I woke up this morning to find an empty parking place where my car had been. In the back of the car I had just put about two dozen case files, most of which, fortunately, I have in electronic form. But the result was that I spent the day with the police, the insurance company and the car rental agency.…[...]

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Posted in Uncategorized |

Patrick Giunta, Esq. brought this case to my attention. Here is a case between the famed Florida Default Law Group, who reached distinction amidst accusations of fabricated documents, and an ordinary borrower represented by a St. Peterburg trial lawyer, John R. Cappa, who apparently knows the timing and content of the right objections. The result was involuntary dismissal against the…[...]

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Tags: business records, cross examination, involuntary dismissal, proof of default, proof of right to enforce
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

I know it doesn't make sense. Why would a lender falsify documents in order to make a loan? I had a case in which a major regional bank had their loan representatives falsify loan documents by having the borrower certify that there were houses on his two vacant lots. The bank swore up and down that they were never involved…[...]

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Tags: foreclosures, securitization, subprime loans, SunTrust
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Back in 2007-2008 I told the State of Arizona and other states that inquired, that they were owed a lot of money because of the failure to abide by state law regarding the recording of instruments. Taxes, fees, costs and expenses were never collected because of MERS and lesser known similar systems (See Chase Bank), resulting in billions of dollars…[...]

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Posted in Uncategorized |

In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as "Quite Title"). The purpose of this article is to add some context to the discussion and some reasons for my conclusion --- that as more…[...]

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Tags: cancelation of instrument, HOLDER, holder in due course, holder with rights to enforce, NULLIFICATION OF INSTRUMENT, quiet title, Romero, statute of limitations, statute of repose, SunTrust
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Motions, Pleading, securities fraud, Servicer |

The general practice of the servicers and trustees is to disclose a list of as many as 35 possible witnesses so that the Defendant homeowner cannot possibly perform due diligence investigation, deposition etc. The Judges got wise to this and agreed that disclosing 35 witnesses, 34 of whom you do not intend to call, is the same as no disclosure…[...]

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Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

For the last few weeks I have been harping on the concepts of holder in due course, holder with rights of enforcement, and holder. They are all different. The challenge in court is to get them treated as different in Court as they are in the statutes. The Banks knew through their attorneys that the worst paper in the world…[...]

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Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources of the Plaintiff and its…[...]

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Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney about your specific case. Why Experts Are Needed In foreclosure cases involving securitized loans—or loans subject to claims of securitization—the system is intentionally complex. The terms, methods, and money flows are far beyond the knowledge of an ordinary homeowner, lawyer, or…[...]

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Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

"In their quest for a windfall they have given the homeowners a path to justice --- one where the notice of default, notice of sale, notice of acceleration notice of right to reinstate and redemption rights are all screwed up (i.e., wrong and invalid). With 80%+ of the losses already paid, the loans could have been modified down to nothing…[...]

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Tags: dual tracking, FCPB, FDIC, INDYMAC, OneWest, Patrick Giunta
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |