In the palace of smoke and mirrors that is securitization, everyone is allowed to say they understand the infrastructure even though hardly anyone has the education, training, information, and experience to know anything about it. Even most investment bankers do not grasp the enormity of this scheme which was part straight fraud and part PONZO scheme. soon after the "Mortgage…[...]
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The simplest way to get a new document into evidence at trial is to list it on the pretrial catalogue and include a copy of it when serving the homeowner or counsel for the homeowner. * I have seen this ploy used hundreds of times and it usually works because the document is listed as something that the homeowner believes…[...]
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Homeowners should be willing to go toe to toe with their tormentors --- foreclosure mills acting on behalf of investment banks and companies pretending to be servicers. You need not believe that there is no loan account; you just need to act like that is true and you will probably achieve a satisfactory result. This is only fair. Your opposition…[...]
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Bottom Line: Homeowners and their lawyers should immediately question whether the company on the letterhead sent anything, knows anything, or did anything. Those who follow this strategy are likely to prevail at least 65% of the time. * People are asking me why I am splitting hairs about the testimony of the robowitness who appears at trial. It is because…[...]
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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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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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