Why did the Plaintiff lose in its “standard foreclosure”? The decision on acceleration is essentially this: If the banks do it, it doesn’t count. While Bartram didn’t turn out the way we want, there are two paths that nobody is talking about — logistics and res judicata. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave …
THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that …
Why Are Trusts Alleging Holder Status and Not Holder in Due Course? 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 …
One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic …
Challenging Deeds Issued After Auction (Sale) of Property Read More »
Now that I am actively practicing law I see the reasons for the anger and recriminations regarding the conduct of proceedings involving foreclosure. But whether the judge likes it or not the law is very clear regarding a condition precedent to the filing of foreclosure action. The borrower must receive notice. The notice must state …
PRACTICE AND PROCEDURE IN GEORGIA If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 (East Coast, including Georgia – the Atlanta Area) and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. …
Wake Up Georgia: Courts Are Opening the Door on Wrongful Foreclosure Read More »
Dan Hanacek, who will be at the conference in Emeryville tomorrow, and Charles Cox can be reached through our customer service number 520-405-1688. Dan is a lawyer with whom I am engaged in mentoring and resourcing in Northern California cases and Charles helps people all over the country. The tide is turning. The basic principles …
Assignment must exist in writing, even if the court says it doesn't need recording Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE BY ‘NANCY DREW” In California, OR, WA, CO (non judicial states) place an Automatic Stay one must file Bankruptcy “BK” which stops notice of defaults? sadly allowing substitute trustee to act as robo-mill and includes bank attorneys who don’t have to reveal ‘security’ …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Lee Farkas of TBW was right when he said, “I could rob a bank with a pencil.” AUCTION SALES INCOMPLETE FOR NON-PAYMENT: TRUSTEE DEED SHOULD NOT BE ISSUED SUBSTITUTE TRUSTEE COULD BE SUED FOR DAMAGES EDITOR’S COMMENT: It’s like a checklist of things …
GOLDMAN WEB OF DECEIT AND TAX EVASION: BKR TRUSTEE SUES FOR FRAUD Read More »
GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY FTC v Countrywide Home Loans Incand BAC Home Loans ServicingConsent Judgment Order 20100607 Editor’s Comment: This “tip of the iceberg” is important for a number of reasons. You should be alerted to the fact that this was an industry-wide practice. The fees tacked on illegally during …
Bank of America to Pay $108 Million in Countrywide Case Read More »
why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. …
REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. ” There should be no doubt in your mind now that virtually …
The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — …
Court Denies Motion to Dismiss and Holds Backdated Mortgage Assignments May be Invalid Read More »
see MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 1 MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 2 PRECLOSING REG SHOWS PRE-KNOWLEDGE OF SECURITIZATION Arnold admitted MERS does not have a beneficial interest in any mortgage; does not loan money; does not suffer a default if monies are not paid; etc…the internal agreement used by MERS expressly disavows …
MERS Admits NO Interest in Mortgage and No Loss On Default 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 …
