FIP (Fraud in Process) Proof Not much to say here except possible Bar Grievance Criminal Complaint Civil Damage Complaint Administrative Complaint against people or entities chartered or having licenses Did I miss anything?[...]

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More and more Judges are finding ways to destroy the entire mortgage --- a message to those "lenders" who refuse to reduce principal as settlement of the dispute. Rabin v Brigid Bankr N D Ohio May21 2010 TrusteeMayAvoidMtgDueDefectiveNotary Submitted by Max Gardner[...]

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NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is lower than the Judgment, then…[...]

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Tags: allegations, ARIZONA, authentication, burden proof, competent witness, due process, election of non-judicial sale, exhibits, FOUNDATION, judicial, judicial economy, lawsuit, NON-JUDICIAL SALE, objection to sale, prima facie case, PROOF
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE Today, May 25, 2010, 4 hours ago | Jeff Barnes May 25, 2010 A Montana Circuit Judge entered a preliminary injunction yesterday enjoining MERS, Recontrust, and Countrywide from undertaking any action to sell, encumber, or transfer the borrower’s property during the pendency of the borrower’s lawsuit challenging a non-judicial…[...]

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Tags: assignment, countrywide, Eric Hummel, fraudulent representation, HERS, Jeff Barnes, lawful assignment, MERS, Montana, notice of trustee sale., Preliminary Injunction, ReconTrust, TRO
Posted in Corruption, Eviction, foreclosure mill, Modification, securities fraud, Servicer |

Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. SEE MERSdecision 5-20-10[...]

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Tags: assignments, Bayshore, debt, endorsements, HERS, MERS, Mortgage, note, Obligation, REAL PARTY IN INTEREST, standing
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

WHOA! Florida Judge Wipes Out Homeowner’s $207,000 Mortgage! Read the Transcript: 5 25 10 fla miami transcript Bailey voids mortgage Editor's Note: Don't expect this result every time but we are turning the corner. Also don't tell the Judge you are there for a free house. Tell him or her that you want the benefit of the bargain you struck…[...]

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SUBMITTED BY MAX GARDNER. HIS NEXT BOOT CAMP IS MAY 20, 2010 SEE Bellistri v Ocwen Loan Servicing, Mo App.20100309 Bellistri paid the taxes for three years, then sent notice to Crouther and  BNC that he was applying for a collector's deed. After BNC failed to redeem (which means "pay the taxes with interest and penalties," so that Bellistri could…[...]

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TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 billion in third party payments…[...]

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Tags: Allocation of Third Party Payments, appraisal fraud, default, FICO, HERS, identity theft, Mortgage, note mortgage, Obligation, payments, principal, securities fraud
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

I'm told by some industry insiders that you can buy a piece of our loan for pennies on the dollar, much the same as NPR did when they wanted to track the money and documents through the securitization structure. That's a good goal because it will give you "inside information" on what the pretender lenders SAY happened to your loan.…[...]

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Tags: accountant, allocation to the pool, appraisal fraud, default, expert, forensic analyst, generally accepted accounting principles, individual loans in the pool, MBS holders, SECURITIZATION DOCUMENTS, third party payments, true balance of the obligation
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

VERY Interesting dialogue. Like Socrates, it makes its point by analogy. If the free money came from the borrower, there would be no question about whether the "bank" was owed the money --- in fact it would be the "bank" that owed the money to its customer. So why is it OK for them to claim the money when they…[...]

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