“Given the current environment where robo-signing became institutionalized as a practice even though it is the equivalent of forgery and where fabrication of documents by law offices and “document processors” were prepared according to a published menu of prices, why would anyone, least of all a court of law, apply general principles surrounding presumptions when […]

Tags: assignment, Bank of America pays $ 1.2 Billion, burden of pleading, BURDEN OF PROOF, countrywide, creditor, discovery, fraud in origination of loan documents, fraud in sale of loan documents, legal presumptions, validity of an instrument
Posted in Corruption, discovery, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

With stories like this, we know that there are settlements, but we don’t know the terms. Just like the confidential settlements with homeowners that occur every day, we never hear the terms of settlement. The issue is whether the banks are being forced to either pay for the losses they created by writing bad loans […]

Tags: admission against interest, balance due from borrower, BlackRock, creditor's accounts, discovery, MASTER REPURCHASE AGREEMENT, Repurchase
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Hat tip to Ken McLeod and to Ron Ryan who argued endlessly that the former ruling was wrong in Arizona. Ron Ryan is a good lawyer and Ken McLeod is a good investigator. Both have years of experience investigating, analyzing and fighting illegal foreclosures. Courts are catching on and as I have predicted, the ultimate […]

Tags: BURDEN OF PROOF, home mortgages, Merritt v Countrywide, rescission, table funded loans, tender
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |

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 […]

Tags: actual creditor, documentation without loan, loan without documentation, proprietary trading, standing, tier 2 premium, volcker rule
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as “Quite Title”). The purpose of this article is to add some context to the discussion and some reasons for my […]

Tags: cancelation of instrument, HOLDER, holder in due course, holder with rights to enforce, NULLIFICATION OF INSTRUMENT, quiet title, Romero, statute of limitations, statute of repose, SunTrust
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Motions, Pleading, securities fraud, Servicer |

The general practice of the servicers and trustees is to disclose a list of as many as 35 possible witnesses so that the Defendant homeowner cannot possibly perform due diligence investigation, deposition etc. The Judges got wise to this and agreed that disclosing 35 witnesses, 34 of whom you do not intend to call, is […]

Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

For the last few weeks I have been harping on the concepts of holder in due course, holder with rights of enforcement, and holder. They are all different. The challenge in court is to get them treated as different in Court as they are in the statutes. The Banks knew through their attorneys that the […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that […]

Tags: accleration notice, amount due, end of month statement, evidence, HDC, HOLDER, holder in due course, Notice of Default, offset, PSA, reinstatement notice, relevance of PSA
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Bosco, damages to homeowner, findsen, Hager, MERS, quiet title, slander of title, splitting note and mortgage, Stauffer, wrongful foreclosure
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |