Wall Street was not responding to legitimate consumer demand, it was creating an artificial demand simply to create mortgage product to feed its securitization machine and generate big fees for itself. Comment from Reader: "MERS and the Pretender Lenders are seeking the courts to credit them with a touchdown despite the obvious fact that they do not and never did…[...]
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EDITOR'S NOTE: usedkarguy gets it pretty well. He submitted the following comment which I have edited into this post, but I retain all his basic observations. This one deserves a re-read. Essentially he is proving a major point: You can't pick up one end of the stick without picking up the other. If the pretender lenders are claiming that the…[...]
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It is difficult to imagine anything more obvious than splitting the risk taking core model of Wall Street from the risk averse core model of banking. The dilution of Glass-Steagel over the years and its eventual repeal is exactly how we got into this mess. Coupling that with deregulation and non-transparency created a context in which (moral hazard) theft was…[...]
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The Truth Will Set You Free: The Logic and the Law are Simple and Old as Common Law Dating Back Centuries
Oct 20, 2009
Thanks to Deontos: Editor's Note: The logic is simple, basic and the law is old, accepted and "black letter." No new law is needed to overturn all the foreclosures since 2001, no fancy footwork is required to throw the bums out of court and sue them for the damage they created when they filed false papers to foreclose. All that…[...]
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Editor's Note: From Home, to Car to Shelter. It's a common story and a tragedy. But if that is a tragedy then where is the outrage when we add the component that she was probably wrongly dispossessed, that she probably still owns her house and that if she had proper legal representation in a court of competent jurisdiction, where the…[...]
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Many thanks to Amazon for making it easy. Livinglies now beamed directly onto your Kindle with the latest posts, news, forms, cases and statutes. This is the #1 Site on the Internet for resources and research on the Mortgage Meltdown, Foreclosure Litigation, Forensic Review and Analysis, CLE Seminars for Attorneys, Forms for Pro Se Litigants, News, Cases, Statutes, Comment and…[...]
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Judge Long Massachusetts Foreclosure Decision Throws Securitization Intermediaries into Chaos, REO Sales Stopped
Oct 16, 2009
Editor's Note: Anyone who underestimates the importance of Judge Long's decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims from clients seeking advice. “Borrowers…[...]
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JC question shows the way to recovery of equity and helping two or more homeowners for the price of one
Oct 15, 2009
JC question shows the way to recovery of equity and helping two or more homeowners for the price of one. Seek damages under any of the theories we have suggested here or any one we have a not thought of and if you get a final judgment for damages it will either be paid by the pretender lender or not.…[...]
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First, you must realize that they are not "Law" with a capital "L". Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, the money issues at origination…[...]
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Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor's Note: The "principal" is the "lender" is the creditor" is the "real party in interest" is the "only party that advanced cash" to fund the…[...]
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