For quite some time, the courts have struggled with the concept of primary liability for a lying liar and secondary liability for a liar who passes on the lie knowing that it was a lie. Scotus, in the Lorenzo decision has now said that is a distinction without a difference. It is not a secondary […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, securities fraud, Servicer |

Think of it this way: If someone wrote you a check for $100, which would you do? (1) make a digital copy of the check and then shred it or (2) take it to the bank? Starting with the era in which banks made what is abundantly clear as false claims of securitization the banks […]

Tags: DESTROYED NOTE, Elizabeth Warren, Florida bankers Association, Florida Supreme Court, Katie Porter, lost note, pretender lenders
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, Servicer |

Amongst the constant placement of article promoted and paid for by the banks that celebrate our supposed recovery from the mortgage meltdown is a new spate of articles that say otherwise. Rather than recovering we have merely papered over the problem allowing the banks to do it again. And worse, I would add, is the […]

Tags: CLS, Collateralized Loan Obligations, William D Cohan
Posted in Corruption, Fabrication of documents, foreclosure mill, securities fraud, Servicer |

If you are going to challenge a foreclosure or sue for wrongful foreclosure and fraud, you need to know what you are doing and know what your opposition has been doing. You also must know what to do about it because knowing is not enough. You need to convince a judge who starts from a […]

Tags: drafting, TRUTH
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |

Departing from my usual format, there are a few things I want to say to people who are looking for relief from foreclosure and are hearing what they want to hear. ONLY A COURT ORDER CAN STOP A FORECLOSURE. THERE ARE NO EXCEPTIONS YOU CAN’T GET A COURT ORDER UNLESS YOU FOLLOW THE RULES AND […]

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

By using the methods of magicians who distract the viewer from what is really happening the banks have managed to hoodwink even the victims and their lawyers into thinking that collection and foreclosure on “securitized” loans are real and proper. Nobody actually stops to ask whether the named claimant is actually going to receive the […]

Tags: ABS, AIG, CERTIFICATES, derivatives, Fitch, Goldman Sachs, MBS, Moody, securitization, Servicer advances, Standard and Poor
Posted in Corruption, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

The simple fact is that the REMIC trusts do not exist in the real world. The parties named as trustees — e.g. US Bank, Deutsch, BONY/Mellon — are trust names that are used by permission through what is essentially a royalty agreement. If you are dealing with a trust then you are dealing with a […]

Tags: BONY, community banks, Deutsch, HSBC, LaSalle bank, Mellon, risk assessments, US BANK, Zuni
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Servicer |

Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no  right to be in court, to collect, to issue notices or initiate foreclosure.  …when you refer to the default, you should refer to it as a false claim […]

Tags: BoNY-MELLON, default, Deutsch, notes, principal, recovery, security, transfer, TRUTH, US BANK
Posted in Corruption, evidence, Fabrication of documents, foreclosure mill, Servicer |

Proving that an instrument is unenforceable does not void the instrument unless it is unenforceable by anyone. Better to prove that it should never have been written. DONATE to LivingLies Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check us out […]

Tags: conveyance of interest in real property, enforceability, TRUTH, void deed, Washington DC Statutes
Posted in Corruption, discovery, evidence, Fabrication of documents, Pleading, Servicer |

For ten years, Gary Dubin in Hawaii has been practicing law defending homeowners from foreclosure. He has preached his own version of how to combat foreclosure fraud. And he has practiced what he preached. I find his work enlightening and refreshing. So when I read his Proposed Mortgage Integrity Act (MIA) I decided to republish […]

Tags: derivatives, gary dubin, judicial oversight, shadow banking
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |