Like citizenship in this country litigation is not easy. We keep banging our heads against the same wall expecting a different result. We need a strategy that directly addresses the inescapable realities of every homeowner transaction and every securitization cycle. My substantive analysis of the transaction is that the homeowner was drafted into a securitization scheme […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading, securities fraud |

The problem is that while most people think everyone has been bought off, and to a certain extent that is true, the real problem is that the clever plan of securitization is so counter-intuitive that nobody believes the truth that is in plain sight. The reason for fabricated documents is that there were no transactions, […]

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

Disclaimer: This article is for educational purposes only and not legal advice. Always consult a licensed attorney before acting on foreclosure matters. The Myth of the Servicer Most companies claiming to be mortgage servicers are not truly servicing loans. Instead, they act as “clients” of Black Knight, which operates as the central hub of the […]

Tags: Black Knight, fidelity, Fidelity Information Services, Ocwen, Pennymac
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

Francesca Mari in the JUNE 11, 2020 ISSUE of The New York Review of Books, has written a truly excellent piece on a book called “Homewreckers” by Aaron Glantz.  If you ever had any doubt about whether homeowners have the moral high ground and whether the investment bankers have no moral or legal grounds for […]

Posted in Corruption, discovery, Eviction, evidence, Fabrication of documents, foreclosure defenses, legal standing, Motions, Pleading, Servicer |

A sham affidavit is one that asserts facts that are inconsistent with facts alleged in pleadings or previously proffered in discovery, prior affidavit or proffered documents. This happens a lot in foreclosure cases when foreclosure mills file motions for summary judgment. They often casually change the claimant by reference or name adding some power of […]

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

As long as you continually attack the sub silentio assumptions of the court, you will be weakening the case against you for foreclosure. Failure to do so means almost certain failure. Foreclosure is considered a draconian remedy equivalent to capital punishment. All US jurisdictions have adopted as a matter of law and public policy (Article […]

Tags: litigation immunity, litigation privilege
Posted in Corruption, discovery, Fabrication of documents, legal standing, Servicer |

So the “RMBS” industry is pushing for “economic relief” in the Pandemic. If they get it, it will be another windfall for Wall Street and investment bankers will go from laughing to convulsing in the privacy of their board rooms. The Wall Street Journal published an article yesterday on how the mortgage market is not […]

Tags: mortgage loan defaults, risk assessment, RMBS
Posted in Corruption, evidence, expert witness, Fabrication of documents, legal standing, securities fraud, Servicer |

The single basic tool of the investment banks, who are secretly running the whole foreclosure show, is musical chairs. By rotating the players they can successfully bar the courts and the litigants from knowing or pinning down who is real and what is real. All of that ends if you sue the investment bank. Look […]

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

Answering your question requires tracing the convoluted strategy of the investment banks.  Start with the proposition that each player is one of the separate business entities involved in the securities plan that claimed to “have” your loan in some manner, shape or form. Next go to the fact that the creditor role was extinguished in […]

Posted in discovery, Fabrication of documents, legal standing |

In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures. Second […]

Tags: Authority over loan, false claims, FDCPA, Foreclosure moratorium, ownership of loan, RESPA, servicer fraud
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, Servicer |