SECURITIZATION CHANGED THE BARGAIN. ONLY THE FINANCE SIDE GOT WHAT THEY WANTED. People often criticize the points I make an appearance, articles, and pleadings because they think I am raising technical objections that won't change anything. "You got the loan, didn't you?" Actually no --- virtually none of the transactions with homeowners resulted in anything resembling a loan agreement arising…[...]

Continue Reading

Posted in Uncategorized |

Here is a line from another lawyer that I spoke with: "The investment banks were not selling securities and they can't say that they were because if they did say that then they would be saying that they were subject to registration requirements for initial public offerings. Their entire position is based on the assertion that compliance with SEC rules…[...]

Continue Reading

Posted in Uncategorized |

I would ask HUD, and CFPB  why they are not investigating and fining entities like PennyMac and Wells Fargo who frequently start cases in which the lawyers claim they are the creditor and then later admit to only being the servicer without ever actually identifying the party who maintains and a trust account or a loan account receivable. In what other universe would a…[...]

Continue Reading

Posted in Uncategorized |

May everyone welcome the New Year with a sense of "relief in sight."  [...]

Continue Reading

Posted in Uncategorized |

OK. This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of absurdity (statutory trusts are not trusts), this ruling is highly significant. Allow me to say "I told you so." Here is the decision: REMIC Trust MTD-AC-decision-2021.12.13 Here is an article about the decision written by Ori Lev on December 16,…[...]

Continue Reading

Posted in Uncategorized |

see Better%2520Markets%2520-%2520Wall%2520Street%2527s%2520Six%2520Biggest%2520Bailed-Out%2520Banks%2520FINAL.pdf&clen=3848125&chunk=true Out of sign, out of mind. This report correctly describes the total in "bailouts" that went not to depository institutions but to risk-takers and frankly law violators on Wall Street. And part of the "bailout" was that those same businesses were suddenly chartered overnight to be licensed as commercial banking institutions -- so that the "bailouts" could be…[...]

Continue Reading

Posted in Uncategorized |

Disclaimer: This article is for educational purposes only and not legal advice. Always consult with a licensed attorney regarding your specific situation. Why Does “Wilmington” Keep Showing Up in Foreclosures? The name “Wilmington” appears with increasing frequency in foreclosure cases across the country. On the surface, it gives the impression of legitimacy — suggesting a trusted financial institution is pursuing…[...]

Continue Reading

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

The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled "Spoliation of Evidence and Non-party witnesses." The author is Gary M Glassman, who is the attorney for Daytona Beach. The major points of the article that I think are relevant to Foreclosure Defense litigation are that (A) spoliation has a very broad meaning…[...]

Continue Reading

Posted in discovery, Eviction, evidence, foreclosure defenses, foreclosure mill, Pleading |

You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it's time to stop using the labels that are promoted by the banks. * Companies that are claimed to be the "servicer", by all accounts, do…[...]

Continue Reading

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

People often tell me that they challenged something in court and that the judge completely ignored their challenge. The problem is that most people don't know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony, nearly all such cases consist of raising questions in the expectation that the…[...]

Continue Reading

Tags: bias, challenge, effective rebuttal, recusal
Posted in Uncategorized |