Interesting Post from Anna: Editor's Note: As I have repeatedly said unless the pretender lender volunteers, NOTHING stops a foreclosure other than an Order signed by a Judge in a Court of competent jurisdiction, which includes the automatic stay relief afforded by filing a petition for debtor relief in Chapter 7, 11 or 13 Bankruptcy. NOBODY has a right to…[...]
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California Reconveyance is suspect for many reasons
May 22, 2010
That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says they are either the trustee…[...]
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AND the indictments start
May 21, 2010
“This will go on for a long time and a lot of people will be indicted,” “The government continues to show that it simply doesn’t understand how this market operated,” Editor's Note: If you read this carefully, you get a flavor of how the derivative scam adventure involved everyone except its victims. Mind you, there is nothing wrong and probably…[...]
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Since the entire scheme was based upon using money advanced by investors, why are they not the beneficiaries on the mortgage or deed of trust and why were they not the payee on the note? The investors would not have advanced any money without getting a certificated or non-certificated interest in the pool of assets "purchased" with money from a…[...]
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It's part of motion practice and part of other preparation for an evidentiary hearing. Although it is rare that these matters are set for hearings where witnesses testify and documents are proffered in evidence, they are becoming more common. That's why I am considering doing the "OBJECTION! Workshop" in August or November which is the companion to the Discovery and…[...]
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I'm probably partly to blame for this notion so I want to correct it. The goal is NOT to get your house for free, although that COULD be the result, as we have seen in a few hundred cases. The simple answer is "No Judge I am not trying to get my house for free, I'm trying to stop THEM…[...]
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There’s more than one way to attack the prima facie case though—here’s a good example of a nice result from attacking the assignment… This NY decision lays out the legal reasoning for dismissing cases for problematic assignments: Decided on April 19, 2010 Supreme Court, Kings County The Bank of New York, as trustee for the benefit of the Certificateholders, CWABS,…[...]
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According to two EMC analysts, they were encouraged to just make up data like FICO scores if the lenders they purchased loans in bulk from wouldn't get back to them promptly Editors' Note: With Bear Stearns "underwater" it is difficult to come up with scenario where there won't be criminal charges brought against the bankers and traders who worked there.…[...]
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EDITOR'S NOTES: BASICALLY IT IS ABOUT MONEY: Investment Banks make more money as long as the loans are non performing All the other intermediaries make more money while the loans are non-performing The details of securitization as a scheme to defraud investors and borrowers are kept under wraps Insurance is only paid on loans that are devalued or in default…[...]
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SECURITIZATION If They Did It Right Sometimes it IS easier to prove a negative than a positive. Your opposition has far more facts than you do and in due process, should be required to prove them up into a prima facie case using real evidence from competent witnesses, with real documents that nobody played with before initiating foreclosure. So let's…[...]
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