For further information or assistance please call 954-495-9867 or 520 405-1688 ------------------------------------- See CitiBank v Delassio 756 F Supp 2d 1361 2010 This case is often cited by servicers and banks to enforce a note and/or mortgage. Lots of people regarded this decision as "bad" because it approved the foreclosure. The natural impulse is to run from this decision and…[...]

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Tags: AHMSI, American Brokers Conduit, and FDCPA claims, Citi Mortgage, delivery, disclosures, Economic waste, endorsement or assignment in securitization scheme, lack of jurisdiction, Pooling and Servicing Agreement, PREDATORY LOANS, real estate settlement and procedures act, rescission, Truth in Lending Act, void mortgage, void note, you UCC
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For further information or assistance, please call 954-495-9867 or 520-405-1688 -------------------------------------- See OWB CASE Buffington v USBank_MTD Denied incl FDCPA 28USDC AZ CAUTION: NOT ALL JURISDICTIONS ALLOW THE SAME CAUSES OF ACTION. CHECK WITH ATTORNEY WHO IS LICENSED IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED. A Federal Judge upheld a Complaint against OneWest on all counts except fraud.…[...]

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Tags: affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, and discharge, breach of contract, Fair Debt Collection Practices Act, fraud, negligence, negligence per se, payment, satisfaction, trespass to real property
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For more information and assistance please call 954-495-9867 or 520-405-1688 ----------------------------------------- see BONY Mellon Sues Chase et al Over Misrepresentations on Loans It is interesting that at the same time that BONY Mellon has its name attached to foreclosures it is claiming exactly what the borrowers are claiming --- misrepresentations about the loans themselves as well as misrepresentations about the…[...]

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Tags: BoNY-MELLON, Chase, misrepresentations
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For more information or assistance please call 520-405-1688 or 954-494-6000 ------------------------------ see http://www.kcsg.com/view/full_story/25831345/article-Utah-Homeowner-Wins-Lawsuit-Against-Bank-of-America-in-Illegal-Foreclosure-Action?instance=more_local_news1 see Judges Order at [embed]http://matchbin-assets.s3.amazonaws.com/public/sites/990/assets/JC9H_Decision_and_Order_140500067.pdf[/embed] This case shows how Recontrust --- an entity created and controlled by Bank of America --- goes down in flames AFTER the sale of the property. The Judge found that Reconstrust was not a proper "substitute trustee" and in my opinion neither…[...]

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Tags: Eviction, Unlawful Detainer, void foreclosure sale
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For further information please call 954-495-9867 or 520 405-1688 ---------------------------------------- Many Judges have expressed their concern about the constant movement of servicers and trustees. They are asking why the servicer keeps changing and why the trustees are changing. And now they are asking for legal argument why the substitution of the only named Plaintiff is not an amendment to the…[...]

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Tags: Chase Bank, hearsay, refinancing, Select Portfolio Servicing, SPS, Substitution of party plaintiff, Washington Mutual
Posted in Corruption, discovery, evidence |

For further information please call 954-495-9867 or 520 405-1688 --------------------------------------------- § 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT. "Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce…[...]

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Tags: PETE, UCC, UCC 3-301
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For additional information or assistance please call 954-495-9867 or 520-405-1688. ------------------------------------ It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed --- Beauchamp v BONY-Mellon The Beauchamp case brings to the forefront the issue of redemptive…[...]

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Tags: 4th DCA, affidavits • attesting • Daniel Edstrom • DTC-Systems • fabricating • false information • false sworn documents • foreclose • illicit business practices • improper statements • imp, beachamp, beauchamp, best evidence, damages, evidence, right of redemption, Shahood
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Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Alayne Fleischmann couldn't take it anymore Matt Taibbi: Rolling Stone Magazine this week interviews a whistle blower. Someone that Jamie Dimon paid a $9 Billion fine to cover up and silence. You want a glimpse of what REALLY happened on Wall…[...]

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see 13-684_4425 Judges generally don't like TILA because it contains remedies that "go against the grain." Specifically TILA and REG Z from the Federal Reserve contain strict guidelines on the form and content of disclosures to borrowers. These laws and regulations went into effect after the Savings and Loan scandal and other evidence surfaced as to deceptive lending practices. The…[...]

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Tags: foreclosure, rescission
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For further information , litigation support, or consultations please call 954-495-9867 or 520-405-1688. ------------------------------------ This is an amended version of earlier piece I wrote. It is amended because the commentary and cases supplied to me by multiple readers. ------------------------------------ Given the confusion over applying the principles used in the making, transferring, and enforcement of promissory notes, I offer the following…[...]

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