Who or what is the real party in interest on Plaintiff's side of the "v." and what citizenship does that party hold. Despite its best efforts, the Court has not had those simple questions answered, questions that must be answered before any further proceedings or decisions are proper.”) citizenship of unincorporated associations must be traced through however many layers of…[...]

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Tags: but solely as trustee, Dakota Asset Servs. v. Nixon, LLC, not in its individual capacity, RMAC Trust, Rushmore Loan Management Services, Series 2016-CTT, U.S. Bank National Association
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From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from borrowers. But people who have…[...]

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Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, Motions, Servicer |

You think you sent it to XYZ, that it was received and processed by XYZ and XYZ issued that response. This is virtually NEVER true. In May 2022 the CFPB categorized FINTECH companies as servicers precisely because of what I described above. Did anyone take notice? No. "Defendants' deceptive business practices caused many of these Nevada foreclosures to proceed under…[...]

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Standing is established when the party pursuing foreclosure can "demonstrate that it had the right to enforce the note and the right to foreclose the mortgage at the time the foreclosure suit was filed." PNC Mortg. v. Romero, 2016-NMCA-064, ¶ 19, 377 P.3d 461 (alteration, internal quotation marks, and citation omitted). Third parties seeking to enforce a promissory note underlying a mortgage establish…[...]

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Tags: LSF9, McCRTHY AND HOLTHUS
Posted in foreclosure mill, legal standing |

Hat tip to summer chic Judicial Notice is a rule of evidence in which the court receives a written request to accept a document into evidence as proof of the truth of the matter asserted. In Foreclosures, the truth of the matter asserted is that there is an unpaid loan account, and the named plaintiff or beneficiary has the right…[...]

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Tags: judicial notice
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Servicer |

This dispute is governed by Article 9 of the Vermont UCC, which covers secured transactions. Article 9 provides that a creditor has a secured interest in collateral when the interest attaches, meaning "when it becomes enforceable against the debtor with respect to the collateral." 9A V.S.A. § 9-203(a). In general, a security interest becomes enforceable against the debtor when "value has…[...]

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we hold Pennsylvania law recognizes the tort of aiding and abetting fraud, and the scienter requirement for this cause of action is actual knowledge of the underlying fraud. Consequently, the decision of the Superior Court is affirmed in part and reversed in part. The case is remanded to the trial court for a new trial consistent with this opinion. Jurisdiction…[...]

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I have received many requests for representation from homeowners in various stages of their cases. These are coming in daily. I seek no referral fee. I only want lawyers who are in it to win it --- not merely to seek a modification with companies who pretend to be lenders or represent lenders or successor lenders. Some are "current" in…[...]

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The named defendant's petition for certification to appeal from the Appellate Court, 202 Conn. App. 540, 246 A.3d 4 (AC 40959), is granted, limited to the following issues: "1. Did the Appellate Court correctly conclude that the named defendant's challenge to the plaintiff's standing to prosecute this action, and, thus, the trial court's subject matter jurisdiction to adjudicate the matter, represented an improper…[...]

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Posted in legal standing |

I have a limited roster of lawyers willing to consider engagement to defend foreclosure cases to win them, not just settle or modify then "loan." I have agreed to triage the cases before referring them. Submit your complete and accurate information by submitting our registration form without any cost or obligation. The information will only be shared with a prospective…[...]

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