Editor's Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the "freedom of contract" doctrine, it still cannot be used to abuse and trick people…[...]

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Tags: cloud on the title, due process, Florida, Florida bankers Association, foreclosure sales, freedom of contract, Homeowner Relief and Housing Recovery Act, House Bill 152, House Criminal & Civil Justice Council, judicial determination, judicial economy, Malcolm Doney, merits of claims, non-judicial foreclosure sales, NON-JUDICIAL SALE, notice, Owner of a Promissory Note, rally, Tally, without prejudice
Posted in bubble, Corruption, Eviction, securities fraud |

From Max Gardner - QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED "When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless" Editor's Note: We know that MERS is named as nominee as beneficiary. We know that MERS is NOT named…[...]

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Tags: assignment, Aurora, Bellistri, Bellistri v Ocwen Loan Servicing, beneficiary, BNC, Case Decisions, DEED OF TRUST, derivative mortgage-backed securities, HERS, HOLDER, jurisdiction, Lehman, MERS, Mo App.20100309, Mortgage Electronic Registration System (MERS), note, Ocwen Loan Servicing, Phillip Gebhardt, quiet title, REAL PARTY IN INTEREST, splitting note and mortgage, standing
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

In my opinion, the growing anger at Wall Street is giving Lloyd Blankfein and Jamie Dimon another chance at misdirection. They are using the current popular angst to steer the debate into whether derivatives and synthetic CDOs should be banned. In the end they will win that debate, and they should win it. What they should lose is their freedom…[...]

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Tags: Blankfein, BOND, co-obligors, creditor, DEBTOR, derivatives, Dimon, disclosure, DVL, Ebbers, Federal reserve, fraud, FTC, insurance, intermediaries, liquidity, mortgages, note, notes, obligations, OCC, OTS, prosecution, QWR, regulation, RESPA, TILA, transparency, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

Editor's Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so for MOST claims arising under…[...]

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Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

FLORIDA HOMEOWNERS TO RALLY AT THE CAPITAL THIS WEEK IN TALLAHASSEE ————————————————————————- Foreclosure Fraud | April 17, 2010 For all of you who can not attend the Historic Rally in Tally, and still want to be part of the event, below is a press release that can be sent by email, fax, or phone to all of the media outlets…[...]

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33-9117 Proposed ABS Regulations The recent financial crisis highlighted that investors and other participants in the securitization market did not have the necessary tools to be able to fully understand the risk underlying those securities and did not value those securities properly or accurately.[...]

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Posted in bubble, Corruption, Eviction, securities fraud |

Your allegations of intentional misdeeds, fabricated documents and forgeries have new life now that the SEC is hot on the trail of the wrongdoers in a very public way. As the news sinks in more and more Judges, lawyers and experts and forensic analysts will see their role more as a commitment to justice than just helping out a homeowner…[...]

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Tags: affordability, appraisal verification, belief, confidence, fabricated documents, fair market value, forgeries, Goldman Sachs, income verification, industry underwriting standards, intentional misdeeds, NASDAQ, pretender lenders, TILA, Truth in Lending Law, underwriting standards
Posted in bubble, Corruption, Eviction, securities fraud |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. " There should be no doubt in your mind now that virtually none of the foreclosures processed,…[...]

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Tags: accounting, allocation of payments, and advances, Bank of America, CALIFORNIA, creditor, delinquency status, discovery, foreclosure suit, foreclosures, Goldman Sachs, Hagens Berman Sobol Shapiro, INVESTORS TAKE NOTE, Notice of Default, Notice of Sale, Obligation, payments, pool, principal reduction, profits, sale to investors, SEC, SPV pools, Steve Berman, TARP, TARP regulations, third party payments, undisclosed fees
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor's Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn't THE obligation. And by the way…[...]

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Tags: 09-04083, accounting, AMbac, appointment of a receiver, Aunt Alice, authenticated business records, Bank of America Corp, Bank of New York Mellon Corp, banks, Bloomberg LP v. Board of Governors of the Federal Reserve System, bloomberg.net., Bob Ivry, Citigroup Inc, Clearing House Association, Clearing House Payments Co, competent witnesses, conceivable doubt, credit default swaps, crisis, Deutsche Bank AG, evidence of the obligation, Fed, Freedom of Information Act, HERS, High Court, HSBC Holdings Plc, JPMorgan Chase & Co, Maiden Lane, MERS, motion for lift stay, Obligation, Paul Saltzman, PNC Financial Services Group Inc, proceeds of the borrowers transaction, PSA, receiver, Saltzman, servicers, summary judgment, TALF, TARP, The Clearing House Association LLC, The New York Times, third party sources, Thomas Golden, U.S. Bancorp, U.S. Court of Appeals in Manhattan, UBS AG, Wells Fargo & Co, Willkie Farr & Gallagher LL
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Editor's Note: This is the securities equivalent of MERS or HERS. SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984] Adoption of Updated EDGAR Filer Manual AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR)…[...]

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Tags: (202) 551-3600, (202) 551-5352, (202) 551-8800, [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984, 17 CFR Part 232, Adoption of Updated EDGAR Filer Manual, Analysis, and Retrieval System (EDGAR), Assistant Director of the Office of Interactive Disclosure, at (202) 551-6989, Cecile Peters, Chief, Code of Federal Regulations, Division of Investment Management, EDGAR Filer Manual, EDGAR Release 9.17, EDGARLink Submission Template 3, Electronic Data Gathering, HERS, Investment Companies Act, Jeffrey Naumann, MERS, Office of Information Technology, Office of Legal and Disclosure, Regulatory Flexibility Act, Rick Heroux, Ruth Armfield Sanders, Securities and Exchange Commission, Senior Special Counsel, XBRL/Interactive Data tagging
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