Wall Street investment brokerage firms acting as investmetn banks or commerical banks are now jittery about the possibility of 50+ attorneys general taking a hard look at the sale of complex financial products to consumers. Those firms know that feelings on main street are still raw. An ambitious State AG who seeks higher office might be spurred to action by…[...]

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It is by exposing the virtual nature of the transactions that allows homeowners to win in high numbers. It is by suppressing the truth about the transactions that the Wall Street investment banks and securities brokers make all their money. * In one of my consulting jobs, I am assisting the homeowner --- along with local counsel --- in understanding…[...]

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I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions from trial courts, and most of those are from Federal DIstrict judges (mainly because most, but not all, state court judges do not issue opinions justifying their rulings. Even in best-case scenarios, the opinion of a…[...]

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Wall Street is quietly shifting pieces around on a chess board that the homeowner does not know exists and cannot see. There are several examples of this. A shift from U.S. Bank to U.S. Bank Trust, alleged transfers (without payment) of alleged "accounts" from one named trust to another, the rise of "Legal Title Trustee" instead of just trustee, and…[...]

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The simple fact in almost every single foreclosure today is that the entity named as the claimant has absolutely no interest in the success or failure of the litigation. But they are addicted to the revenue that is generated from the permissive use of the claimant's name. So the way lawyers work around this basic fatal defect is by creating…[...]

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Tags: Lehman Brothers-Aurora Loan Service gambit.
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I can remember back when Nova Law Center was an old building on what had been a World War II airstrip. My fellow students and I would satisfy our need for speed on those runways. That was in 1974. I also remember my contracts professor, Samuel Bader (RIP). He pounded into our heads a simple but elusive fact of law.…[...]

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The main reason that Appellate Courts get it wrong when a homeowner appeals a decision is that the homeowner admits the basic legally required components (elements) of a foreclosure action. In arguing the point the typical homeowner fails to address the issue of whether the loan still existed, whether the obligation was unpaid, and who has the "loan" on their…[...]

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At least 40% of the inquiries received by my office ask what they can do after the auction has occurred or even after the REO property has been liquidated. As I have stated repeatedly in the past, the further you go procedurally the less likely you are to obtain any relief. If you want any of this reality to change,…[...]

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The biggest challenge that homeowners face is securing the services of a lawyer who really acts like a defense lawyer --- i.e., he or she seeks to win the case regardless of whether they think the client has committed a breach of contract or violation of law. These lawyers consistently win at least 65% of their cases even though they…[...]

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since loss mitigation is a statutory condition precedent to foreclosure, there is a failure to comply with the condition that requires loss mitigation exhaustion before pursuing foreclosure, the steamrolling of homeowners is not just wrong, it is also a breach of statutory duty for which the homeowner can seek injunctive relief, damages, and attorney fees. TILA-RESPA integrated disclosures (TRID) is…[...]

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Tags: TRID
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |