From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from […]

Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, Motions, Servicer |

Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff […]

Tags: judicial notice
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Servicer |

The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and […]

Tags: financial loss, homeowner as issuer of securities, illusion of sale of underlying obligation, mortgage lien
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, securities fraud, Servicer |

Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. Why This Case Matters The case of DreamBuilder Investors v. MERSCORP Holdings, Inc. offers important clues for how to: Sue MERS directly, and Demand discovery from MERS (as either a party […]

Posted in Fabrication of documents, foreclosure defenses |

The State of New York, along with many other states are struggling with problems arising from an array of legal fictions created by the courts to justify claims for administration, collection, and enforcement of virtual debts (instead of actual debts in the real world). These attempts violate the constitutional separation of powers under the Federal […]

Tags: foreclosure defense
Posted in Corruption, Fabrication of documents, foreclosure defenses |

since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. […]

Tags: TRID
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |

when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated “servicer” are not business records that are not exempt from the hearsay rule, the poop will hit the fan. I received multiple emails from lawyers and homeowners who were confused when […]

Tags: CFPB
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Servicer |

One of my constant comment contributors recently informed me and others that she was trying a new tack. She writes “My attorneys are making a demand that any refi money be placed with the Court and that the judge decides who he wants to pay.” This is very close to an Interpleader action which is […]

Posted in Corruption, discovery, evidence, Fabrication of documents, Motions, Pleading, Servicer |

(Once again, because of minor medical issues I decline to do the Neil Garfield Show. I offer this instead) It is easy to get lost in the weeds. Don’t make up your own words or definitions because your definitions have no relevance to your case. Do hold the accusing side to their words and to […]

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

The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first thing you need to know about Foreclosure is that it is only about money. If you have the […]

Tags: Article 3 UCC, article 9 UCC
Posted in Corruption, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |