the Courts may think they are saving the financial system, the economy and our society from disintegration, …
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time. Some examples include the infamous Dred Scott decision where the Supreme Court ruled …
see FORECLOSURE, SECURITIZATION DON’T MIX ROCKY'S+ARTICLE+in+the+CAPE+COD+TIMES+February+21,+2015 As I write this, I have no recall of Mr. Ludden before today. BUT his article in of all places, the Cape Cod Times, struck me as astonishing in its concise description of the illegal foreclosures that are skimming past Judges desks with hardly a look much less the …
Rockwell P. Ludden, Esq. — A Lawyer who gets it on Securitization and Mortgages Read More »
Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace …
Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it “securitization fail.” Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the “assignments,” …
For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …
Securitization for Lawyers: How it was Written by Wall Street Banks Read More »
After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise …
The issue is what are the elements of the loan contract? Who are the parties? And who can enforce it? I would agree that an overpayment at closing from the source of funds is rare. What is not rare and in fact common is that the wire transfer instructions that accompany the wire transfer receipt …
The Banks: Consideration is Irrelevant, Really? Then so is payment! Read More »
Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. …
George W. Mantor Runs for Public Office on "No More Dirty Deeds" Read More »
EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to …
BeforeYou Open Your Mouth Or Write Anything Down, Know What You Are Talking About Read More »
Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers? How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE …
Unrhetorical Questions — Money, Lies and Accounting Records: Gander and Goose Read More »
