As previously reported there is abundant statutory and case law support for holding the credit reporting companies (CRCs) liable for publishing false credit reports went they fail to conduct adequate due diligence. This is covered by the Fair Credit Reporting Act 15 U.S.C. §1681 et seq.  Like everyone else in the orbit of securitization claims their entire business (or most…[...]

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Why “Investor Trusts” in Foreclosure Cases May Be a Legal Illusion No Witness from the Named Claimant In foreclosure trials, one glaring fact repeats: there is never a competent witness from the named claimant. Instead: Testimony comes from independent contractors with no personal knowledge. They claim to be “familiar” with a servicer’s records, not the trust’s records. Courts accept this…[...]

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This letter directly addresses the fake currency known as cryptocurrency. The signatories are all major players in the arena of electronic commerce, payments, and communications. Their point is simple: the fact that someone could develop a method of encryption that is difficult to break is not a reason to label the end product as "currency." It isn't and it never…[...]

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The plain answer is no. I have tried a number of times to hold foreclosure mills accountable. But unless I was able to allege and use exhibits to support the allegations that the lawyer knew (i.e. personal knowledge) that he/she had no client, that there was no claim, that the claims were a fraud upon the court, etc., the lawyer…[...]

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Admissions in Court Can Trap Homeowners One of the most important—and least understood—facts about litigation is this: admitting an allegation, implied allegation, or even an argument in court makes it legally “true” even if it has no basis in reality. That’s why homeowners often lose cases unnecessarily. By admitting that a servicer is legitimate or that a PSA is a…[...]

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Making an offer to pay all that is demanded leads to some interesting issues that result in highly negative inferences for lawyers representing "clients" who are implied creditors --- i.e., companies or business entities that (a) exist and (b) own an underlying obligation to pay money (corroborated by an unpaid loan account receivable on the books and records of the…[...]

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I have received thousands of emails over the years in which partially informed laypeople have been radicalized into believing that the entire mortgage meltdown --- and the meltdown in other transactions that were labeled as "loans" --- was laid at the feet of the Federal Reserve. First, let me say that they are not entirely wrong. But blaming it on…[...]

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Disclaimer: This article is for educational purposes only. It is not legal advice. Consult with a licensed attorney before acting on anything discussed here. Why This Case Matters The case of DreamBuilder Investors v. MERSCORP Holdings, Inc. offers important clues for how to: Sue MERS directly, and Demand discovery from MERS (as either a party or a non-party). Like many…[...]

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Posted in Fabrication of documents, foreclosure defenses |

Over the years many lawyers and laypeople have sent me proposed motions to disqualify or bar opposing counsel from representing to the court that the bank he or she named in a complaint or claim is his client. It seems like an open secret that virtually no lawyer engaged in the foreclosure process is actually representing that bank; it is…[...]

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OK. There are several aspects here. The most important one is to educate the judge and persuade the judge to apply existing legislative laws specifically the state laws adopting 9-203 of the UCC verbatim. * Your problem is always that the focus on the note presumes that the note is evidence of an underlying obligation owned by the holder of the note.…[...]

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