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 […]

Tags: bankruptcy court, BAP, Circuit Court of Appeals, district court, healthcare, infrastructure, jurisdiction, PHH v Sensenich, Statistics
Posted in discovery, evidence, legal standing, Motions, Pleading |

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 […]

Tags: financial analyst, interrogatories, Ocwen, Ocwen Financial Corporation, Ocwen Loan Servicing, REQUESTS TO PRODUCE, Sally Torres, TRUTH
Posted in Corruption, discovery, Eviction, evidence, legal standing, Motions, Servicer |

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 […]

Tags: boarding process, bruce jacobs, business records exception, evidence, hearsay, Ocwen
Posted in legal standing |

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 […]

Tags: Ally Financial, BAC, Bank of America, bankruptcy, countrywide, DiTech, DiTech Financial, GMAC, Green Tree, legal standing, mergeres, RED OAK MERGER CORP, Residential Funding
Posted in legal standing |

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 […]

Tags: foreclosure fraud, Walsh v Bank of New York Mellon Trust
Posted in foreclosure defenses, legal standing, Motions |

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 […]

Posted in evidence, legal standing |

  “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 […]

Tags: foreclosure defense
Posted in foreclosure defenses, Foreclosure Questions, legal standing |

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. For an overview of our services: https://livinglies.me/2016/04/11/what-can-you-do-for-me-an-overview-of-services-offered-by-neil-garfield/ In yet another reminder that the people pushing foreclosures are neither “lenders” nor traditional “servicers,” the Montana Supreme Court upheld a $427,000 award against Bayview Loan Servicing (fronting […]

Tags: Bayview, Citimortgage, foreclosure defense, foreclosure offense, fraud, securitization
Posted in legal standing |