Missouri law has long upheld properly conducted foreclosure sales, even if the sale price seems unusually low. In good news for lenders, and indeed for all parties to a sale, another court of appeals has rejected a borrower’s effort to overturn this policy and upheld a challenged foreclosure sale. The Missouri Court of Appeals for the Southern District just confirmed…[...]

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Posted in Uncategorized |

I have been inundated by emails and comments from people who are frustrated by the apparent futility of challenging claims whose success depends solely and entirely on the ability of the lawyer for a designated claimant to outlast their targets --- i.e. consumers of fake debt products. * There is a substantive response and a procedural response. Here is my…[...]

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Posted in Uncategorized |

There is no sale of the obligation, note or mortgage and so there is no securitization of debt. By splitting the attributes of behavior from the provisions of the executed documents and changing the description of the behavior, an investment bank could, in essence, sell the apparent debt an unlimited number of times without ever recording the sale of the debt, note or mortgage. In…[...]

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Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Pleading, Servicer |

The claim of securitization is present in virtually every case of a loan account receivable. It is a false claim. All  subsquent claims to administer, collect or enforce the alleged loaon account receivable are therefore also false. But the false claim becomes the law of the case unless the consumer --- with no help from government agencies that are tasked…[...]

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Posted in Uncategorized |

I have long argued that any correspondence or agreements executed by homeowners as "borrowers" presented a danger of waiving all of their home equity. This is true as to the fundamental equation and to the statute of limitations. * The fundamental equation is that when the homeowner is contacted there is no loan account receivable and therefore no creditor. BUT…[...]

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See Naimoli v. Ocwen Loan Servicing, LLC, 20-1683-cv, at *15 (2d Cir. Jan. 7, 2022) The following was decided by the court to be covered violations, including a catch-all provision in which anything related to "servicing" is included: (1) Failure to accept a payment that conforms to the servicer's written requirements for the borrower to follow in making payments. (2)…[...]

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What Many Homeowners Don’t Know About Stopping Foreclosure After It Begins When foreclosure starts, many homeowners assume it’s already too late to stop foreclosure. That belief is often wrong. This case shows how a homeowner took the time to understand her mortgage, the foreclosure timeline, and the sale date process before giving up. By doing her homework, she learned that…[...]

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Tags: foreclosure defense, STOP FORECLOSURE
Posted in foreclosure defenses, Foreclosure Questions |

Most people cannot conceive of why they should have been paid more at the purported "Closing" of their transaction than what they received or what they think was paid on their behalf. * But the bottom line is that in most cases, whether the transaction involved a resale of the home or "refinancing," only a fraction of the money you…[...]

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Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, Pleading, Servicer |

First Horizon Home Loans files a foreclosure complaint in 2015, and during the proceeding, assigns the mortgage to Everbank who obtains judgment and Writ of Sale. Everbank assigns its Credit Bid to MTGLQ Investors, and the Bergen County Sheriff carries out the sale and issues the attached Deed for $100.00. Prior to the Sheriff's Sale, Everbank provides the Sheriff with…[...]

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The Fiction of “Prior Lender” Payments In nearly all cases, the money supposedly paid to a “prior lender” during refinancing—or even purchase money mortgages—is entirely or mostly fictional. This is true so long as the same underlying investment bank is behind both the buyer and seller, or both the new lender and the old lender. When Real Money Changes Hands…[...]

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Tags: refromation of mortgage transactions
Posted in discovery, expert witness, Modification, securities fraud |