Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN RENO, NV) et al has…[...]

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Tags: 9TH CIRCUIT COURT OF APPEALS, Bosco, damages to homeowner, findsen, Hager, MERS, quiet title, slander of title, splitting note and mortgage, Stauffer, wrongful foreclosure
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I am suggesting that the burden of proof for an HDC is different from the burden of proof for a holder with rights to enforce. The burden of proof in any case is to prove the elements of the case that has been alleged. The stated allegations in every case carry presumptions of validity for purposes of a motion to…[...]

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There are a great number of strategies, tactics and schemes to avoid foreclosure and eviction from properties. Unfortunately this is brought out schemers who are taking advantage of the vulnerability of people whose emotional status is fragile at best and whose judgment is clouded. There are two things you need to watch out for. One is a large upfront retainer…[...]

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Tags: fidelity
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Statement from corporate representative of the spokesperson for Fannie and Freddie in Congressional hearing: "We don’t originate loans, and we don’t service loans. Rather, Freddie Mac provides guidelines for the origination and servicing of our loans, and contracts withsellers and servicers to carry out these operations. Institutions conducting these activities with respect to Freddie Mac loans represent and warrant to…[...]

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Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by "securitization" --- especially foreclosure defense attorneys. If nothing else there is corroboration of…[...]

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Tags: mortgages, privity of contract, promissory notes, securitization, splitting the notes and mortgages, UCC
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The problem with the site whose link appears below is that it is not authoritative. But we can treat it as though it was authoritative. The principal point is that even where Fannie and Freddie have "purchased" a loan it was for the express purpose of resale into the secondary market the trusts. In most cases Fannie and Freddie served…[...]

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Tags: Fannie, Freddie, Who owns my loan?
Posted in Corruption, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

First we need to acknowledge that the purchase or refinance for a home is the largest financial transaction that the average citizen ever enters. Second we need to acknowledge that the purchase or refinance of a home is the largest financial transaction that an average citizen CAN enter. Third we need to acknowledge that collectively the purchases and refinancing of…[...]

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Martha Coakley warned that Fannie and Freddie that they were about to be sued if they did not change their buyback policies. The current industry standard practice is to prevent former homeowners from regaining ownership or possession of their homes after foreclosure. Several nonprofit organizations and other entities have sought to provide relief not only to the homeowners but to…[...]

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We celebrate our 4,000th article with the publication of this Post. :) Thanks to all our devoted readers. --------------------------------------------------- Those who fail to remember the lessons of history are condemned to repeat it. That is a paraphrase of an oft quoted statement. We are seeing it now. But the subtext is usually ignored which of course means we are condemned…[...]

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Consult with a lawyer licensed in the jurisdiction of the dispute before deciding or acting upon anything on this blog. I was taken to task for one of my comments by a person who is extremely knowledgeable in the banking industry and with respect to mortgages. He was thrown off by appellate assertions that in certain states and in certain…[...]

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