In all jurisdictions, even if the trust has some assets, and therefore legal existence as a legal person, if the asset in question has not been entrusted to the trustee on behalf of beneficiaries, the existence of the trust is completely irrelevant. And all claims arising from the supposed existence of the trust are also …
Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to …
Based on questions that greeted me when I got to my desk this morning, here are just some of the thoughts that apply — a case review and analysis for each case being necessary to actually draft the right questions and to close any trap doors. Let us help you plan for trial and draft …
Discovery Changes and Broadens After Hawaii Supreme Court Decision Read More »
The practice of paying a fee to a “service provider” to conceal the real nature of a transaction and the real parties in interest has been at the center of all Wall Street schemes that are at variance from conventional loan products. Virtually all parties who appear in the chain of title or possession in …
How Do We Know That the Name of the Trustee was Rented? Read More »
This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee. This “Advisory” shows that there are documents that are rarely in the limelight and that clarify claims of …
DEUTSCH BANK Memo Reveals Documents and Policies Ripe for Discovery Read More »
Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, …
Breaking it Down: What to Say and Do in an Unlawful Detainer or Eviction Read More »
If they had been successful the entire question of whether the Trustee could be named as the foreclosing party would have been off the table — if other courts followed suit. And the entire question of “debt purchasing” could never have been raised despite obvious flaws and defects in fabricated paperwork. Get a consult! 202-838-6345 …
The conclusion is that US Bank “as trustee” is a sham entity. it does not exist. The marketplace is flooded with false representations about the role of US Bank. This becomes abundantly clear when you are made privy to decisions made wherein sanctions were levied against US Bank. It underscores the basic premise that there …
Servicers Using US Bank as Shield From Liability in Fraudulent Foreclosures Read More »
Lehman had nothing to do with the loan even at the beginning when the loan was funded, it acted as a conduit for investor funds that were being misappropriated, the loan was “sold” or “transferred” to a REMIC Trust, and the assets of Lehman were put into a bankruptcy estate as a matter of law. …
The court held there was no Plaintiff filing the foreclosure lawsuit. This is extremely important and highly relevant to what is going on now. So many cases name a Plaintiff that either does not exist or whose name has merely been rented for the purpose of filing foreclosure. Like US Bank as Trustee for series …
Revisiting the Nash Case v "America's Wholesale Lender." Read More »
What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU …
The Court, possibly because of the pleadings and briefs refers to the Trust as “US Bank” — a complete misnomer that reveals a completely incorrect premise. Despite the clear allegation of the existence of the Trust — proffered by the Trust itself — the Courts are seeing these cases as “Bank v Homeowner” rather than …
Appeals Court Challenges Cal. Supreme Court Ruling in Yvanova/Keshtgar Read More »
In addition to defrauding the borrower whose signature will be copied and fabricated for dozens of “sales” of loans and securities deriving their value from a nonexistent loan contract, this distorted practice does two things: (a) it cheats investors out of their assumed and expected interest in nonexistent mortgage loan contracts and (b) it leaves …
there is no such thing as a soft landing in a cornered marketplace Despite claiming $52 TRILLION “notional” value in derivatives (nearly all the money in the world) DB has posted a shattering loss and according to the IMF poses the most serious systemic loss to the financial system. Reports indicate that 29 DB employees …
It was impossible to trace the majority of the mortgage loans on the over 300 homes sold by DSI that were the subject of the FBI investigation; it would have been harder yet to identify individual victims of the fraud given that the mortgages were securitized and traded. (Emphasis added.) THE FOLLOWING ARTICLE IS NOT …
Not even the Federal Government Can Determine Who owns Your Loan Read More »
see https://findsenlaw.wordpress.com/2015/02/04/department-of-justice-investigates-deutsche-bank-for-false-documents-presented-to-court-in-bankruptcy-foreclosure-case/ Beth Findsen, Esq. in Scottsdale, Az posted an article on her blog back in February revealing that after 10 years+ the Department of Justice is finally examining the validity of the papers filed by the banks in support of purported foreclosures on behalf of ghosts. Beth is a realist as well as an …
Deutsch and other Banks Under Investigation by DOJ for Filing False Documents Read More »
For further information please call 954-495-9867 or 520-405-1688 Listen to Neil Garfield Show on Thursday February 26, 2015 at 6pm EDT., and each Thursday =============================== see http://www.njspotlight.com/stories/15/02/02/new-foreclosure-procedures-put-to-test-as-number-of-cases-climbs-in-nj/ New Jersey now has an upsurge of Foreclosure activity. It is on track to become first in the nation in the number of foreclosures. What is clear is …
Modification Minefields as Foreclosures Resume Upward Volume Read More »
For more information please call 520-405-1688 or 954-495-9867 ==================================== IF YOU ARE HAVING A CLOSING ON A REFI OR NEW LOAN BEWARE OF WHAT DOCUMENTS ARE BEING USED THAT WAIVE YOUR RIGHTS TO CONTEST WRONGFUL FORECLOSURES — GET A LAWYER!!! ==================================== http://www.creditslips.org/creditslips/2014/12/foreclosure-news-who-gets-to-decide-whether-a-state-is-a-judicial-foreclosure-state-or-a-non-judicia.html#more EDITOR’S NOTE: It is no secret that the Bank’s have a MUCH easier …
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 …
Powers of Attorney — New Documents Magically Appear Read More »
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 »
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 …
‘The bottom line is that the notice of substitution of Plaintiff in judicial states, or notice of substitution of Trustee in non-judicial states should be the first line of battle. Neither one of them is valid and in both cases you have a stranger to the transaction being allowed to name itself as creditor, name …
Writing with the flu. Despite symptoms and medication that makes me dizzy, I feel compelled to write about something that is getting traction out there. The more you look at the false claims of securitization the more it stinks. We are dealing with a system that is based on really big lies. I’m sure our …
“servicer may be considered a party in interest to commence legal action as long as the trustee joins or ratifies its action.” ElstonLeetsdale LLC v CWCapital Asset Management LLC-1 This ought to be interesting. If Deutsch, or U.S. Bank, or Bank of New York, or any of the other “Trustees” join or ratify the …
4th DCA Florida: Trustee of Asset Pool Must Join or Ratify Read More »
