The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction data to third parties. Besides the obvious problems with data privacy, this confirms the apparent voluntary participation of the homeowner in a securities scheme that was and still is concealed from the homeowner. By filing the …
Would you entrust all your money to some thinly capitalized company who wanted total control over all your assets? No you wouldn’t and neither does any bank in an industry that virtually define security and control. So when I received a recent email regarding a “Power of Attorney” (POA) purportedly executed by Argent/Ameriquest to another …
Concealed Side Agreements Should be the Target of Discovery Demands by Homeowners Read More »
Just because a power of attorney appears to be facially valid doesn’t mean that it IS facially valid, nor that it is substantively valid. Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. Powers of Attorney are part of the strategy engineered by investment banks on Wall Street. Here is the problem with …
The very idea of two huge Bank competitors naming each other as attorney in fact defies common sense — if they were dealing with anything real. The use of “attorney in fact” is merely a ruse in order to bridge gaps in the facial validity of documents being used in foreclosure. It also is used to create the illusion that the grantor owned …
Litigators often miss the point that the foreclosure is brought on behalf of certificate holders who have no right, title or interest in the debt, note or mortgage — and there is no assertion, allegation or exhibit that says otherwise. ======================================= GET FREE HELP: Just click here and submit the confidential, free, no obligation, private REGISTRATION …
Jurisdictional Defense —- Certificate Holders vs Trust Read More »
Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an …
MERS Is NOTHING — The Correct Translation of "MIN" Read More »
Posted by Bill Paatalo on Mar 4, 2018 https://bpinvestigativeagency.com/foia-request-reveals-servicers-justification-for-fraud-in-obtaining-limited-power-of-attorney-from-fdic/ See: FDIC FOIA Response – IndyMac LPOA Servicer Request 2017 This FOIA response from the FDIC dated June 29, 2017 contains a request to renew CIT Bank, N.A.’s “Limited Power of Attorney” from the FDIC regarding the failed IndyMac Bank, fsb and IndyMac Federal Bank, fsb. The …
“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually …
NJ Appellate Court Decision Goes to Achilles Heel of "Securitizers" Read More »
In short, the proffer of a document signed not by the grantor or assignor but by a person with limited authority and no knowledge, on behalf of a company claiming to be attorney in fact is an empty self-serving document that provides escape hatches in the event a court actually looks at the document. It …
Self Serving Fabrications: Watch for "Attorney in Fact" Read More »
ARE LAW FIRMS CROSSING THE LINE FOR BANKS WHO WILL THROW THEM UNDER THE BUS? It is a chaotic circular round of documents emanating ultimately by, for and from the same parties. And somehow it is becoming custom and practice to allow law firm employees to sign important documents that transfer possession, delivery, ownership and …
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 …
This question cuts both ways since homeowners have filed or tried to file various documents that cloud the title until a dispute is resolved. But the focus of today’s conference is on the filings by “new” beneficiaries and “new”substituted trustees” and deeds on foreclosures executed by “authorized signors” for the “Substituted trustees.” County Recorders are …
When Should County Recorders Refuse to Record Documents? Read More »
Using the voluminous amount of feedback to Livinglies.wordpress.com, some observations about the words you use in litigation and in your correspondence, QWR and DVL might well be of some assistance. CREDITOR: It seems that using the word creditor has much more power than lender, pretender lender or even holder in due course. I’ve been told …
Semantics: What a difference a word makes — Creditor — Trustee Read More »
Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, …
How to Search for the Trust or SPV Claiming Your Loan to Be Part of the SPV Pool Read More »
