Archive for 'Servicer' 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 […]
This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee. This “Advisory” shows that there are documents that are rarely in the limelight and that clarify claims of […]
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 […]
CASE DISMISSED,WITH LEAVE TO AMEND. US BANK DECLINED TO AMEND. CASE DISMISSED. Even where there is a clerk’s default “The burden is on the plaintiff to establish its entitlement to recovery.” Bravado Int’l, 655 F. Supp. 2d at 189. Here is an example of how lawyers purport to represent US Bank when in fact they […]
While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan — something revealed by the usual game of musical chairs that the banks use to confuse and obscure the […]
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 […]
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 […]
All of these adjectives describing securitization add up to one thing: the claims were false. For the most part none of the securitizations ever happened. And that means that the REMIC trusts never purchased the debt, note or mortgage. And THAT means the “servicer” claiming the right to administer a loan on behalf of the […]
The Hidden Truth Behind Mortgage Bonds Ever since the 2008 financial crisis, investors have slowly awakened to a harsh reality: the mortgage bonds in their portfolios are often worthless. Why? Because most were issued by nonexistent REMIC Trusts that were never activated by actual cash transactions. Key Points: Enter the “Re-REMIC” By late 2008, banks […]
What Is a Real Estate Mortgage Investment Conduit? Insights from a Foreclosure Defense Attorney A real estate mortgage investment conduit, often called a REMIC trust, is a type of legal structure created to bundle and sell groups of mortgages to investors. It was designed to make mortgage investing easier and more tax-efficient. Here’s How it’s […]
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