The question should not be the bipolar question of who gets a “free house,” with the answer being the borrower or a party claiming entitlement to enforce. The question should be how to create a new equitable and legal infrastructure to clean up the mess that the banks created without unnecessarily penalizing either the investors […]

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

A recent decision from the 1st Circuit of the U.S. Court of Appeals applying FRE 803(6) states the current law — whether you like it or not. Pretending these decisions don’t exist or trying to avoid them is both pointless and highly likely to undermine your credibility in any other narrative or argument. Note that […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, Motions, Servicer |

The wording of the decision strongly suggests that whether the claimant is US Bank, Deutsch or BONY Mellon et al, the third party who is actually paying the lawyer must be disclosed — at least if the homeowner asks. Given the nature of the role that the alleged Trustee plays — i.e., none except to […]

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

Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be a trustee of a name that is then treated as though it was trust or REMIC Trust. If you look closely, the name is word salad, containing references or names to […]

Tags: BoNY-MELLON, court costs, Deutsch, LaSalle bank, recovery, trust, trustee, US BANK
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, Pleading, securities fraud, Servicer |

Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued. For nearly all loans the central command was Lender Processing Systems, aided by […]

Tags: Black Knight, Docx, LPS, US BANK
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

What Is an Allonge? An allonge is an additional sheet of paper firmly attached to a promissory note to provide space for endorsements. It is only necessary when there isn’t enough room on the note itself. Key elements for a valid allonge: It is separate from the note but permanently affixed. It contains endorsements (or […]

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

References to sales of loans and servicing rights are usually merely false assertions to distract homeowners and lawyers from looking at what is really happened. By accepting the premise that the loan was sold you are accepting that the loan was (a) real and (b) owned by the party who was designated to appear as […]

Tags: audit, Black Knight, boarding process, Chase, DEUTSCHE BANK, Long beach, LPS, Reynaldo Reyes, Servicing transfers, WAMU
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

NOTE: This case reads like  law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that […]

Tags: allonge, assignments, Cannela decision, debt, DEED OF TRUST, endorsement, indorsement, Mortgage, note, Obligation, REMIC trustee, U.S. Bank
Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The issue is jurisdiction. Lawyers filed papers for AWL but AWL was dissolved as a corporation. The lawyers countered with the allegation, on appeal, that AWL was a fictitious name for Countrywide without specifying the location of CW. Hence no diversity of jurisdiction could be supported by the allegations in the notice for removal. The […]

Tags: 9TH CIRCUIT, america's wholesale lender, AWL, countrywide, diversity, jurisdiction, litigation privilege, remand, removal
Posted in foreclosure mill, legal standing, Motions, Pleading |

Attacks on technical deficiencies of assignments of mortgage is a great place to start, but it is not the finish line. This is a follow up with the radio show we did last week on cancellation of assignments of mortgage, and upon successful cancellation of the assignment(s), the further cancellation of the notice of substitution […]

Tags: Cancellation of assignment, cancellation of instrument, Cancellation of Lis pendens, cancellation of notice of default, cancellation of notice of sale, cancellation of notice of subsitution of trustee, dismissal of foreclosrue lawsuit
Posted in discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading |