A sham affidavit is one that asserts facts that are inconsistent with facts alleged in pleadings or previously proffered in discovery, prior affidavit or proffered documents. This happens a lot in foreclosure cases when foreclosure mills file motions for summary judgment. They often casually change the claimant by reference or name adding some power of […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Motions, Pleading, Servicer |

As long as you continually attack the sub silentio assumptions of the court, you will be weakening the case against you for foreclosure. Failure to do so means almost certain failure. Foreclosure is considered a draconian remedy equivalent to capital punishment. All US jurisdictions have adopted as a matter of law and public policy (Article […]

Tags: litigation immunity, litigation privilege
Posted in Corruption, discovery, Fabrication of documents, legal standing, Servicer |

So the “RMBS” industry is pushing for “economic relief” in the Pandemic. If they get it, it will be another windfall for Wall Street and investment bankers will go from laughing to convulsing in the privacy of their board rooms. The Wall Street Journal published an article yesterday on how the mortgage market is not […]

Tags: mortgage loan defaults, risk assessment, RMBS
Posted in Corruption, evidence, expert witness, Fabrication of documents, legal standing, securities fraud, Servicer |

The single basic tool of the investment banks, who are secretly running the whole foreclosure show, is musical chairs. By rotating the players they can successfully bar the courts and the litigants from knowing or pinning down who is real and what is real. All of that ends if you sue the investment bank. Look […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Motions, Servicer |

Answering your question requires tracing the convoluted strategy of the investment banks.  Start with the proposition that each player is one of the separate business entities involved in the securities plan that claimed to “have” your loan in some manner, shape or form. Next go to the fact that the creditor role was extinguished in […]

Posted in discovery, Fabrication of documents, legal standing |

In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures. Second […]

Tags: Authority over loan, false claims, FDCPA, Foreclosure moratorium, ownership of loan, RESPA, servicer fraud
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, Servicer |

The most obvious places to look for correction in the illegal conspiracies masquerading as securitization of residential debt were the IRS , the SEC, the FDIC and the FTC and probably later the CFPB. Qui tam (whistleblower) actions were regularly dismissed because the agency that lost money due to false claims rejected the notion that […]

Tags: CFPB, FDIC, FTC, investment bank, REMIC, RMBS, SEC, trust
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud, Servicer |

Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. The problem is not the judges. The problem is the lawyers who walk into court believing that the loan is real, claimant is real, the claim is real and that they are only looking for technical ways to get their client out of a […]

Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Motions, Pleading, securities fraud |

Just because a power of attorney appears to be facially valid doesn’t  mean that it IS facially valid, nor that it is substantively valid. Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. Powers of Attorney are part of the strategy engineered by investment banks on Wall Street. Here is the problem with […]

Tags: Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, securities fraud, Servicer |

STOP ADMITTING THINGS YOU KNOW NOTHING ABOUT. STOP USING WORDS YOU KNOW NOTHING ABOUT. * OK so let’s address that. It is quite natural to think that in ordinary circumstances that a loan was made and therefore some amount of money is due to somebody. So how do we address that natural bias? Allow me […]

Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, Pleading, Servicer |