Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, […]

Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

Consummation vs. Closing: Why Foreclosure Courts Get It Wrong Disclaimer: This article is for educational purposes only and is not a substitute for legal advice. Always consult with a licensed attorney in your jurisdiction. Call us today at 844.583.5339Submit your case statement online for a complimentary recommendation. The Problem: Courts Ignore Basic Contract Law In […]

Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Modification, securities fraud, Servicer |

It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear — yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender […]

Posted in discovery, evidence, legal standing, Pleading |

When a judge looks carefully at the record, the bank loses. The use of Deutsch’s name in the style of the case still shows that Judges are considering the Plaintiff to be the named “Trustee” instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do […]

Posted in discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

YOU NEED AN INFINITE NUMBER OF BASES AND PLAYERS TO PLAY BALL WITH THESE GUYS: The Trustee controls the trust as trustee. Oops, wait, it is the Master Servicer who has all the control. No, wait again, it is the subservicer who has the right to administer the loan. But actually if there is an alleged […]

Tags: Wells Fargo Bank
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, Modification, Servicer |

This is a blatant attempt at deception  — a deceit without which none of the Trusts would be recognized as legal entities much less the owner of loans. Ocwen is admitting that there is no single owner of the loan it is allegedly “servicing.” “There is no single owner of the account, but rather the […]

Tags: Ocwen, ownership of loan
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, legal standing, Modification, Servicer |

What is surprising about this case is that there was any appeal. The trial court had no choice but to dismiss the foreclosure claim. A copy of the note without an indorsement was attached to the complaint. This leads to the presumption that the indorsement was attached after the complaint was filed. Standing must be […]

Tags: Deutsch Bank, Impact Funding, PSA, robo-witness, SEC website, Wells Fargo Bank
Posted in Corruption, discovery, evidence, legal standing, Servicer |

Like the infamous NINJA loans, the REMICs ought to be dubbed NEITs — nonexistent inactive trusts. The idea of switching lenders without permission of the borrower has been accepted for centuries. But the idea of switching borrowers without permission of the “lender” had never been accepted until the era of false claims of securitization. This […]

Tags: Adam Levitin, fake securitization, money, NEIT, real parties in interest, REMIC, single transaction doctrine, transfer, TRUTH
Posted in Corruption, discovery, evidence, legal standing, Pleading |

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 […]

Tags: “Active” Trust, active trustee, clerk's default, debt, default, money, standing, transfer, trust, US BANK
Posted in Corruption, discovery, evidence, Servicer |

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]

Tags: bankruptcy court, BAP, Circuit Court of Appeals, district court, healthcare, infrastructure, jurisdiction, PHH v Sensenich, Statistics
Posted in discovery, evidence, legal standing, Motions, Pleading |