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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The coming collapse of the housing market and the intersection with securities and foreclosures
Sep 29, 2022
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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If you ever saw the movie "My Cousin Vinnie," you saw his description of how you build a case against someone or a defense against the claim. It is like brickwork. While some lawyers (myself included) have occasionally been successful at getting rid of a case in one fell swell early swoop, it is rare. Each element you described needs to be…[...]
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Helping Homeowners Fight MERS Foreclosure Problems If your home is tied to a MERS foreclosure, things can get confusing. Many homeowners we helped didn’t realize that Mortgage Electronic Registration Systems (MERS) may appeared on their loan even though it never owned or funded their mortgage. At Living Lies, we help homeowners uncover the truth about who really owns their loan…[...]Continue Reading
It occurs to me that most homeowners and most consumers who think they are installment payment contracts could send the following example of a letter I recently proposed to a client. If many homeowners and other consumers of financial products did this, it would raise the level of awareness in government and might even produce some interesting results. I think…[...]
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In no case has any successor to MERS ever been alleged or proven. Unless some third party acquired both the originator and the underlying obligation from the defunct originator (which never happens), no party can direct MERS. The problem with the law is that you must scrutinize every word down to the smallest component or you risk missing the entire point. * MERS…[...]
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Here is the magic bullet: It is the one thing that the foreclosure mill doesn't have — proof of title
Sep 23, 2022
"Title" means that legally the person possessing title has the right to treat the subject property as his/her/their own and to use such property in any legal manner. In thumbing through the latest edition of Florida Secretary and perusing the approved forms for use in law practice, it is obvious that one thing is very clear. There is no approved…[...]
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For those "refinancing" transctions, homeowners might literally, morally and legally owe nothing.
Sep 22, 2022
the lawyer representing you might consider forcing the issue and asking whether the claimant is asserting HDC status. Or the lawyer might assert to the judge that the presumptions the lawyer from the foreclosure mill wants the court to use in considering the arguments of the case are the equivalent of treating the claimant as having HDC status. (And if…[...]
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