In 2005, reports started surfacing about fabricated documents, forged documents, and back-dated documents being used to promote "foreclosure" remedies. This one w as issued and submitted to the Supreme Court of New Jersey in 2010. Like Florida and dozens of other states, the Supreme Court and lower appellate courts continued to ignore the most obvious conclusion: presumptions arising from such…[...]

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the Foreclosure Abuse Prevention Act (A7737B), recently signed into law by Governor Kathy Hochul, is transformative legislation which may cause the dismissal of thousands of pending foreclosures with prejudice To the delight of court administrators, the changes will cause the permanent dismissal of thousands of foreclosures which have congested the civil docket over the past decade. An article was recently…[...]

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Good trial lawyers will easily understand that they don't need to prove fraud because it is not their client who is making a claim. * They only need to test the evidence to show that there is insufficient evidence to support the inferences and presumptions raised by the current mountain of fabricated, forged, backdated, and robosigned documents (mostly by computers…[...]

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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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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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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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