Florida 4th DCA Opinion: In this mortgage foreclosure case, the underlying mortgage was passed around like the flu, giving rise to a complexity of ownership that frustrated the appellee’s attempts to demonstrate standing at trial. To the answer brief, the appellee attached a chart of the ownership lineage of the mortgage and note, with different […]

Tags: Christiana Trust, Goshen Mortgage, Stanwich Mortgage Loan Trust, Wilington Savings
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Pleading |

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 […]

Tags: Adam Levitin, fake securitization, money, NEIT, real parties in interest, REMIC, single transaction doctrine, transfer, TRUTH
Posted in Corruption, discovery, evidence, legal standing, Pleading |

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 |

10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, […]

Tags: 15 USC §1635, Dan Junk, Mandamus, money, SCOTUS, TILA rescission
Posted in Corruption, discovery, evidence, Motions, Pleading |

Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed. For quiet title to apply the mortgage must be void not just unenforceable. TILA Rescission is a statutory remedy that is different […]

Tags: common law fraud, jesinoski, quiet title, TILA rescission, TRUTH
Posted in Pleading |

Whilst researching something else I ran across the following article first published in 2010. Upon reading it, it bears repeating. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- WHAT IF […]

Tags: assignment, delivery, discovery, Edward DeMarco, FHFA, foreclosureblues, indorsement, investor-lender, Isaac Gradman, pools, table funded loan, third aprty payment
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Fur Further Information please call 954-495-9867 or 520-405-1688 ——————————– ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED ——————————– I have long held and advocated three points: The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same […]

Tags: assignment, bankruptcy, bankruptcy appeal, BAP, Chase, Deutsch, foreclosure, judicial foreclosure, NONJUDICIAL, pooling and servcing agreement, secured status, Washington Mutual
Posted in Corruption, Eviction, evidence, foreclosure defenses, Modification, Pleading, Servicer |

Cashmere v Department of Revenue For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t […]

Tags: Cashmere, Department of revenue, foreclosure, REMIC Tax litigation, trust beneficiaries
Posted in evidence, foreclosure defenses, Modification, Motions, Pleading, securities fraud |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: BAC, Bank of America, Bank of New York Mellon, BOA, countrywide, custodian, CWABS, CWALT, CWMBS, delivery of loan documents, Depositor, good faith, holder in due course, knowledge of borrower's defenses, ownership, proof of payment, purchase of loan documents, REMIC, trustee
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it “securitization fail.” Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the “assignments,” […]

Tags: Empty Trust, false securitization, fraud, holder in due course, LEVITIN, Mortgage, Naked Capitalism, note, REMIC TRUST, securitization fail, servicer misconduct, student loans, yves Smith
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |