Consummation vs. Closing: Why Foreclosure Courts Get It Wrong Disclaimer: This article is for educational purposes only and is not a substitute for legal advice. Always consult with a licensed attorney in your jurisdiction. Call us today at 844.583.5339Submit your case statement online for a complimentary recommendation. The Problem: Courts Ignore Basic Contract Law In foreclosure cases, many courts are…[...]

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Posted in Corruption, discovery, evidence, foreclosure defenses, legal standing, Modification, securities fraud, Servicer |

It continues to be true that the statute is clear, the rules of procedure are clear, and the rules of evidence are clear --- yet trial courts are adamantly opposed to allowing homeowners to use the power granted to them by Congress. The second ultimate decision by the trial court that Jesinoski had to tender the money to Countrywide before…[...]

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Posted in discovery, evidence, legal standing, Pleading |

When a judge looks carefully at the record, the bank loses. The use of Deutsch's name in the style of the case still shows that Judges are considering the Plaintiff to be the named "Trustee" instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do with foreclosures. In this case…[...]

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Posted in discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Florida 4th DCA Opinion: In this mortgage foreclosure case, the underlying mortgage was passed around like the flu, giving rise to a complexity of ownership that frustrated the appellee’s attempts to demonstrate standing at trial. To the answer brief, the appellee attached a chart of the ownership lineage of the mortgage and note, with different types of arrows pointing in…[...]

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Tags: Christiana Trust, Goshen Mortgage, Stanwich Mortgage Loan Trust, Wilington Savings
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Pleading |

Thursdays LIVE! Click in to the The West Coast Radio Show with Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Attorney Charles Marshall and Investigator Bill Paatalo will examine the indorsement of notes in non-judicial foreclosures. Judges are increasingly discounting fraudulent endorsement that appear out of nowhere, seemingly to "perfect" the right to foreclose. Judgments are often…[...]

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Posted in Uncategorized |

YOU NEED AN INFINITE NUMBER OF BASES AND PLAYERS TO PLAY BALL WITH THESE GUYS: The Trustee controls the trust as trustee. Oops, wait, it is the Master Servicer who has all the control. No, wait again, it is the subservicer who has the right to administer the loan. But actually if there is an alleged default it is the special…[...]

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Tags: Wells Fargo Bank
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, Modification, Servicer |

This is a blatant attempt at deception  --- a deceit without which none of the Trusts would be recognized as legal entities much less the owner of loans. Ocwen is admitting that there is no single owner of the loan it is allegedly "servicing." "There is no single owner of the account, but rather the account is one of many…[...]

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Tags: Ocwen, ownership of loan
Posted in Corruption, discovery, evidence, expert witness, foreclosure mill, legal standing, Modification, Servicer |

One who comes into equity must come with clean hands else all relief will be denied him regardless of merit of his claim and is not essential that act be a crime; it is enough that it be condemned by honest and reasonable men” Roberts v Roberts, 84 So.2d 717 (Fla. 1956) By Joel Sucher, Contributor New York filmmaker/author/blogger It…[...]

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Posted in Uncategorized |

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 proven to ex isa at…[...]

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Tags: Deutsch Bank, Impact Funding, PSA, robo-witness, SEC website, Wells Fargo Bank
Posted in Corruption, discovery, evidence, legal standing, Servicer |

Like the infamous NINJA loans, the REMICs ought to be dubbed NEITs --- nonexistent inactive trusts. The idea of switching lenders without permission of the borrower has been accepted for centuries. But the idea of switching borrowers without permission of the "lender" had never been accepted until the era of false claims of securitization. This is just one example of…[...]

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Tags: Adam Levitin, fake securitization, money, NEIT, real parties in interest, REMIC, single transaction doctrine, transfer, TRUTH
Posted in Corruption, discovery, evidence, legal standing, Pleading |