OCTOBER 2008 NEWSLETTER ADVOCATES FOR JUSTICE ADVOCATES TEAM just stopped Countrywide’s foreclosure of homeowner in the San Bernadino, CA. area today. A temporary restraining order was granted stopping the scheduled foreclosure sale for Oct. 20th. A preliminary hearing is set for Nov. 3rd on the issue of a preliminary injunction, the stopping of the sale until the merits of the…[...]

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Tags: countrywide, foreclosure defense
Posted in Eviction |

One new answer we are getting when we ask for the identity of the real holder in due course of the note is "that information is confidential. You are not entitled to that." Of course this is ridiculous --- if you signed a note and it has been "assigned" to some third party, you have a right to know where…[...]

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Tags: assignees, foreclosure defense, foreclosure offense, pooling, underwriting
Posted in Eviction |

The New York Times Story Below shows the coming wave of defaults and additional credit problems to hit. Think about it --- where did the money come from for those teaser rates at 0% on credit cards for one year or more. It came from investors who thought they were buying a performing asset at 29% or who thought that…[...]

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Tags: consumer defense, foreclosure defense, securitization loans
Posted in Eviction |

I'm sure many clients have had some conversation or asked for advice concerning their financial situation and in particular their homes. I am the author of this blog site --- www.livinglies.wordpress.com --- that seeks to aid people who are the victims of illegal lending practices. Most attorneys are passing up an unparalleled opportunity to earn high fees and high satisfaction…[...]

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Tags: fees, foreclosure defense, foreclosure offense, fraud, lawyers
Posted in Eviction |

In Rooker v. Fidelity Trust Company, 263 U.S. 413, 416 (1923) the Court held that the federal district court had no subject matter jurisdiction to entertain what was essentially an appeal seeking to review the substantive merits of a final state court judgment. The Court noted that the common law bill was merely an attempt to collaterally attack the judgment…[...]

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Tags: foreclosure defense and offense, Rooker feldman
Posted in Eviction |

cases-dismissed-for-lack-of-standing-1 AmericanBrokersConduitvZAMALLOAJudgeSCHACK11Sep2007 AmericanBrokersConduitvZAMALLOAJudgeSCHACK28Jan2008 AuroraLoanServicesvMACPHERSONJudgeFARNETI11Mar2008 BankofNYNAvSINGHJudgeKURTZ14Dec2007 BankofNYNAvTORRESJudgeCOSTELLO11Mar2008 BankofNYNAvOROSCOJudgeSCHACK19Nov2007 CitiMortgageInc.vBROWNJudgeFARNETI13Mar2008 CountrywideMortgagevBERLIUKJudgeCOSTELLO13Mar2008 DeutscheBankv.Barnes-JudgmentEntry DeutscheBankv.Barnes-WithdrawalofObjectionsandMTD DeutscheBankvALEMANYJudgeCOSTELLO07Jan2008 DeutscheBankvBenjaminCRUZJudgeKURTZ21May2008 DeutscheBankvYobannaCRUZJudgeKURTZ21May2008 DeutscheBankvCABAROYJudgeCOSTELLO02Apr2008 heBankvCASTELLANOS2007NYSlipOp50978UJudgeSCHACK11May2007 heBankvCASTELLANOS2008NYSlipOp50033UJudgeSCHACK14Jan2008 DeutscheBankvCLOUDEN2007NYSlipOp51767UJudgeSCHACK18Sep2007 DeutscheBankvEZAGUIJudgeSCHACK21Dec2007 DeutscheBankvGRANTJudgeSCHACK25Apr2008 DeutscheBankvHARRISJudgeSCHACK05Feb2008 DeutscheBankv.LaCrosse,Cede,DTCComplaint DeutscheBankvNICHOLLSJudgeKURTZ21May2008 DeutscheBankvRYANJudgeKURTZ29Jan2008 DeutscheBankvSAMPSONJudgeKURTZ16Jan2008 GMACMortgageLLCvMATTHEWSJudgeKURTZ10Jan2008 GMACMortgageLLCvSERAFINEJudgeCOSTELLO08Jan2008 HSBCBankUSANAvCIPRIANIJudgeCOSTELLO08Jan2008 HSBCBankUSANAvJACKJudgeCOSTELLO02Apr2008 IndyMacBankFSBvRODNEY-ROSSJudgeKURTZ15Jan2008 LaSalleBankNAvCHARLEUSJudgeKURTZ03Jan2008 LaSalleBankNAvSMALLSJudgeKURTZ03Jan2008 PHHMortgageCorpvBARBERJudgeKURTZ15Jan2008 PropertyAssetManagementvHUAYTA05Dec2007 Rivera, In Re ServicesLLCvSATTAR2007NYSlipOp51895UJudgeSCHACK09Oct2007 USBankNAvAUGUSTEJudgeKURTZ27Nov2007 USBankNAvGRANTJudgeKURTZ14Dec2007 USBankNAvROUNDTREEJudgeBURKE11Oct2007 USBankNAvVILLARUELJudgeKURTZ01Feb2008 WellsFargoBankNAvHAMPTONJudgeKURTZ03Jan2008 Wells Fargo,Litton Loan v. Farmer WITH PREJUDICE Judge Schack June2008 Wells Fargo v. Reyes WITH PREJUDICE,Fraud on…[...]

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Tags: foreclosure defense and offense
Posted in Eviction |

SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO --- KEEP YOUR HOME!!! In my Saturday morning studies I ran across the following article that got me to thinking about how exhausted we are mentally, physically, emotionally and spiritually. 20 million…[...]

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Tags: blame, bravery, cowardice, foreclosure defense, fraud, Lieberman
Posted in Eviction |

October 23, 2008 Alan Greenspan was wrong today when he said that investors did not look critically enough at the ratings. Finance is based upon trust, and these companies had been trustworthy for many decades. Here is the real story. The very notion of pooling is and was illegal. Allocation of payments, recording statutes, recording fees, non-disclosure of lender (interfering…[...]

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Tags: Appraisal, foreclosure defense, foreclosure offense, fraud, GREENSPAN, TOXIC WASTE
Posted in Eviction |

It is a central point of the discussion on securitization that usury lies at the heart of every claim. Unfortunately many states have eliminated usury laws but still maintain maximum interest laws, which can be used to state that the loan violates the state law on the maximum interest that can be charged. While the limits vary widely from 5%…[...]

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Tags: fiduciary duty, foreclosure defense, foreclosure offense, identity theft, usury
Posted in Eviction |

GOOD COMMENT FROM AngellaMorning@aol.com THIS IS SIMILAR TO THE NOTICE TO TRUSTEE AND NOTICE OF NON-COMPLIANCE FOUND ON THE BLOG. THE ATTORNEY IS SUPPOSED TO PERFORM DUE DILIGENCE. IF HE/SHE DID, THEN HE/SHE WOULD KNOW THAT THE FACTS ARE NOT QUITE AS SIMPLE AS THE DEMAND LETTERS, NOTICES OF DELINQUENCY, NOTICES OF DEFAULT AND FORECLOSURE PROCEEDINGS WOULD HAVE OTHERS BELIEVE.…[...]

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Tags: ATTORNEY DUE DILIGENCE, BARRETT DAFFIN FRAPPIER TURNER AND ENGLE, DEBT COLLECTOR, FIRST HORIZON HOME LOANS, LLP, TEXAS FINANCE CODE CHAPTER 392 SECTION 6, TEXAS LAW, TRUSTEE DUE DILIGENCE
Posted in bubble, Eviction |