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 |

Millions of dollars per month are being paid to foreclosure mills employing young attorneys who are probably not aware of the fact that they are participating in fraud, forgery, perjury, and fabrication. Even those who suspect that there are problems with the cases that they are filing wish to keep their jobs just as their […]

Tags: Attorney Misconduct, disciplinary rules, foreclosure, foreclosure mills, rules of ethics
Posted in Corruption, Eviction, securities fraud |

Three cheers for Chris Hayes on MSNBC. In his new show, ALL IN, last night he reported and editorialized on the mistakes of giving banks relief and “screwing” homeowners since 2008. On his show he had Elliot Spitzer who took the administration to task for not doing something before this time. And to top it […]

Tags: CBO, Chris Hayes, Congressional Budget Office, DeMarco, Fannie, Freddie, Obama, principal correction, principal reduction
Posted in Corruption, Eviction, evidence, Modification, Servicer |

Practice Note: Hearsay is not evidence and should not be used as the basis for any conclusion of facts that would support any conclusion of law. While the banks are extremely vulnerable to having all testimony and documents barred by the hearsay rule, this is ONLY true if the proper objection is made at the […]

Tags: business records exception, certification, competent witness, custodian of records, hearsay, Master Servicer, Motion IN Limine, OBJECTIONS, relevance, servicer, sub servicer, trustee, witness
Posted in Eviction, securities fraud |

Az becomes the second state in recent years to adopt gold and silver coin as legal tender. Utah was first. And over the years several successful experiments have occurred wherein a city or county issued its own currency. This should come as no surprise to sophisticated investors. while there is considerable historical support for leaning […]

Tags: Arizona gold standard, debt, DOW, housing
Posted in bubble, Corruption, Eviction |

WHY YOU SHOULD SIGN UP FOR MEMBERSHIP AND SEND A DONATION. GO TO THE HOME PAGE AND SIGN UP FOR BOTH: Every morning I read the recent cases, news articles and other blogs with an eye toward developing strategies and tactics that will get at the truth of the mortgage disaster. It takes hours and […]

Tags: considerataion, for value received, holder in due course. UCC, holders of note, illegal foreclosures, possessors of note, settlement, UNIFORM COMMERCIAL CODE, wrongnful foreclosures
Posted in Eviction, securities fraud |

Bloomberg Reports that the big banks are borrowing big time money using money market funds as source money for financing repurchase agreements. This stirs the obvious conclusion that the mortgage bonds — and hence the claim on underlying loans — are in constant movement making the proof problems in foreclosure proceedings difficult at best. The […]

Tags: Bloomberg, burden of persuasion, BURDEN OF PROOF, holder in due course, holder of note, MERS, modification, Mortgage, possessor of note, presumption, refinancing, repurchase agreements, settlement
Posted in Corruption, Eviction, securities fraud |

FLORIDA CITIZENS MUST CALL AND WRITE THEIR STATE SENATOR AND STATE REPRESENTATIVE PAY UP OR SHUT UP: FLORIDA BILL WOULD REQUIRE DEPOSITING MORTGAGE BALANCE INTO COURT REGISTRY EVEN IF THE PLAINTIFF IS NOT ENTITLED TO THE MONEY!! Under the guise of facilitating mortgage foreclosure litigation, the Florida state Senate is attempting to destroy the rights, […]

Tags: due process, Florida legislature, SB1666
Posted in Eviction, securities fraud |