If the actual facts fail to show ownership of the debt, then paper instruments indicating transfer of a mortgage (or a note) are just that: paper. If what is written on paper conflicts with the facts then the actual facts take precedence. In no case that I have reviewed (among thousands) has there ever been any proof of payment for…[...]

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A group of plaintiffs in Utah, with the help of some US Senators, have put the executive in a jam. By David Dayen, The Nation Late last year, Congress scrapped Obama-era rules from the Consumer Financial Protection Bureau that would have banned forced arbitration clauses in financial contracts. This bill, which President Trump quickly signed, was self-evidently bad for consumers…[...]

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By LendingLies Staff PHH, a loan servicer, will pay $45 million as part of a nationwide settlement over mortgage servicing and foreclosure issues during the housing crisis, a group of 49 state Attorney General's announced Wednesday. PHH is required to adopt new servicing standards and provide monetary relief to affected homeowners, though the company claims to have already adopted new…[...]

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[caption id="attachment_54579" align="alignnone" width="457"] Saving your Home starts at this Ocwen Call-Center? Good luck with that.[/caption] By J. Guggenheim Ocwen is a debt-collector that is known to cause an incredible amount of stress and trauma to families who have the misfortune of having Ocwen assigned as their loan servicer.  Ocwen fails to respond to qualified written requests, provides fabricated documents…[...]

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The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that gets the most traction the…[...]

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Tags: bankruptcy court, BAP, Circuit Court of Appeals, district court, healthcare, infrastructure, jurisdiction, PHH v Sensenich, Statistics
Posted in discovery, evidence, legal standing, Motions, Pleading |

Dear Living Lies Readers, Over the last decade Neil Garfield has dedicated his life to revealing, layer by layer, the greatest financial fraud ever perpetrated on the American public.  The path to truth has not been linear as new revelations have come to light, but Neil Garfield's original premise has remained consistent: the courts permit the banks to foreclose on…[...]

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By LendingLies Staff A trusting couple in Ohio experiencing financial issues fell for a servicer's bogus promises.  When the husband lost his job several years ago, he fell behind on his mortgage and foreclosure loomed on the horizon.  After deciding they could no longer manage the payment, the couple reached out to their servicer to discuss possibilities like a deed…[...]

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While this case turned upon an  inadequate foundation for introduction of "business records" into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan --- something revealed by the usual game of musical chairs that the banks use to confuse and obscure the identity of the real creditor.…[...]

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Tags: assignment, Bank of America, business records exception, complex liaison, countrywide, debt, Inc., Keystone National Association, legal presumptions, lenders, Maine Supreme Judicial Court, money, Mortgage Electronic registration Systems, servicers, successors, transfer
Posted in Corruption, discovery, evidence, Servicer |

10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus. First to stop judges from applying legal PRESUMPTIONS and second to stop judges from ignoring TILA rescission. Now someone has done it and others might follow suit, if you pardon the pun.…[...]

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Tags: 15 USC §1635, Dan Junk, Mandamus, money, SCOTUS, TILA rescission
Posted in Corruption, discovery, evidence, Motions, Pleading |

By J. Guggenhiem The Vermont Supreme Court ruled that filing and then failing to pursue a foreclosure three times is an abusive practice, although it doesn’t preclude the same bank trying a to foreclose a fourth time.  This illustrates a servicer's attempts to circumvent foreclosure law, failure to produce the note, failure to notify, and the typical games played by…[...]

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