Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone […]

Tags: evidence, foreclosure defense, hypothecate, original mortgage, original note, personal knowledge, recorded, securitization, transfer
Posted in Eviction |

From: Whitman, Dale …. UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor’s Note: This is exactly what happened in a […]

Tags: assignments, authority, Dale Whitman, delivery of note, foreclosure defense, MERS, negotiable instrument, recording, servicer, subprime mortgages, UCC, Whitman
Posted in Eviction |

It is my opinion that the victims of the enormous fraud includes even those who are not yet delinquent in their mortgages or even those who will never be delinquent. In any event, the following applies to those in trouble, not yet in trouble or who want to make trouble. The players in the fraud […]

Tags: attorneys, auditors, disclosure, ERRORS AND OMISSIONS, good faith estimate, letter to lender, predatory lending, usury
Posted in bubble, Eviction |

the only way this is going to get “resolved” is that homeowners who fight, will probably get clear title to their homes, the mortgage will be removed as an encumbrance, the debt is extinguished, and the owners of asset backed securities get paid, if they fight, by the parties in the chain of securitization, their […]

Tags: Chairman, FDIC, foreclosure defense, mortgage meltdown
Posted in Eviction |

Mortgage ruling could shock U.S. banking industry Mon Jun 30, 2008 8:14pm BST By Gina Keating – Analysis LOS ANGELES (Reuters) – A lawsuit filed by a Wisconsin couple against their mortgage lender could have major implications for banks should a U.S. appeals court agree that borrowers can cancel their loans en masse when their […]

Tags: Adelman, bundled, Chevy Chase Bank, countrywide, Demet, foreclosure defense, fraud, investment vehicles, lending fraud, mortgage lender, rescission, truth in lending, Wisconsin
Posted in Eviction |

AUDITS, REPORTS AND DEMANDS DO NOT STOP NOTICES OF SALE, FORECLOSURES, JUDGMENTS, SALES OR EVICTIONS. ONLY AN ORDER ENTERED BY A JUDGE OF COMPETENT JURISDICTION CAN HAVE THAT EFFECT. Our objective is to get to as many people as possible who were or are effected by the mortgage meltdown practices between 2001-2008. We are allowing […]

Tags: AUDITS, foreclosure defense, TILA audit, UPL
Posted in Eviction |

FLORIDA GETS PECULIAR AGAIN: It was about 40 years ago that a decision out of a Florida court or a statute passed by the Florida legislature was taken to mean nothing in terms of precedent or national law. After that they passed many laws and created many court decisions that served as models for the […]

Tags: constitution, due process, Florida, foreclosure defense, lawyers, legislature, lenders, Republican
Posted in Corruption, Eviction |

GO LAWYERS GO!!! — OHIO PRECEDENT TAKES HOLD AND SPREADS Lawyers’ tactic slows rate of forfeited houses in New Jersey Posted by kcocuzzo June 25, 2008 00:05AM Aaton Houston/For the Star-LedgerBill Daddio and Theresa Scilla, who live in Matawan, avoided a sheriff’s sale of their home when their lawyer challenged the bank trustee’s right to […]

Tags: Center for Social Justice, Community Financial Services, David Kaplan, Essex County, foreclosure defense, lawyers, Linda Fisher, Monmouth County, New Jersey, Ocean County, OHIO PRECEDENT, Passaic County, Rob Napolitano, trustee, U.S. District Court Christopher Boyco
Posted in Eviction |

WHEN WAS THE LAST TIME YOU HEARD ABOUT A BUNCH OF UNSOPHISTICATED, POORLY EDUCATED, SOMETIMES NON-ENGLISH SPEAKING PEOPLE SCATTERED OVER 50 STATES GETTING TOGETHER TO DEFRAUD THE POWERFUL FINANCIAL INDUSTRY ON WALL STREET? We can all agree that there is enough blame to go around for everyone — from government and the financial industry, down […]

Tags: American values, appraisers, conservatism, foreclosure defense, fraud, Honesty, integrity, Lender Liability, mortgage brokers, real estate brokers, Wall Street
Posted in bubble, Corruption, Eviction |

They don’t have it all, but reading the complaint and getting copies of discovery and motions will help anyone contesting the foreclosure and of course, going further to the main target: HAVING THE MORTGAGE ENCUMBRANCE REMOVED FROM THE PROPERTY AND ELIMINATING LIABILITY ON THE NOTE. THIS IS GOOD NEWS BUT DOES NOT GO FAR ENOUGH. […]

Tags: attorney general, CALIFORNIA, countrywide, foreclosure defense, foreclosure offense, predatory lending
Posted in bubble, Corruption, Eviction, securities fraud |