Corroborating what I have been saying for years on this blog, the Supreme Court of the state of California is reasserting its position that if entity ABC wants to collect on a debt in California, then that particular entity must own the debt. This is basic common sense and simply follows article 9 of the Uniform Commercial Code. If a…[...]

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Tags: ARTICLE 9, borrower, California Supreme Court, creditor, DEBTOR, Glaski, Investor, ownership of the note, recusal, UNIFORM COMMERCIAL CODE
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Mantor for Assessor/Recorder/Clerk of San Diego County Editor's note: I don't actually know Mantor so I cannot endorse him personally --- but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder's Position. I think his aim is…[...]

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Tags: CALIFORNIA, corruption of title, DEED OF TRUST, foreclosure, foreclosure auction rigging, George W. Mantor, investors, Mortgage, note, POLITICS, Wall Street Corruption
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I know from past experience that the prosecuting attorneys at bar associations tend to move in packs. There is actually a pretty good reason for this. Certain practices by attorneys are emulated by other attorneys and spreads from state to state. Based upon a recent decision in New York State, I believe we're going to see some serious prosecutions against…[...]

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Tags: 2008-10218, attorney discipline, Bar grievances, code of professional responsibility, foreclosure mills, imputed knowledge, Matter of Cohen & Slamowitz, New York State, perjury, personal knowledge
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

No, there isn't a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed --- the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority to foreclosure should be sufficient…[...]

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Tags: beneficiary, BURDEN OF PROOF, complex litigation, due process, interpleader, judicial foreclosure, new beneficiary, nonjudicial foreclosure, structured finance, Substitution of Trustee, Trustee on deedof trust, trustee on MBS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I'll be in our Broward office and traveling around Dade County and Palm Beach County meeting with clients, lawyers, and experts. If you want to schedule a meeting or consultation starting next Monday through most of March, call 954-495-9867. If you have an attorney, bring him or her. If you have a forensic title and securitization report, bring that too.…[...]

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The guest this week is James Macklin a veteran of the foreclosure wars and a forensic analyst working with Garfield Kelley and White, LLC. He has been a relentless advocate for distressed homeowners in the foreclosure wars. He will be talking about the success aggressive trial lawyers are having by standing their ground on Article 9, which requires that the…[...]

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I appreciate the fact that so many people remembered. At 67, I am still waging the war and I intend to continue on your behalf until I can't anymore. My health is good, my energy is high, and I'm continuing to learn more as I conduct the most intensive research project in my career --- 7 years so far.[...]

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So far he is three for three and he has no plans to stop filing complaints against notaries who signed false, fabricated affidavits. Ken McLeod (Arizona) is about the best investigator for economic crimes that I have ever come across. I won't publish his number because the last time I did that he was swamped with calls and couldn't do…[...]

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Tags: affidavit, Ken McLeod, licenses, notary, NULLIFICATION OF INSTRUMENT, recording instruments, revocation, testimony, validity of instrument
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor's Comment: One of the interesting things about this case is where we all stood on application of law back in 1979 versus what goes on now. If you read the entire case --- pointed out to me by "KC" in her comments to the blog, you see how the court approached this case in an entirely different state of…[...]

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Tags: 600 P.2d 573 (Wash. Ct. App. 1979), MGIC FIN. v. HA Briggs Co.
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be real parties in interest. I…[...]

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Tags: ABUSIVE LOAN PRACTICES, assignments, bank of new york, business records exception, competency of witness, DANIEL YOHALEM, endorsements, FEDERAL PREEMMPTION --- OCC STATEMENT, FREDERICK ROWE, hearsay, HLPA, holder of note, JOSEPH ROMERO, JOSHUA SIMMS, JUDICIAL SELF GOVERNANCE, JURISDICITION, KATHERINE ELIZABETH MURRAY, liar loans, MARY ROMERO, MERS, New Mexico, NEW MEXICO ATTORNEY, personal knowledge, POPULAR FINANCIAL SERVICES MORTGAGE PASS THROUGH CERTIFICATE SERIES #2006, RIGHT TO ENFORCE MORTGAGE, RIGHT TO ENFORCE NOTE, standing, Supreme Court, UCC AND FORECLOSURES
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |