Archive for 'discovery' Category
Jun 18, 2020

In the world of pretend REMICs, there can be no debate that investors who buy “certificates” are unsecured creditors of the investment banks and that investment banks are not legally creditors of homeowners. So why are we allowing investment banks to administer, collect and enforce homeowner obligations? This has been my point from the beginning […]

Jun 15, 2020

Like citizenship in this country litigation is not easy. We keep banging our heads against the same wall expecting a different result. We need a strategy that directly addresses the inescapable realities of every homeowner transaction and every securitization cycle. My substantive analysis of the transaction is that the homeowner was drafted into a securitization scheme […]

Jun 12, 2020

The problem is that while most people think everyone has been bought off, and to a certain extent that is true, the real problem is that the clever plan of securitization is so counter-intuitive that nobody believes the truth that is in plain sight. The reason for fabricated documents is that there were no transactions, […]

Jun 10, 2020

Disclaimer: This article is for educational purposes only and not legal advice. Always consult a licensed attorney before acting on foreclosure matters. The Myth of the Servicer Most companies claiming to be mortgage servicers are not truly servicing loans. Instead, they act as “clients” of Black Knight, which operates as the central hub of the […]

Jun 9, 2020

Governor Ron DeSantis (R) Florida, issued a new order extending the moratoriums on foreclosures and evictions. * The investment banks on Wall Street like this turn of events because they no longer need to lie orally to homeowners in order to get them to fall behind in payments. Their goal is foreclosure and eviction mostly […]

Jun 8, 2020

Francesca Mari in the JUNE 11, 2020 ISSUE of The New York Review of Books, has written a truly excellent piece on a book called “Homewreckers” by Aaron Glantz.  If you ever had any doubt about whether homeowners have the moral high ground and whether the investment bankers have no moral or legal grounds for […]

Jun 5, 2020

A sham affidavit is one that asserts facts that are inconsistent with facts alleged in pleadings or previously proffered in discovery, prior affidavit or proffered documents. This happens a lot in foreclosure cases when foreclosure mills file motions for summary judgment. They often casually change the claimant by reference or name adding some power of […]

May 29, 2020

As long as you continually attack the sub silentio assumptions of the court, you will be weakening the case against you for foreclosure. Failure to do so means almost certain failure. Foreclosure is considered a draconian remedy equivalent to capital punishment. All US jurisdictions have adopted as a matter of law and public policy (Article […]

May 26, 2020

The single basic tool of the investment banks, who are secretly running the whole foreclosure show, is musical chairs. By rotating the players they can successfully bar the courts and the litigants from knowing or pinning down who is real and what is real. All of that ends if you sue the investment bank. Look […]

May 25, 2020

Answering your question requires tracing the convoluted strategy of the investment banks.  Start with the proposition that each player is one of the separate business entities involved in the securities plan that claimed to “have” your loan in some manner, shape or form. Next go to the fact that the creditor role was extinguished in […]