If the party named as claimant or Plaintiff or Beneficiary did not own any unpaid debt and said party, therefore, suffered no economic injury by and through any action or inaction of the defendant or homeowner, then despite the appearance of default, no legal default has occurred even upon declaration of such by a disinterested third party. 1916 article on collateral attacks. See…[...]

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There is an old expression that the more flack you are getting, the closer you are to the target. The banks are getting nervous ---- finally. Their response has been hiring several unqualified independent contractors to post negative remarks about me or my blog or services. This has resulted in many of my readers prompting me to post a defensive…[...]

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From the disclosure statement by Altisource. See https://www.marketscreener.com/quote/stock/ALTISOURCE-PORTFOLIO-SOLU-5506020/news/ALTISOURCE-PORTFOLIO-SOLUTIONS-S-A-MANAGEMENT-S-DISCUSSION-AND-ANALYSIS-OF-FINANCIAL-CONDITION-AND-43381543/   Ocwen Related Matters During the year ended December 31, 2022, Ocwen was our largest customer, accounting for 41% of our total revenue. Additionally, 6% of our revenue for the year ended December 31, 2022 was earned on the loan portfolios serviced by Ocwen, when a party other than Ocwen or the…[...]

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The basic thrust of argument on TILA rescission is that rescission is an event, not a claim. After sending (mailing USPS) the notice of rescission, there is nothing else required on the part of the homeowner. It was passsed in the 1960s to force compliance with lending laws. 15 USC §1635 is effective upon mailing, even if the judge or…[...]

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Hello everyone, I am thrilled to announce that I am welcoming a new partner to our fight against illegal foreclosures throughout the United States. As many of you know, this is a battle that I have been waging for many many years, and I am excited to have found someone who shares my passion for justice and who will help…[...]

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No trust is regulated by the SEC. No reporting is required of any trust. But by filing a prospectus, the investment bank gains access to the SEC.gov site. So they upload documents and then download the same documents so they can display the sec.gov in the header. They then falsely argue for judicial notice of a government document. No document is…[...]

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Don't shoot the messenger. * If we assume that the court is only allowed to rule on allegations that bring the claim it is probably true that homeowner complaints and motions should be denied because mostly they have not attacked the existence, ownership and authority over the implied (but never stated) underlying debt that can only be found in the receivables of…[...]

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Several steps should be taken to attack any document that does not include a warranty of title to the lien and authority to enforce. You attack the title to the lien under the premise that no transfer of a lien is legally valid or even recognizable unless there is a concurrent transfer of the underlying debt. Transfer of the note…[...]

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Why is "mortgage transaction" bracketed in quotes? Because the transaction is really a draft of homeowners into becoming issuers in a concealed securities scheme. The loan account, part of every traditional loan, is neither created nor transferred. All players are paid off through the sales of certificates that by law are not classified as securities and are not backed by…[...]

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The UCC and Foreclosure Law The Uniform Commercial Code (UCC) governs nearly all financial transactions in the U.S. and has been adopted by every state. For homeowners, two sections matter most: Article 3 – Governs negotiable instruments (like promissory notes). Article 9 – Governs secured transactions (like mortgages). For years, foreclosure defense has relied on these articles when challenging the…[...]

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Tags: foreclosure defense
Posted in evidence, foreclosure defenses, Foreclosure Questions, Uncategorized |