How Bullshit Becomes Law: Circular logic in the courtroom snags homeowners almost every time.
Mar 10, 2023
If you don't know the rules, you can't win the game. And remember, to the foreclosure mills and faux "servicers" and faux "trustees", this is all a game for which we pay every day as owners, taxpayers and consumers. * One of the interesting things about this is how much they get away with by NOT saying something. The affiant…[...]
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Just to reiterate the strategy I wish to promote (because it has been 65%-80% successful), the rules of engagement are as follows: Attack as soon as possible --- even as early as post closing. Demand the identity of a creditor who has created an unpaid loan account memorializing a "loan" transaction. (FDCPA-DVL and RESPA-QWR) If procedurally late, consider bankruptcy chapter…[...]
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Without compromising my journalist credentials, I will simply say that the source is 100% reliable and the information is 100% confirmable. The person is well versed in the accounting and auditing of securitization transactions --- and as far back as January 2006, the accounting profession was deeply aware of the inherent problems in the way that securitization was claimed to…[...]
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The Reason Why Wall Street Opposes Cram-downs for Personal Bankruptcies Might Surprise You
Mar 7, 2023
Recently Forbes published an article by John Wake entitled "Congress Could Have Prevented 500,000 Foreclosures During The Great Recession But Chickened Out." Echoing what Elizabeth Warren and Katie Porter have been advocating for years, it points out that cramdowns best preserve real loans in which both sides take a hit, but neither side gets a windfall. * To be clear,…[...]
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"Declarations:" that say nothing: Failure to challenge surrenders all of your rights to defend.
Mar 6, 2023
The declaration is a document that no bank would accept because of all that is missing. it is no technical objection when the homeowner owes nothing to the declared claimant, Plaintiff, or beneficiary. * In many cases, some "declaration" or "certification" is issued to support the attempt to achieve a successful result in foreclosure remedies. In none of those cases…[...]
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It all comes down to this: ASSUME NOTHING, CHALLENGE EVERYTHING. THE TRUTH IS THAT YOU DON'T KNOW ALL THE ASPECTS OF THE TRANSACTION IN WHICH YOU EXECUTED "LOAN DOCUMENTS" AND YOU DON'T KNOW IF THEY WERE "LOAN DOCUMENTS". YOU ONLY KNOW THEY HAD A LABEL ON THEM AND YOU WERE EXPECTING A LOAN. THEY WERE LYING THEN AND THEY ARE…[...]
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Most of the long-standing transactions with homeowners were falsely dubbed as "mortgage loans." And most of the false premises are compounded by additional false premises in the form of forbearance, modification, and other agreements that effectively change the name of the designated "lender" and conceal the absence of an unpaid loan account by many layers of "documents" that are fabricated,…[...]
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The basic idea is not to give a single inch. If you do, you lose. Don't accept a single assumption or presumption as though it was really true. It isn't. Always focus on what is missing. Correspondence allegedly from the designated "Servicer" is not signed. It is always ended with a reference to some nondescript team. So if it is…[...]
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The articles appearing on this blog and appearing for the next two weeks have been written in advance and scheduled for publication. Last week I was presented with another medical challenge resulting in my hospital stay. I was admitted last Friday, and I believe that I will be discharged on Thursday, but I will probably be unable to work until…[...]
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So I recently received an inquiry from a homeowner who is a long-term contributor to this blog asking how and why Wells Fargo got involved in her case. From the information that had been disclosed and recorded, Wells Fargo had nothing to do with it. But here were reports from Wells Fargo to investors, including information about her transaction. And…[...]
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