I wanted to make a point that is critical to the defense narrative. The Foreclosure mills are getting away with presenting an employee of a company that has been falsely designated as being the "servicer." They are referring to this employee as a "representative." But in all cases this "representative" is merely a paid actor with a script. He or…[...]

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Tags: FINTECH, representative, servicer, US BANK
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In May, 2022 to the CFPB finally corroborated what I have been saying for 16 years. The actors who are named as "servicers" are not performing servicing functions. * Those are performed by third parties who are the actual servicers, in terms of receipt, collection, depositing, and disbursement of funds. The actor might still be labeled as a servicer since…[...]

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We actually only have one job to do as citizens of the city, state or country. It is to vote on candidates and issues. The ContraPoint to this essential job is that the main incentive for anyone who is elected, is to be reelected. They all talk about Service but what they mean is you serving them. And there is…[...]

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The recent forced CFPB rebranding of FINTECH as a "servicer" creates a problem for the foreclosure mills --- but only if someone brings it up. Otherwise, the company that is named as being a "servicer" is accepted as a servicer by the court, which also means, by implication, that it is servicing an existing unpaid loan account owned by the…[...]

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see https://www.consumerfinancialserviceslawmonitor.com/2022/02/fourth-circuit-clarifies-what-constitutes-a-qwr-under-respa/ This involves the case of Morgan Vs. Caliber Home Loans. The homeowner received the standard answer of they were not required to answer because their request was vague and ambiguous and asked for things that were not allowed under RESPA. The court disagreed in a fairly well-reasoned opinion. These are quotes from the opinion: To qualify as a…[...]

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This is what enables the banks to get away with their scam while avoiding criminal prosecution. What does that mean when they say they "own the mortgage"? * Does it mean that they own the piece of paper? Does it mean they own the liens strictly because they received an assignment? Does it mean they own the underlying obligation because the assignment implies…[...]

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THIS IS ABOUT TRANSACTIONS THAT ARE SOLD AS REFINANCING BUT WHICH DO NOT PAY OFF ANY PRECEDING OBLIGATION OR DEBT. ******************************* As frequently happens my clients only half way understand the nature of the defense that will set them free --- if the odds are with them and they employ the strategies and tactics I have suggested at an early…[...]

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This is a republication of an article I wrote nearly 2 years ago. The current downturn in housing prices is just the tip of the iceberg. Both home prices and rentals have been far above viable standards --- i.e., any level that most people can afford. * For 140 years since data was compiled about this subject, the most reliable…[...]

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I know the problem with getting representation. I consider it to be a crisis. I'm thinking about the problem. If there is a solution, maybe I'll find it. The opposition has developed scripts that enable even the most junior lawyer to seem like he/she is unstoppable. This intimidates most lawyers. I could develop a similar script for lawyers who want…[...]

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If you look at local and regional media outlets, you will see one very consistent message: new foreclosure filings are increasing. The measures differ depending upon geography, but the national trend, which has been apparent for months, is that the increase, year over year, is somewhere around twice what it was in 2021 and is nearing 2008 levels in many…[...]

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