Archive for 'discovery' Category
While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan — something revealed by the usual game of musical chairs that the banks use to confuse and obscure the […]
10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, […]
The bank playbook is very simple: keep it as complicated as possible. That way the court and even the homeowner will come to rely on what the banks and so-called servicer say about names, places, documents and money. That’s how they sold the initial fraudulent MBS and around 10 million foreclosures. If you had a […]
“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually […]
Glitch in the fabrication and forgery of documents left counsel for the “trust” without an original allonge. They tried to use a copy. What is surprising is that they appealed. US Bank v Kachik Case 4D16-1776 Get a consult and Chain of Title Analysis! Call 844.583.5339 see also http://www.lexology.com/library/detail.aspx?g=18c9adcb-5683-4074-addd-88fd62c2f95d * In Florida and most states […]
It is supreme irony that individual scam artists are being prosecuted for false representations and deed theft — while the the institutional scam artists on Wall Street did the same thing raking in trillions of dollars, without a whiff of criminal prosecution. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS […]
By the Lending Lies Team Fannie Mae and Freddie Mac have introduced a new loan modification option called Flex Modification. This program replaces HAMP (Home Affordable Modification Program), the Standard Modification, and the Streamlined Modification. On paper, it’s designed to reduce monthly payments for troubled borrowers. In practice, it may also serve another purpose: to […]
So you just received that dreaded letter in the mail announcing that a loan servicer who likely never loaned you a dime is going to foreclose on your home. Your adrenaline rockets through your veins, you go into Fight or Flight mode and at some point you say, “Holy sh*t- what do I do now?” […]
All of these adjectives describing securitization add up to one thing: the claims were false. For the most part none of the securitizations ever happened. And that means that the REMIC trusts never purchased the debt, note or mortgage. And THAT means the “servicer” claiming the right to administer a loan on behalf of the […]
The Preservation Letter: A Critical First Step One way to establish that the records are incomplete is through a preservation letter. A properly drafted preservation letter demands that the servicer or foreclosing party retain and produce all records, communications, and documents relating to the loan. Once sent, follow up with discovery requests (interrogatories, requests for […]
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