Archive for 'legal standing' Category
At what point does a final decision of SCOTUS actually mean anything? When confronted with TILA rescission, virtually all lower courts, state and federal, have taken up legislating from the bench, essentially over-ruling the Supreme Court of the United States (literally legally impossible). Agree or disagree — everyone has that right. But to obey or […]
Pretender lenders are going to cite this case as support for the idea that the note and mortgage can be separated and that either one can be the basis of a successful foreclosure. They will rely on the “exception” implied in the court decision wherein the owner of the note has an agency relationship with […]
Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” […]
Trustee Issues in Foreclosure Litigation: Jurisdiction and Discovery At the heart of many foreclosure cases lies a simple but critical question: does the trust exist, and if so, does it own the debt? If the named “trust” does not legally exist, it cannot bring or maintain a foreclosure action. Likewise, if the named trustee is […]
Are Assignments Based Upon Aggregated Pools Real? Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays East-West: Charles Marshall California Attorney co-hosts the discussion The bottom line is that the courts are not accepting denials of assertions or allegations by the foreclosing party. The courts are […]
Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow. And that is the point here. They came to court without evidence and in this case the court turned them away. […]
Thousands of cases like this one have pointed out that SPS and other servicers like Ocwen do not consult with any investor, do not evaluate the case for settlement, modification or mitigation. The answer to questions arising from the unwillingness of those companies to comply with law stems from the fact that the vast majority […]
The bottom line is that there are no financial transactions in today’s securitization schemes. There is only fabricated paper. If you don’t understand the DDP, you don’t understand “securitization fail,” a term coined by Adam Levitin. GET A CONSULT GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report […]
Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales. The explanations of securitization contained on the websites of […]
How Black Knight LPS and LoanSphere Control Mortgage Data—and Why Errors Matter Black Knight LPS and its LoanSphere platform sit quietly behind the scenes of millions of mortgage accounts, yet few homeowners understand how much control these systems have over loan boarding, invoicing, and servicing decisions. When a loan is transferred, modified, or pushed toward […]
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