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What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the trust reduces the “trust” to a pile of ashes. THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU […]
Tom Miller Pens Love Letter to Settlements with Financial Fraudsters Posted on August 15, 2016 by David Dayen By David Dayen, author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street’s Great Foreclosure Fraud. You could spread around a lot of blame for the current state of our two-tiered system of justice and […]
Servicers are creating the illusion of defaults by manipulating the escrow accounts even when no escrow account exists. So even where there is no agreement for the “lender” to maintain an escrow account, they will create one anyway and engineer circumstances to make it seem like a default occurred not just in the “escrow account” […]
http://www.statesman.com/news/news/crime-law/round-rock-police-to-give-update-on-shooting-death/nsFKS/ An Austin, Texas sheriff’s deputy who committed suicide outside his home last month had been facing foreclosure. Travis County Sgt. Craig Hutchinson told dispatchers there were prowlers in his yard before he was found mortally wounded July 25, authorities said. Investigators initially said Hutchinson was shot while confronting suspects, but police in Round Rock, […]
http://www.truth-out.org/news/item/36956-one-woman-s-10-year-fight-to-save-her-family-from-foreclosure One Woman’s 10-Year Fight to Save Her Family From Foreclosure Monday, 25 July 2016 By Senka Huskic, Occupy.com | Interview Many people are responsible for the financial disaster of 2008, and the economic hardship that has continued to unravel since. We still have not seen one criminal prosecution among the CEOs who were — […]
see Yvanova brief SPBasfiled5-18-2016 TABLE OF CONTENTS Page I. INTRODUCTION 5 II. ARGUMENT 5 A. No document establishes that the Yvanova Note or Deed 5 of Trust was properly transferred to the Morgan 2007-HE 1 Trust. (i) The December 2011 assignment by itself creates a 6 disputed issue of fact. (ii) The PSA does not […]
Probably the most important comments from judge Boyco relate to the fact that (1) these cases are about money for the banks (or whoever is claiming to be the successor to an originator who may or may not have actually loaned money to the homeowner) and (2) these cases are about forfeiture as it relates […]
http://www.miamiherald.com/news/business/banking/article92700782.html THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- The largest-ever lawsuit against an auditing firm is set to open Monday in a Miami-Dade County Circuit Court, pitting Big Four firm PwC against a trustee of the defunct Taylor, Bean & Whitaker […]
The Court, possibly because of the pleadings and briefs refers to the Trust as “US Bank” — a complete misnomer that reveals a completely incorrect premise. Despite the clear allegation of the existence of the Trust — proffered by the Trust itself — the Courts are seeing these cases as “Bank v Homeowner” rather than […]
I was recently requested to review a 6th Circuit Opinion in which the court stated that the rescission was barred by res judicata — i.e. that the matter had already been litigated and that the homeowner was therefore barred from bringing it up again. * The Court never considered that it was wrong in the […]
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