THE BOTTOM LINE IS THAT CASE LAW IN VARIOUS CASES REPORTED IN THIS BLOG SHOWS THAT WHEN ONE INSTITUTION CONFRONTS ANOTHER, THE APPARENTLY INFERIOR LIEN BECOMES EITHER SUPERIOR, OR THE ONLY LIEN. CONDOMINIUM ASSOCIATIONS, HOMEOWNER ASSOCIATIONS TAKE NOTE: YOUR LIEN MIGHT BE WORTH THE ENTIRE HOUSE IF YOU FILE FOR A DECLARATORY ACTION RAISING THE […]

Tags: ASSOCIATION LIEN, HELOC, PRIORITY OF LIENS, Reg Z, SECOND MORTGAGE, table funded loans, truth in lending, UCC
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2006-Predatory Structured Finance-Christopher L. Peterson, U.of FLA-Legal Series This article makes three intellectual contributions to this national debate: First, it argues that the current notion of predatory lending has been cast too narrowly. Some of the businesses that sponsor securitization of residential mortgage loans are aware of and capable of preventing mortgage predation. Accordingly, the […]

Tags: CHRISTOPHER L. PETERSON, Predatory Structured Finance
Posted in Corruption, expert witness, foreclosure mill, Motions, Pleading, securities fraud |

EDITOR’s comment: Everyone seems to agree that nobody really knows the identity of the creditor in the millions of mortgage transactions that were created from 2001 to 2008. Yet the general consensus from the administration and the media is that these transactions should be enforced anyway. The idea of enforcing a transaction in which only […]

Tags: borrower, bull market, congress, creditor, David Streitfeld, fraud, fraudulent appraisals, fraudulent loan transactions, housing market, identity of the creditor, Investor, Ny Times, Obama, speculators, Wall Street
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Good Stuff —- Now we are working on a script. Comments invited including edits. Let’s get on the same page do what the pretender lenders are doing. We should have a common message that all the Judges hear from all the lawyers. HOW TO ARGUE FLORIDA ASSIGNMENT FRAUD TO JUDGES http://www.amartinezlaw.com In accordance with the […]

Tags: assignment, Florida, fraud
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COMBO TITLE and SECURITIZATION Search, Report, Documents and Comprehensive Analysis SUBSCRIPTION MEMBERSHIP WITH BENEFITS Credit Charles Koppa (Poppa Koppa) with putting me onto this. He does GREAT work. poppakoppa@hotmail.com. He’s not lawyer but I trust him more than I do most lawyers to get to the bottom of things. He’s kind like one of those […]

Tags: Auction, Charles Koppa, credit bid, Dan edstrom, real parties, securitization search, title, title search, void title
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My only comment is that this is an excellent piece of reporting by Bernstein and Eisinger at ProPublica that should be read and used as the basis for understanding what is going into your legal memorandums across the country. GREAT JOB!! 2010/08/29 at 1:52 am The Wall Street Money Machine Banks’ Self-Dealing Super-Charged Financial Crisis […]

Tags: Banks’ Self-Dealing Super-Charged Financial Crisis, Jake Bernstein, Jesse Eisinger, Propublica, The Wall Street Money Machine
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In my June 3, 2008 decision and order in this matter, I granted leave to plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, [*2]SERIES 2006-OC1 (BNY), to renew its application for an order of reference within forty-five (45) days, until July 18, 2008, […]

Tags: bank of new york, BONY, CWALT, Denise Mulligan, MERS, shack
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Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is […]

Tags: affidavit, evidence, Florida, judges, motion for summary judgment, Rules
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Foreclosure Crisis New strategy attacks validity of affidavits August 26, 2010 hen it comes to fighting foreclosures, homeowners and their lawyers may have found a new strategy to score courtroom victories. Defense lawyers across the state are increasingly attacking the validity of affidavits that owners of notes must file with the courts as part of […]

Tags: affidavits, DUSTIN ZACKS, evidence, Florida, ICE LEGAL, Paola Iuspa-Abbott
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

THIS IS FROM REUBEN NIEVES. IT IS A GOOD PIECE OF WORK AND HE WANTS COMMENTS AND CONTRIBUTIONS. HE HAS A FINELY MADE POINT HERE AND IT IS SELF-EXPLANATORY. I have always said that the power of sale raises constitutional questions — namely, that no  person should be deprived of life, liberty or property without […]

Tags: 14th Amendment and Due Process, due process, foreclosure, power of sale, rueben nieves, slavery
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