quiet title

60 MINUTES: SECURITIZATION PROPERTY TITLES ARE A "TRAIN WRECK"

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM GET LUMINAQ COMBO TITLE AND SECURITIZATION REPORT PAYMENT TO HOMEOWNERS TO BACK OFF LITIGATION PROPOSED 30,000 QUIET TITLE ACTIONS ALREADY FILED AND NUMBERS ARE CLIMBING SHARPLY SHEILA BAIR: A Flood of Litigation from Homeowners is Swamping the Court System. 60 MINUTES; SECOND CRISIS IN THE MAKING 60 MINUTES OVERTIME: …

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Iowa Couple Owns Home After One Payment Due To Foreclosure Glitch

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM Posted on March 24, 2011 by Foreclosureblues Iowa Couple Owns Home After One Payment Due To Foreclosure Glitch Yesterday, March 23, 2011, 3:36:15 PM | DailyBail Facing foreclosure and fed up with the banks trying to take back your home? Well, a foreclosure loophole that helped an Ankeny, Ia., home construction worker …

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QUIET TITLE EXPLAINED

NOTABLE QUOTE: CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS AND WARRANTIES Section 2.01. Conveyance of Mortgage Loans. As promptly as practicable after any transfer of a Mortgage Loan under this Agreement, and in any event within thirty days after the transfer, the Trustee shall (i) affix the Trustee’s name to each assignment of Mortgage, as its assignee, …

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Clear Title May Not Derive From A Fraud

From mersfatalflawsincalifornia   Javier Labra email4javier@gmail.com 1. Clear Title May Not Derive From A Fraud (including a bona fide purchaser for value). In the case of a fraudulent transaction California law is settled. The Court in Trout v. Trout, (1934), 220 Cal. 652 at 656 made as much plain: “Numerous authorities have established the rule that an …

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PROFITS BEING MADE ON FORCED SALE OF PROPERTIES

TOP READER PICKS FOR SERVICES AND PRODUCTS “My mortgage was $124,000…property was titled to the lender after foreclosure and conveyed to Fannie Mae for $132,000…property was then transferred to new purchaser for $156,000…all my equity was lost because lender would not work with me…am I entitled to any portion of Fannie Mae’s profit in selling …

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3,900,000 Visits and Moving Faster. OUR 3RD ANNIVERSARY — THANK YOU!!

SUBSCRIBE TO LIVINGLIES MEMBERSHIP FOR DISCOUNTED SERVICES, NEWSLETTER AND FREE TELECONFERENCES Livinglies fulfills its commitment to becoming the #1 internet resource in foreclosure defense and offense (claims for damages for wrongful foreclosure or improper lending practices). DON’T ASSUME YOUR LOAN IS IN DEFAULT — IT PROBABLY ISN’T EVEN IF YOU DIDN’T MAKE A PAYMENT! DON’T …

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TITLE COMPANIES REFUSE TO ISSUE POLICIES ON SECURITIZED MORTGAGES

REPUBLIC TITLE ANNOUNCEMENT: The Company will not insure title to any property which has been foreclosed by Ally Financial, Ally Bank or GMAC until further notice. This follows a series of similar announcements over the past year from smaller title companies who, recognizing the enormous liability that the banks were attempting to shift to them, …

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Deliberate Destruction Of Documents: Securitization Evolved into a Myth

SERVICES YOU NEED “Then guy then laughed nervously and said, “Well, if you’re right, we’re ****ed. We never transferred the paper. No one in the industry transferred the paper.” Editor’s Note: It is very rewarding to see the work of Karl Denninger and others who are taking  my work and not only moving it along, …

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MERS-Deutsch Slammed on Quiet Title

9.09.10 NY MERS NO AUTHORIY DISMISSED MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say …

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Padget v OneWest – IndyMac Provides some insight into RESPA remedies

The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising …

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HERS: FDIC- IndyMac -Onewest – IMB Holding Co Documents and Details

Failed Bank Information Information for IndyMac Bank, F.S.B., and IndyMac Federal Bank, F.S.B., Pasadena, Introduction Press Release Acquiring Financial Institution Question and Answer Sheet En Español Chinese Language Version (350 kb PDF File PDF Help) Banking Services Loan Customers Unclaimed Deposits Possible Claims Against The Failed Institution FAQ re IndyMac “No Value” Determination Priority of …

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New MERS Standing Case Splits Note and Mortgage: Bellistri v Ocwen Loan Servicing, Mo App.20100309

From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …

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Obama: A Bold U.S. Plan to Help Struggling Homeowners

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them …

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Non-Profit Lenders Step in to Provide Post-Foreclosure Modification

Editor’s Note: Principal reduction can be achieved in more ways than one. Here Non-profit Lenders see the clear opportunity to buy mortgages from dubious sources and then enter into new mortgages with the homeowner thus preventing eviction and restoring the homeowner to non-distress status. The problem here is that title is not clear and eventually …

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Principal Reduction or Principal Elimination

“Many economists and mortgage experts have concluded that banks must ultimately forgive loan balances to restore equity to underwater borrowers. Otherwise, growing numbers will walk away from their homes and accept foreclosure rather than make payments on properties in which they no longer own a stake.” Editor’s Comments and Notes: The Obama Administration has finally …

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Federal Reserve: The Holder in Due Course?

Remember that $700 billion in TARP? It was dwarfed by other government programs including one from the Federal Reserve. The Federal Reserve went from a non-existent player in the mortgage backed security market a year ago to owning $904 billion of the mortgage backed securities today. But we don’t seem to be getting or seeing …

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How to Negotiate a Modification

See how-to-negotiate-a-short-sale See Michael Moore — Modifications 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 My statements here relate to general information and not legal advice. Generally we are of the opinion that the loan modification programs are a farce. First they end up in foreclosure in 6-7 months …

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California Code Speaks to Fabricated or Forged and Misleading Documentation: Where's a Cop When you Need One?

From Steven Kop: Like Florida and other states, the laws already exist to penalize the pretender lenders. The question is whether the public will rise up and force the enforcment of these laws and use them to discredit the worthless paper issued by the participants in the securitization chain. CALIFORNIA CODES PENAL CODE SECTION 470-483.5 …

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Lawyer's foreclosure defense of 'quiet title' faces tests

“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?” In cases that are dismissed based on these arguments, foreclosure …

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NY Judges ROCK! Indymac Bank F.S.B. v Yano-Horoski

NY JUDGES ROCK — IndyMAc Bank FSB. v Yano-Horosky Indymac Bank F.S.B. v Yano-Horoski 2009 NY Slip Op 52333(U) Decided on November 19, 2009 Supreme Court, Suffolk County Spinner, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the …

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What to Look For and Demand Through QWR or Discovery Part II

Dan Edstrom, you are great! OK I found the loan level details for my deal. It shows my loan in foreclosure and my last payment in 6/2008 (which is accurate). What it doesn’t say (among other things) is what advances were made on the account. Very interesting. This report is generated monthly but they are …

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Foundation of "Lost" Document — Wigmore on Evidence

The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to …

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Goldman takes on new role: taking people’s homes

By Greg Gordon, McClatchy Newspapers Greg Gordon, Mcclatchy Newspapers Mon Nov 2, 6:00 am ET SAN JOSE, Calif. — When California wildfires ruined their jewelry business, Tony Becker and his wife fell months behind on their mortgage payments and experienced firsthand the perils of subprime mortgages. The couple wound up in a desperate, six-year fight …

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