There is a difference between the note contract and the mortgage contract. They each have different terms. And there is a difference between those two contracts and the "loan contract," which is made up of the note, mortgage and required disclosures.Yet both lawyers and judges overlook those differences and come up with bad decisions or arguments that are not quite…[...]

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Tags: borrower, creditor, debt, default, HOLDER, holder in due course, legal standing, liability, maker, merger doctrine, mortgage contract, non-creditor, note contract, Obligation, Payee, probate, promissory note
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By Renae Merle When the Obama administration announced a massive effort to help distressed homeowners in 2009,  it set high expectations. The program, government officials said, would keep up to 4 million borrowers out of foreclosure. “It will give millions of families resigned to financial ruin a chance to rebuild,” President Obama said at an event announcing the effort. “By bringing down…[...]

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http://www.huffingtonpost.com/jack-m-guttentag/foreclosures-of-reverse-m_b_13860698.html Jack M. Guttentag Professor of Finance Emeritus at the Wharton School of the University of Pennsylvania The headline on Bloomberg News as reported by National Mortgage News caught my eye. It read “Mnuchin’s Reverse Mortgage Woes Blemish Record of Treasury Pick.” As I read on, I realized that reverse mortgage-bashing by the media, which had almost disappeared in recent…[...]

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We all know that the banks committed wholesale fraud on the government, on investors, on the the court system and on borrowers. They fabricated documents, forged them, altered them, and even paid off employees of Government agencies to do things that in normal circumstances would never be tolerated. The question is why did the banks go so far off the…[...]

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Tags: American Mortgage Consultants, Fannie MAe, Federal Housing Finance Agency, Federal Truth in Lending Act/Regulation Z (TILA), Freddie Mac, HOEPA, Jeffrey Mayer, Jeffrey Verschleiser, Michael Nierenberg, Moody's, New Residential Investment Corp., NRMLT 2015-1, NRZ Sponsor V, Thomas Marano, Visionet Systems
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http://www.bankerandtradesman.com/2016/12/deadline-preserve-right-challenge-foreclosures-approaches/ By Jim Morrison Last Friday, Antonio Ibañez – yes, that Ibañez – spoke out publicly for the first time urging homeowners who have been foreclosed-upon prior to 2014 to file paperwork at their registry to preserve their right to challenge that foreclosure for 20 years by Friday, or lose that right forever. The bill Gov. Charlie Baker signed into…[...]

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Tags: Ibanez, Massachusetts
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Judges may be biased in favor of "national security" (i.e., protecting the banks), but they have a surprisingly low threshold of tolerance when they are confronted by the bank's argument that they don't have to accept the money and that it is the bank's option as to whether to accept the money or proceed with the foreclosure. To my knowledge…[...]

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Tags: ARTICLE 3, bondholders, Golden Rule of Mortgage Foreclosure, holder in due course, merger doctrine, MERS, noteholders, PETE, proper negotiation of ntoe, UCC
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If they really wanted to provide the relief necessary for homeowners and household wealth and thus bolster the economies of the world, they would take down the the shadow banking marketplace with one simple announcement: that the notes and mortgages were illegal, immoral. and improper, as they were designed not for a loan, but a cover-up of outright theft from…[...]

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Too many lawyers and pro se litigants look at the title to a document and don't know what else to do with it. They accept as true that a document is what is stated. That is one of the many trapdoors the banks have laid for us. Listen to the Last Neil Garfield Show at http://tobtr.com/s/9673161 Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to…[...]

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Tags: assumptions, authenticity, authority, hearsay, parties to an instrument, presumptions, signatories, timely objections, title to document
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For the past 15 years there has been a huge chasm between what a document says and what actually occurred. In foreclosure settings, the conscious decision has been made to ignore the Truth and proceed on the falsehoods promulgated by the banks. This arises from the "national security" fear that if the banks are not allowed to continue their fraudulent…[...]

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Tags: assignments, DEED OF TRUST, forensic analysis, FOUNDATION, hearsay, information, infrastructure, National Security, Prepared by, Return to, TRUTH, warranty deed
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http://nypost.com/2016/12/18/obamas-conceputally-flawed-mortgage-lifeline-effort-to-end-this-year/ By Catherine Curan The foreclosure crisis is still raging, but on Dec. 31, President Obama’s first and largest mortgage-modification program ends. In February 2009, when a tidal wave of foreclosures threatened America’s ailing economy, Obama launched the Home Affordable Modification Program, or HAMP, touted as a lifeline for up to 4 million struggling homeowners. It didn’t work out that…[...]

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Tags: HAMP failure, Hamp modification
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