Back in 2007-2008 I told the State of Arizona and other states that inquired, that they were owed a lot of money because of the failure to abide by state law regarding the recording of instruments. Taxes, fees, costs and expenses were never collected because of MERS and lesser known similar systems (See Chase Bank), […]

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Reynaldo Reyes, VP asset Management for Deutsch Bank said it best. “It is all very counter-intuitive.” The borrower naturally assumes that the loan contract is complete when the money hits the closing table. Offer, acceptance and consideration — all the basics of an enforceable contract appear to be present. The borrower assumes the money was […]

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I am suggesting that the burden of proof for an HDC is different from the burden of proof for a holder with rights to enforce. The burden of proof in any case is to prove the elements of the case that has been alleged. The stated allegations in every case carry presumptions of validity for […]

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There are a great number of strategies, tactics and schemes to avoid foreclosure and eviction from properties. Unfortunately this is brought out schemers who are taking advantage of the vulnerability of people whose emotional status is fragile at best and whose judgment is clouded. There are two things you need to watch out for. One […]

Tags: fidelity
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Statement from corporate representative of the spokesperson for Fannie and Freddie in Congressional hearing: “We don’t originate loans, and we don’t service loans. Rather, Freddie Mac provides guidelines for the origination and servicing of our loans, and contracts withsellers and servicers to carry out these operations. Institutions conducting these activities with respect to Freddie Mac […]

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First we need to acknowledge that the purchase or refinance for a home is the largest financial transaction that the average citizen ever enters. Second we need to acknowledge that the purchase or refinance of a home is the largest financial transaction that an average citizen CAN enter. Third we need to acknowledge that collectively […]

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Martha Coakley warned that Fannie and Freddie that they were about to be sued if they did not change their buyback policies. The current industry standard practice is to prevent former homeowners from regaining ownership or possession of their homes after foreclosure. Several nonprofit organizations and other entities have sought to provide relief not only […]

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We celebrate our 4,000th article with the publication of this Post. 🙂 Thanks to all our devoted readers. ————————————————— Those who fail to remember the lessons of history are condemned to repeat it. That is a paraphrase of an oft quoted statement. We are seeing it now. But the subtext is usually ignored which of […]

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Consult with a lawyer licensed in the jurisdiction of the dispute before deciding or acting upon anything on this blog. I was taken to task for one of my comments by a person who is extremely knowledgeable in the banking industry and with respect to mortgages. He was thrown off by appellate assertions that in […]

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I recently received a specific request from an attorney in Massachusetts for litigation support there. He was interested, fascinated, but didn’t know where to start. After responding to him I decided to publish my response here for the assistance of others. He was asking for case law, but I redirected him to start with preparing […]

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