When a judge looks carefully at the record, the bank loses. The use of Deutsch’s name in the style of the case still shows that Judges are considering the Plaintiff to be the named “Trustee” instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do […]

Posted in discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Florida 4th DCA Opinion: In this mortgage foreclosure case, the underlying mortgage was passed around like the flu, giving rise to a complexity of ownership that frustrated the appellee’s attempts to demonstrate standing at trial. To the answer brief, the appellee attached a chart of the ownership lineage of the mortgage and note, with different […]

Tags: Christiana Trust, Goshen Mortgage, Stanwich Mortgage Loan Trust, Wilington Savings
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Pleading |

YOU NEED AN INFINITE NUMBER OF BASES AND PLAYERS TO PLAY BALL WITH THESE GUYS: The Trustee controls the trust as trustee. Oops, wait, it is the Master Servicer who has all the control. No, wait again, it is the subservicer who has the right to administer the loan. But actually if there is an alleged […]

Tags: Wells Fargo Bank
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, Modification, Servicer |

This is a blatant attempt at deception  — a deceit without which none of the Trusts would be recognized as legal entities much less the owner of loans. Ocwen is admitting that there is no single owner of the loan it is allegedly “servicing.” “There is no single owner of the account, but rather the […]

Tags: Ocwen, ownership of loan
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, legal standing, Modification, Servicer |

What is surprising about this case is that there was any appeal. The trial court had no choice but to dismiss the foreclosure claim. A copy of the note without an indorsement was attached to the complaint. This leads to the presumption that the indorsement was attached after the complaint was filed. Standing must be […]

Tags: Deutsch Bank, Impact Funding, PSA, robo-witness, SEC website, Wells Fargo Bank
Posted in Corruption, discovery, evidence, legal standing, Servicer |

Like the infamous NINJA loans, the REMICs ought to be dubbed NEITs — nonexistent inactive trusts. The idea of switching lenders without permission of the borrower has been accepted for centuries. But the idea of switching borrowers without permission of the “lender” had never been accepted until the era of false claims of securitization. This […]

Tags: Adam Levitin, fake securitization, money, NEIT, real parties in interest, REMIC, single transaction doctrine, transfer, TRUTH
Posted in Corruption, discovery, evidence, legal standing, Pleading |

This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee.  This “Advisory” shows that there are documents that are rarely in the limelight and that clarify claims of […]

Tags: Advisory, authority, Deutsch Bank, Deutsch Bank Deutsch Bank Trust Company Americas, Deutsch Bank National Trust Company, First Servicer Memorandum, NEIT, REMIC, securitization transactions, trust, trustee
Posted in Corruption, evidence, foreclosure mill, Servicer |

Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court’s error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any […]

Tags: beneficiaries, certificate holders, certificate indenture, II, JOHN G. RICHARDS, Trust Assets, US BANK
Posted in Corruption, evidence, legal standing, Modification, Servicer |

CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they […]

Tags: “Active” Trust, active trustee, clerk's default, debt, default, money, standing, transfer, trust, US BANK
Posted in Corruption, discovery, evidence, Servicer |

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]

Tags: bankruptcy court, BAP, Circuit Court of Appeals, district court, healthcare, infrastructure, jurisdiction, PHH v Sensenich, Statistics
Posted in discovery, evidence, legal standing, Motions, Pleading |