The crux of this fight is that if the foreclosing parties are forced to identify the creditors they will only have two options, in my opinion: (a) commit perjury or (b) admit that they have no knowledge or access to the identity of the creditor Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS…[...]

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Tags: Bank of America, countrywide, DEBTOR, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, fraud, identity of creditor, privlege, proprietary, RED OAK MERGER CORP, securitization
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In short, the proffer of a document signed not by the grantor or assignor but by a person with limited authority and no knowledge, on behalf of a company claiming to be attorney in fact is an empty self-serving document that provides escape hatches in the event a court actually looks at the document. It is as empty as the…[...]

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Tags: Attorney in fact, Chase, foreclosure defense, foreclosure offense, fraud, Power of Attorney, securitization, US BANK, WAMU
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Pennymac tried to outwit the court system, succeeding at the trial level and then failing on appeal. The simple fact is that it is a rare instance where a party can lose a lawsuit based upon a forged instrument. The court will (and should) always find a way to deny such relief. see sanabria-v-pennymac-mortgage-investment-trust-holdings-i-llc Simple case. Closing attorney still had…[...]

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Tags: Florida 2d District, foreclosure defense, foreclosure offense, forgery, Pennymac, presumption of authenticity, rules of procedure
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if you don't make the timely objection, you have not only waived the objection and let in untrustworthy evidence, you have also waived the most important issues on appeal. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. We DO provide consulting services for attorneys headed into a contested hearing or trial. The cost is minimal compared…[...]

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The problem with all this is that the REMIC Trust never received the proceeds of sale of the MBS and therefore could not have paid for or purchased any loans. It had no assets. And THAT is why the Trust never shows up as a Holder in Due Course (HDC).  HDC is a very strong status that changes the risk…[...]

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Tags: foreclosure defense, foreclosure offense, fraud, HOLDER, holder in due course, rights to enforce, securitization, UCC
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  http://www.dailykos.com/story/2016/9/24/1572040/-Five-questions-with-David-Dayen-about-foreclosure-fraud-activism-and-hope David Dayen (dday to old-timers at Daily Kos) has been the most single most dogged journalist digging into the massive fraud perpetuated on American homeowners in the last decade, the fraud that almost brought down the global economy. In fact, he wrote the book on it—Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud, winner of the…[...]

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Tags: daily kos, DAVID DAYEN, foreclosure fraud, Livinglies
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“Defendant Wells Fargo’s deceptive and intentional conduct displayed a complete and total disregard for the rights” of the couple, wrote Judge Elliott, a circuit judge in the 43rd Judicial District of Missouri. “Wells Fargo took its money and moved on, with complete disregard to the human damage left in its wake.” see http://www.nytimes.com/2016/09/22/business/in-wells-fargos-bogus-accounts-echoes-of-foreclosure-abuses.html?_r=0 Gretchen Morgenson of the New York times…[...]

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Tags: bank fraud, Elizabeth Warren, GRETCHEN MORGENSON, Wells Fargo
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[caption id="attachment_35460" align="alignnone" width="300"] The JPMorgan Paper Chase Live at 6 pm[/caption] Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays At a time when approximately two percent of legal disputes are ended by a trial, the walk-up to trial itself is often a game of negotiation and posturing. The…[...]

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Tags: living lies radio show, neil garfield radio show
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http://www.nytimes.com/2016/09/22/business/in-wells-fargos-bogus-accounts-echoes-of-foreclosure-abuses.html John Stumpf, the chairman and chief executive of Wells Fargo, won a dubious achievement award from one of his interrogators during Tuesday’s scorching hearings on Capitol Hill. The bank’s yearslong practice of opening bogus accounts for customers and charging fees to do so, said Senator Jon Tester, Democrat of Montana, had united the Senate Banking Committee on a major…[...]

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Tags: GRETCHEN MORGENSON, New York Times, wells fargo fraud
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Hat tip to David Belanger see utc_final_rev2010 see also utc-itc Readers and analysts should refer to this as very persuasive authority and if enacted by the State legislature, it is the law. But this is not the Uniform Commercial Code. The UCC applies in all cases where paper instruments are involved and transfers of that paper are involved --- although…[...]

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Tags: PSA, Trust Agreement, Trust Law, UCC, UTC
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