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In the Bank of N.Y. Mellon v Anderson, the New York Supreme Court Appellate court got it right by ruling that submitting an affidavit to support a motion is insufficient to establish standing when the affiant cannot swear they are familiar with the servicer’s record keeping practices and procedures. The mere attachment of a copy […]
Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. —————- As we learn and as things change, we arrive at different conclusions. There is no doubt in my mind that our Chain of Title Analysis (COTA) is the best in the country by a large margin. The problem we need to address […]
This is one more nail in the coffin of false securitization: the only assets attributed to apparent “Buyers” were those related to and including servicer advances. By severing the investors from their positions as creditors, the banks were able to create the illusion that they — or their “originators”, brokers, nominees, fronts and sham operators […]
It is NOT enough to ALLEGE standing. They must PROVE it. Judges across the country are making mistakes with this simple concept. Standing to SUE is presumed if you allege (in words or by incorporation of exhibits) that you have it. Possession of the “original note” can be alleged but at trial the foreclosing party […]
Editor’s Note: And after Morgan Stanley takes the tax credits, it will have paid literally nothing for its fraudulent conduct. Stanley is to pay $400 million of consumer relief including repurchasing defective loans that it will resecuritize, doctor-up the docs and sell at a profit. Crime pays for Big Banks. Moves past 85% mark in […]
http://www.truth-out.org/opinion/item/41151-foreclosures-lead-to-flippers-profits The United States has entered a new phase of residential foreclosure. The basic narrative is shocking: House-flippers are being allowed to push troubled homeowners out of their houses. As a neighbor of mine said, succinctly, “It’s cheaper for them.” In an ugly way, house flipping is a sweet deal in any area where the […]
Editor’s Note: The tragedy of this story is that the USDA likely lacked the legal instruments to legally foreclose. The Wise family claims the government set them up to fail. No doubt they are right. https://www.revealnews.org/episodes/losing-ground/?utm_source=Reveal&utm_medium=social_media&utm_campaign=twitter Picture an American farmer. Chances are, the farmer you’re imagining is white – more than 9 out of […]
US Bank, rescission,
Just a short note this Holiday extended weekend. The banks have raised the whole issue of void or voidable based upon the potential for ratification. That is a red herring. The fact that something COULD happen does not mean it DID happen. What is even worse is when a court decides based upon the […]
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