TRUSTEES

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

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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Impact of Serial Asset Sales on Investors and Borrowers

The real parties in interest are trying to make money, not recover it. The Wilmington Trust case illustrates why borrower defenses and investor claims are closely aligned and raises some interesting questions. The big question is what do you do with an empty box at the bottom of an organizational chart or worse an empty …

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Bank Business Model is Foreclosure NOT "Repayment"

For further information or assistance please call 954-495-9867 or 520-405-1688. ========================== see http://newswire.net/newsroom/pr/00088375-6-tricks-banks-use-to-drive-homeowners-into-foreclosure.html For many years it has been apparent most observers of the mortgage crisis that the Banks have switched their traditional role of creditor seeking to get paid to something else — a “servicer” or “Trustee” seeking foreclosure. in fact, in multiple cases …

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Trustees on REMICs Face a World of Hurt

DID YOU EVER WONDER WHY TRUSTEES INSTRUCTED THE INVESTMENT BANKS TO NOT USE THEIR NAME IN FORECLOSURES? Editor’s Comment: Finally the questions are spreading over the entire map of the false securitization of loans and the diversion of money, securities and property from investors and homeowners. Read the article below, and see if you smell …

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Assignment must exist in writing, even if the court says it doesn't need recording

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 …

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MERS: No Agency with Undisclosed Rotating "Principals"

THE WASHINGTON SUPREME COURT DECISION WILL BE USED EXTENSIVELY AT THE EMERYVILLE AND ANAHEIM CLE WORKSHOPS. The Stunning clarity of the decision rendered by the Washington Supreme Court, sitting En Banc, corroborates the statements I have made on this blog and under oath that they might just as well have put the name “Donald Duck” …

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Pensioners Will Feel the Pinch from Illegal Mortgages and Foreclosures

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: There are many people whose opinion produces the resistance of government to rip up the banks that got us into this economic …

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FRAUD: The Significance of the Game Changing FHFA Lawsuits

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FHFA ACCUSES BANKS OF FRAUD: THEY KNEW THEY WERE LYING “FHFA has refrained from sugar coating the banks’ alleged conduct as mere inadvertence, negligence, or recklessness, as many plaintiffs have done thus far.  Instead, it has come right out and accused certain banks …

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SPECTRE OF FRAUD OF ALL TYPES HAUNTING BOFA, CITI, CHASE, WELLS ET AL

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE New York AG Schneiderman Comes out Swinging at BofA, BoNY Posted By igradman On August 5, 2011 (4:28 pm) In Attorneys General This is big.  Though we’ve seen leading indicators over the last few weeks that New York Attorney General Eric Schneiderman might …

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New Workshop on Motion Practice and Discovery

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. …

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Trustee May Not Delegate But Usually Does

Most “Trustees” or Substitute Trustees get a package from some unknown source with everything already prepared and instructions to proceed. That is the exact opposite of the protections intended by the legislature in this statute under Arizona law. Your state is probably the same. 33-803.01. Trustee of trust deed; delegation of duties A. A trustee …

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Moral Hazard in Non-Judicial Sale: Trustee commits violations of FDCPA and other statutes!

From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a …

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