IMPORTANT PRACTICE NOTE: The use of the doctrine of estoppel on the facts presented in this article is only a temporary solution. If a representative of the bank told you to stop paying and then declared you in default and foreclose  it is unfair and that is exactly why we have the doctrine of estoppel. […]

Tags: agency and principal, competent witness, foreclosure, fraud, Instruction not to pay mortgage payment, modification of mortgage loan, proof of authority to represent, proof of loss, proof of ownership, proof of payment, settlement of disputed claims in mortgage transactions, short sale of real property, Subpoena
Posted in Corruption, Eviction |

see https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ “The administrator of the estate of Larry Delassus sued Wells Fargo, Wachovia Bank, First American Corp. and others in Superior Court, for wrongful death, elder abuse, breach of contract and other charges. Delassus died at 62 of heart disease after Wells Fargo mistakenly held him liable for his neighbor’s property taxes, doubled his […]

Tags: delassus, foreclosures, fraud in the execution, fraud in the inducement, intermediaries, loan acquisition, loan defaults, loan origination, mistakes in foreclosures, mortgage bonds, mortgage payments, overpayment, property taxes, table funded loans, TILA, Wells Fargo
Posted in Corruption, Eviction, expert witness, securities fraud |

FOR QUALIFIED INVESTORS ONLY: HEDGE FUND TO CALL THE BLUFF OF PRETENDER LENDERS LISTEN TO NEIL GARFIELD INTERVIEW ON PIGGYBANK http://piggybankblog.com/2010/09/09/donations/ see https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the […]

Tags: hedge fund, money trail, paper trail, proof of loss, proof of ownership, proof of payment, U.S. Bank, Wall Street Banks
Posted in Eviction, evidence, expert witness, securities fraud |

It is encouraging that Obama is the police trying to get the housing and foreclosure situation resolved. But he is starting from a premise that is faulty just as Florida and other states are passing legislation from a similar premise, to wit: that the blame for title corruption, litigation and the court that is clogging […]

Tags: acquisition, credit bid, debt, foreclosure, loan, Mortgage, note
Posted in Corruption, Eviction, securities fraud |

This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there […]

Tags: admissions, allegations, Amina v Bank of New York Mellon et al Civil No. 11-00714 JMS/BMK, bank of new york, debt, default, evidence, foreclosure, JP Morgan, Mellon, Mortgage, note, PROOF, quiet title, sale of loan, securitized pools, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |

by Danielle Kelley, Esq., Senior Partner, Garfield, Gwaltney, Kelley and White: I moved to dismiss two cases on several grounds – one that the allonge was not “firmly affixed”.  This will become an issue as the banks scramble to file pleadings under HB87 that show they have the Note.  The 1st DCA has now admitted […]

Tags: allonge, assignment, Danielle Kelly, endorsement
Posted in Corruption, Eviction, securities fraud |

It might seem to many that the industry is blind to title problems caused by false claims of securitization or even real claims based upon securitization. It might also seem that there is nothing about which you can litigate when it comes to HAMP and HARP modifications. The big seminar promoters are offering a gaggle […]

Tags: breach of contract, consideration of modification, deed in lieu of foreclosure, fraud upon the court, HAMP litigation, modification, notice to creditor, SEMINARS, short sales, title defects
Posted in Corruption, Eviction, securities fraud |

In a case that is bound to be watched and probably the first of many to come, a Federal Judge found that the constitutionality of the greased lightening judicial sale is probably unconstitutional and cancelled the sale of a home in foreclosure. U.S. District Judge William Martinez issued a preliminary injunction against the sale of […]

Tags: access to the courts, assertions by attorney for bank, Colorado, constitutionality of foreclosure statute, due process, evidence, US District Judge William Martinez
Posted in Eviction |

At the end of the day everyone knows everything. If you start with the premise that the securitization of debt was a farce and that the necessary element of the false securitization of mortgage loans was the foreclosure of those loans, then you move one step closer to understanding the mortgage and foreclosure mess and […]

Tags: arithmetic, Bank of America, capital requirements, FDIC, multistate settlement, New York Atty. Gen., violations, Wells Fargo
Posted in Corruption, Eviction, securities fraud |

NOTE IF ANYTHING, THIS DEPOSITION PROVES THE NEED FOR AN EXPERT FORENSIC COMPUTER ANALYST TO ASSIST IN DISCOVERY AND PERHAPS EVEN PLEADING. THAT IS WHY MY LAW FIRMS AND OTHERS ARE CREATING ALLIANCES WITH LAWYERS WHO HAVE EXPERIENCE IN BOTH THE PRACTICE OF LAW, LITIGATION AND DETAILED KNOWLEDGE ABOUT WHAT TO LOOK FOR, HOW TO […]

Tags: Assignment and ASsumption Agreement, business records exception, competency of witness, FDIC, Florida, FORENSIC computer discovery, hearsay, JP Morgan Chase, merger agreement, NARDI DEPOSITION, personal knowledge, Washington Mutual
Posted in Corruption, Eviction, securities fraud |