I recommend against raising an issue that you cannot prove. Specifically, the allegation that there are false claims of securitization of debt broadens the litigation beyond that which the judge is likely to consider. Further it probably requires an allegation of fraud which increases your burden of proof to clear and convincing from the normal preponderance of the evidence. And…[...]

Continue Reading

Posted in Uncategorized |

As foreclosure filings and threats spike, so too will the number of fraudulent offerings that guarantee you an outcome, require upfront payment or worse --- ask you to deed the property to the kindly person who has "all the answers." Nobody has all the answers, and nobody can guarantee anything regarding foreclosures, modifications, or settlements. If they say they do…[...]

Continue Reading

Posted in Uncategorized |

I have been saying for years that the continuation of current securitization practices will result in another crash similar to 2008, although perhaps not quite severe. A key indicator is the number of pretender lenders that file for bankruptcy. It is spiking as you can see from the article contained in the link below. see https://finance.yahoo.com/news/us-mortgage-lenders-starting-bankrupt-191500850.html Lawmakers and law enforcement…[...]

Continue Reading

Posted in Uncategorized |

Ponzi schemes work because of the continuing success of the tactical big lie --- i.e., nobody would tell a lie that big because it would discovered and therefore it must be true. The big lie became deadly on Wall Street when it moved a deformed securitization tactic into the lending marketplace, claiming that loan accounts were being created. In truth,…[...]

Continue Reading

Posted in Uncategorized |

Many people try to draft lawsuits against the "servicers" and other actors who pretend to have credentials and status in connection with the existence, ownership, administration, collection, and enforcement of an implied unpaid loan account. When pro se litigants do it, they do so without knowledge of the normal rules of procedure and normal customs and practices in drafting a…[...]

Continue Reading

Posted in Uncategorized |

Most articles on foreclosure miss a critical point: mere possession of a promissory note does not entitle the possessor to enforce it — let alone foreclose on property. Possession Is Not Ownership A possessor is simply someone holding the original note. Example: if a courier delivers a promissory note and tries to enforce it, that would be theft. Possession alone…[...]

Continue Reading

Posted in Uncategorized |

Most of the "important" "correspondence" and "notices" in alleged claims to administer, collect or enforce alleged obligations due from homeowners is delivered to homeowners via carriers other than the US Post Post Office. That is because the alleged senders and the actual senders avoid criminal liability for potential mail fraud claims. Mail fraud statutes relate to the use of the…[...]

Continue Reading

Posted in Uncategorized |

Since the times of ancient Greece and even before that, it has been a commonly used statement that before discussion of an issue each party should precisely define their terms. The obvious conclusion has been that without agreed definitions, it is highly probable that each side is talking about something different and making no point in the debate. Every generation…[...]

Continue Reading

Tags: bookrunner, investment bank, refinancing, securitization, servicer, Servicer advances, standing, Underwriter
Posted in Uncategorized |

Hat tip to Ralph, who writes * Once a Lender has been paid, the Lender has been paid.  My point is that paragraph #23 is black & white...  It's only that Courts and Nincompoops overthink it that makes it ineffectual.  Read in the spirit of "Pain Language", it says all that needs to be said. "23.  Lender’s Obligation to Discharge…[...]

Continue Reading

Posted in Uncategorized |

I have long believed that the reason why Hillary Rodham Clinton became radioactive consisted of two things: first was the popularity of Ronald Reagan who hated a program that started with bipartisan consensus in 1971. It was called the Legal Services Corporation. The LSC was an obviously needed program to provide access to legal services to those who would otherwise…[...]

Continue Reading

Tags: Florida Bar, free market forces, Healthcare reform, Hillary Rodham Clinton, Legal Services Corporation, LSC, Ronald Reagan, Southern Legal Counsel organization
Posted in Uncategorized |