Archive for 'Fabrication of documents' Category
The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching […]
The answer to this question depends upon the homeowner — not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable […]
It’s not the job of courts to save litigants from their own admissions. Here is a simple rule: if you admit the existence of the loan account receivable and you admit the rights of the servicer and the currently named claimant, you have no viable basis to challenge standing or enforceability. “Yes, but” doesn’t count […]
I’m often bewildered when people act surprised by what I’ve been documenting for years. Everything on my blog comes from hard data, legal proceedings, and administrative findings — not speculation. Yes, the system is corrupt. But here’s the reality: being right isn’t enough in court. If you step into litigation without understanding procedure and evidence, […]
Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers. Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]
It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so — nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that […]
People keep getting letters and they tend to treat the information as real simply because it is in writing. That is the nub of the Wall Street scheme — send out written communication and documents without regard to the truth and people will assume that the document or letter would not have been sent if […]
After a few extensions, the mortgage payment pause officially ended — or will be ending soon — for 1.2 million out of an estimated 1.7 million loans that remained in forbearance as of August, according to CoreLogic. Wall Street is busy churning out even more disinformation than before because they are trying to avoid a […]
PSA ≠ Trust Agreement: The “Bare Naked Title” Trap Driving Modern Foreclosures TL;DR: A Pooling & Servicing Agreement (PSA) is not a trust agreement. In many MBS foreclosures, only bare legal title is shifted—without any transfer of the underlying debt. Under UCC 9-203 (adopted verbatim in all U.S. jurisdictions), no one can enforce a mortgage […]
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