Archive for 'evidence' Category
Lawyers for homeowners are probably contributing to the confusion that the banks bring to the table. And Judges, despite the clear evidence in the public domain that the banks committed millions of illegal acts, nevertheless take the word of banks over the word of a homeowner. Let us help you plan your rescission strategy: 202-838-6345. […]
Again we return to the issue of rescission under TILA. And again I am correcting the mistaken view that the grounds for sending the notice of rescission must somehow be established before sending it, which is another way of saying that the rescission can be ignored if the proper disclosures were made. That is not […]
Consummation vs. Closing: Why Foreclosure Courts Get It Wrong Disclaimer: This article is for educational purposes only and is not a substitute for legal advice. Always consult with a licensed attorney in your jurisdiction. Call us today at 844.583.5339Submit your case statement online for a complimentary recommendation. The Problem: Courts Ignore Basic Contract Law In […]
It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear — yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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