CHASE-WAMU MERGER CONSIDERED IN MICHIGAN COURT OF APPEALS AS NOT AN ASSIGNMENT.  BOA FORECLOSURE DISMISSED AND REMANDED FOR LACK OF STANDING. And next is an interesting favorable decision in the State of Michigan entered June 6, 2013 but not yet published. Sobh-v-Bof-A, Chase et al Bank of America was found to LACK STANDING to Foreclose. So far so good. But…[...]

Continue Reading

I won't give specific comments publicly because I don't want to tip off the opposition to why this was done so well and how he elicited the testimony he wanted. And while many of us who are veteran litigators could point to possible other maneuvers, we are talking style more than substance. This is about as close as you are…[...]

Continue Reading

There is an old expression which I may have used on this site before says "you know that you are over the target when you start getting flack." In a variety of ways, we have uncovered a number of strategies being employed by the large banks on Wall Street directed at discrediting the discussion on this blog and making it…[...]

Continue Reading

Want to know why the blog is called "Living Lies"? Then read this: see affidavit.boa3.djk see also Memorandum to Certify Class: Editor's Note: This is where the banks are at their most vulnerable.. They have gone to great lengths to create the illusion that they were modifying loans or even willing to do so when in fact what they really…[...]

Continue Reading

  "servicer may be considered a party in interest to commence legal action as long as the trustee joins or ratifies its action." ElstonLeetsdale LLC v CWCapital Asset Management LLC-1 This ought to be interesting. If Deutsch, or U.S. Bank, or Bank of New York, or any of the other "Trustees" join or ratify the action then they are asserting,…[...]

Continue Reading

Amongst the cases I review and manage, the question was raised by one of the homeowners as to why I insisted on holding both the originator and subsequent intermediaries in the alleged securitization chain and/or table-funded loan where both the party alleging having (1) the capacity to sue see SEC Corroborates Livinglies Position on Third Party Payment While Texas BKR…[...]

Continue Reading

Maybe this should have been divided into three articles: Saldivar: Texas BKR Judge finds Assignment Void not voidable. It never happened. Erobobo: NY Judge rules ownership of note is burden of the banks. Not standing but rather capacity to sue without injury. SEC Orders Credit Suisse to disgorge illegal profits back to investors. Principal balances of borrowers may be reduced.…[...]

Continue Reading

Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers?  How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of "Allonge" ignored? IF THE COURT IS USING THE TERMS…[...]

Continue Reading

REMEMBER TO DIAL IN ON NEW NUMBER FOR MEMBERS' TELECONFERENCE TONIGHT: 1-626-677-3000 Editor's Comment: Every case is different so this is not a comment on any specific case nor should you act on anything you read here without in-depth consultation with a trusted adviser. As I have stated many times in my appearances at seminars, radio and television the first…[...]

Continue Reading

My consistency should be lauded instead of ignored. I represent one of the few people left who were on Wall Street in the late 1960's and early 1970's and who used layered bundling of derivative securities in the 1980's to finance investments in commercial and residential real estate. Back when I started on Wall Street in my early 20's I…[...]

Continue Reading