Archive for 'legal standing' Category
What is surprising about this case is that there was any appeal. The trial court had no choice but to dismiss the foreclosure claim. A copy of the note without an indorsement was attached to the complaint. This leads to the presumption that the indorsement was attached after the complaint was filed. Standing must be […]
Like the infamous NINJA loans, the REMICs ought to be dubbed NEITs — nonexistent inactive trusts. The idea of switching lenders without permission of the borrower has been accepted for centuries. But the idea of switching borrowers without permission of the “lender” had never been accepted until the era of false claims of securitization. This […]
Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court’s error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any […]
The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that […]
The bank playbook is very simple: keep it as complicated as possible. That way the court and even the homeowner will come to rely on what the banks and so-called servicer say about names, places, documents and money. That’s how they sold the initial fraudulent MBS and around 10 million foreclosures. If you had a […]
As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction, and it means something different to every entity,” Butchko ruled from the bench during a March 17 hearing. Ocwen does not verify any of the data. It downloads it and then “calls it […]
Banks use several ploys to distract the court, the borrower and the foreclosure defense attorney from the facts. One of them is citing a merger in lieu of presenting documents of transfer of the debt, note or mortgage. We already know that the debt is virtually never transferred because the transferor never had any interest […]
Walsh v. Bank of New York Mellon Trust: No Standing, No Foreclosure Editor’s Note: Mark Stopa, a highly skilled foreclosure defense attorney based in Tampa, Florida, handled this case. We also recommend his foreclosure blog at www.stayinmyhome.com. Case: Patrick Walsh and Catherine Walsh v. Bank of New York Mellon Trust, et al.Court: Florida Fifth District […]
COMMONWEALTH OF MASSACHUSETTS – COURT OF APPEALS – NO. 2015-P-1259U.S. Bank, N.A., as Trustee for RASC 2006KS9 v. Wendy Bolling (This article is not a legal opinion. Hire an attorney for individual cases.) A Major Blow to Banks and Servicers In a decision that could ripple through foreclosure litigation, the Massachusetts Court of Appeals dealt […]
“The issue really boils down to the question of whether we are going to apply simple direct rules that favor nobody in particular (blind justice — remember that?) or if the Courts are going to create monumental complexity and uncertainty under their past “Theory of Everything,” to wit: let the banks keep coming back […]
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