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standing

How "servicer advances" advance the false premise of securitization of loans.

4 Comments / foreclosure / By

Since the times of ancient Greece and even before that, it has been a commonly used statement that before discussion of an issue each party should precisely define their terms. The obvious conclusion has been that without agreed definitions, it is highly probable that each side is talking about something different and making no point …

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STANDING: THE CRUX TO DEFENDING FALSE CLAIMS OF SECURITIZATION OF MORTGAGE LOANS

3 Comments / foreclosure / By

Mortgage foreclosure is the civil equivalent of the death penalty. in criminal cases. Many court decisions have enthusiastically supported that notion and attached much more stringent rules to the enforcement of a mortgage or deed of trust than they use in enforcement of a note. That is, until the last 20 years. If you begin …

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NY Monroe Case: Default entered against homeowner — CASE DISMISSED on Standing — US Bank Never refiled.

7 Comments / burden of pleading, discovery, evidence, Fabrication of documents, foreclosure, foreclosure mill, jurisdiction, legal standing, Mortgage, Motions, Pleading, trustee / By

multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named …

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Trustee v Active Trustee US Bank Fails to show or even attempt to show it is an active trustee

9 Comments / boarding process, burden of persuasion, BURDEN OF PROOF, Corruption, discovery, evidence, foreclosure, MBS Trustee, Servicer, standing, trustee / By

CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they …

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Delaware Supreme Court rules Holder must prove it owns Note: Shrewsbury v. The Bank of NY Mellon

9 Comments / foreclosure / By

  The Delaware Supreme Court has ruled you must own note and mortgage in order to foreclose — which is what I have been saying for 12 years.  A lot of good that will do the millions of people who lost their homes to parties that did not have ownership of the note and mortgage.  …

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Bank of NY Mellon v. Anderson: Standing must be Established

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In the Bank of N.Y. Mellon v Anderson, the New York Supreme Court Appellate court got it right by ruling that submitting an affidavit to support a motion is insufficient to establish standing when the affiant cannot swear they are familiar with the servicer’s record keeping practices and procedures. The mere attachment of a copy …

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2d Florida DCA Knocks Down CitiMortgage – PennyMac Dance

4 Comments / foreclosure / By

“In order to establish its entitlement to enforce the lost note, PennyMac could establish standing “through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.” BAC Funding Consortium, 28 So. 3d at 939. PennyMac’s filings in support of its motion for summary judgment did not present evidence …

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NM and Fla Judges Express Doubt Over Whether Loans Ever Made it Into trust

4 Comments / foreclosure / By

Judges are thinking the unthinkable — that none of the trusts ever acquired anything and that the foreclosures were and are a sham. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- It isn’t “theory. It is facts, or rather the absence of …

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4th DCA Florida: Exploding the Merger Myth

12 Comments / foreclosure / By

Achieving standing via merger also requires that the surviving entity prove that it “acquired all of [the absorbed entity’s] assets, including [the] note and mortgage, by virtue of the merger.”Fiorito v. JP Morgan Chase Bank, Nat’l Ass’n, 174 So. 3d 519, 521 (Fla. 4th DCA 2015). see http://4closurefraud.org/2016/06/07/fl-4th-dca-segall-v-wachovia-bank-na-reversed-wachovia-failed-to-prove-standing-to-foreclose/ Finally the courts are turning back to …

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California's New Gieseke Decision-A New Playing Field Emerges Post-Yvanova

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  by Charles Marshall, Esquire Gieseke Remand Order 5 20 16 from 9th Circuit THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. On the heels of Sciarratta v. US Bank, in the wake of Keshtgar v. US Bank, under the umbrella of Yvanova …

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The Neil Garfield Radio Program: James "Randy" Ackley Recording

2 Comments / foreclosure / By

Listen Here: https://youtu.be/jOeAe9zT5D0 Yesterday, attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show.  The show was a fascinating discussion about banks’ creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose. Neil and Randy addressed why the courts were allowing loan servicers to present evidence …

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Standing, Demanding & Remanding-Miami Foreclosure Attorneys Jacobs and Keeley

13 Comments / foreclosure / By

By William Hudson 2015. Lewis v USBank-Motion-for-Rehearing Miami foreclosure defense attorney Bruce Jacobs accomplished what few attorneys have the commitment, perseverance and sheer guts to accomplish. However, he did so knowing he had a good criminal attorney in his corner- in case the court decided to sanction him, file a Florida Bar ethics complaint or …

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California Supreme Court Rules in Yvanova, "The borrower owes money NOT TO THE WORLD at large but to a particular person or institution."

13 Comments / foreclosure / By

Yvanova v New Century Mortgage 02182016 Supreme Court of California opinion By William Hudson Last week the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds …

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Fla 4th DCA: The Starting Point is Standing — If You Don't Have It, There is no Jurisdicition

40 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on any case. Consult with an attorney. ============================= see Rodriguez v. Wells Fargo “The core element concerning to whom the note was payable on the date suit was filed was not proven.” Bottom Line: You can’t file a lawsuit without standing. …

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Writ of Certiorari to SCOTUS: Transfers to Trusts Are Void, not Voidable

136 Comments / foreclosure / By

In observance of the Jewish holiday of Yom Kippur, my office will be closed Wednesday, September 23. The following article was scheduled in advance: ======================================= See Anh N. Tran, et al. v. Bank of New York SCOTUS Certiorari_SRCH READ THE ENTIRE BRIEF SLOWLY AND STUDY IT. I think we have another case here where the …

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Why the Big Guns Are Coming Out on Rescission

55 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 NOTE: The rescission package we offer provides information on the specific loan of the borrower, whether rescission is an option, to whom the rescission letter should be addressed, whether your prior letter of rescission is effective, and how to prepare for further litigation regarding the effective date …

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STANDING: Banks Swimming Upstream as Shell Game Continues in SALMON CASE

23 Comments / foreclosure / By

For further information please call 520-405-1688 or 954-494-6000. ============================ see 4th DCA Salmon v Foreclosed Asset sales and Transfer CorpDOC042315 I have often reminded lawyers that Judges NEVER get reversed when they deny a motion for summary judgment. When they grant summary judgment in foreclosure cases, their vulnerability to a reversal increases exponentially. In the …

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Why You Need to Understand the Volcker Rule

10 Comments / AMGAR, Corruption, discovery, evidence, foreclosure, foreclosure defenses, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Trust Beneficiaries / By

In order to understand how the banks made money creating a void and then filling it with what I call a tier 2 yield spread premium, trading withe investors money, and avoiding the trust entirely, you should read the articles relating to the Volcker rule, where “proprietary trading” is frequently put in quotation marks. The …

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New Mexico Supreme Court Wipes Out Bank of New York

50 Comments / CASES, Corruption, escrow agent, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, Pleading, securities fraud, Servicer, Statutes, Student Loans, Trust Beneficiaries, trustee / By

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …

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World Savings Bank Loans Were Securitized Before Wachovia Merger

37 Comments / CDO, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of …

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Challenging Deeds Issued After Auction (Sale) of Property

24 Comments / Corruption, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

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 …

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