Archive for 'evidence' Category
Dec 11, 2018

Bottom Line: TILA Rescission is looming as a major risk factor to banks and investors who were not informed about the risk of TILA Rescission. The oddity is that the investors were not purchasing the loans and in fact agreed to replace the income stream from borrowers with an income stream from a fake trust. […]

Dec 4, 2018

The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue. The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc. BUT the major […]

Nov 20, 2018

In answer to a number of very similar questions about the paid services we provide on www.lendinglies.com regarding the subject of Discovery, I submit the following: * The TERA will definitely give you narrative from which you can cut and paste questions or at least ideas on what questions you could ask in discovery. But […]

Nov 19, 2018

The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use […]

Nov 12, 2018

The bottom line is that the loans themselves were fatally defective in terms of the loan documents. The money was delivered but not by the named “lender” nor anyone in privity with the named lender. At all times nearly all of the loans were in actuality involuntary direct loans from investors who had no knowledge […]

Nov 7, 2018

The take-away is that modifications are a scam to either steal the loan or force homeowners into foreclosure. If the modification is seen as completed, the loan has been stolen  because the creditor has become a new and different party than anyone in the chain of title to the mortgage deed. If the modification is […]

Nov 2, 2018

This is an insider case filed in April 2018. The ironic aspect of this case is the probability that Nationstar probably does not have standing. But that aside, for those who remain skeptics about what I have been writing about, here is an unexpurgated recitation of all the ways that all the loans, debts, notes […]

Oct 31, 2018

There is no doubt in the minds of most serious trial lawyers who dig deep enough that homeowners can and should win all or most of the foreclosure cases. There is also little doubt that homeowners will lose by default or by inadequate presentation and well-founded attacks on the foreclosing party’s existence and ownership of […]

Oct 9, 2018

The Common Misconception About Notes and Debt For most people—including lawyers and judges—the concept of endorsing a promissory note and delivering the “original” means only one thing: The note is evidence of the debt. Under the merger doctrine, the transfer of the note equals transfer of the debt. Therefore, the transferee “owns” the debt. Banks […]

Aug 6, 2018

I have been getting the same questions from multiple attorneys and homeowners. One of them is preparing a brief to the U.S. Supreme Court on rescission, but is wondering, as things stand whether she has any right to sue for damages. When our team prepares a complaint or other pleading for a lawyer or homeowner […]