For you Californians or residents of other states who think your transaction is exempted from usury, take another look: (1) the real lender was not a bank and (2) the real transaction was securities transaction in which the borrower was duped into executing documents that consituted the start of the securitization process, so it wasn't your typical purchase money first…[...]

Continue Reading

Tags: 10k, converting non-judicial to judicial, foreclosure offense, lis pendens, notice to trustee, rescission, SEC filings, usury
Posted in Eviction |

Take away a person's home and you strike a blow to their hearts. Movements like this will likely increase until real relief occurs for borrowers. So far, we have seen relief for investors, investment bankers, banks etc. --- anyone with big money and a lot of clout. But individuals, banded together, have far more clout --- financially and politically ---…[...]

Continue Reading

Tags: mortgage meltdown, social unrest
Posted in Eviction |

LIS PENDENS --- see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for "a suit pending." The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice is usually filed in the…[...]

Continue Reading

Tags: BOND, foreclosure defense, foreclosure offense, lis pendens, usury
Posted in Eviction |

They might have meant to do it and they might not have thought of it, but the effect of the funding created by The Federal Reserve that bailed out the investment banks so that the investment banks could bail out the investors in ABS certificates, is that the mortgages and notes are satisfied twice over and the borrowers have already…[...]

Continue Reading

Tags: ABS certificates, bailout, fair market value, Federal reserve, foreclosure defense, foreclosure offense
Posted in Eviction |

I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER "ABOUT NEIL GARFIELD" AND ELSEWHERE AS POSTED BY MARIO KENNY. HE'S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY LIE TO THE SEC THEY…[...]

Continue Reading

Tags: criminal acts, duty to disclose, duty to record, foreclosure defense, foreclosure offense, securitization
Posted in Eviction |

I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER "ABOUT NEIL GARFIELD" AND ELSEWHERE AS POSTED BY MARIO KENNY. HE'S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY LIE TO THE SEC THEY…[...]

Continue Reading

Tags: cross examination, evidence, foreclosure defense
Posted in Eviction |

CONFLICT OF LAWS: Most states have adopted the Uniform Commercial Code without making any revisions. The UCC is an outgrowth of the Uniform Code arising from the Hague conventions. Thus the laws concerning indorsement, transfer, accommodation and assignment date back hundreds of years from common law from over 30 countries. Variance in application of these laws carries with it the…[...]

Continue Reading

Tags: accomodation indorsement, assigment, foreclosure defense, indorsement in blank, UCC
Posted in Eviction |

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, DEUTSCHE  BANK     NATIONAL TRUST COMPANY , AS TRUSTEE Plaintiff, Case No.: vs.                                DIVISION: 02 . xxxxxxxxCITIBANK, FSB, UNKNOWN TENANT(S) IN POSSESSION #1 AND #2 et al Defendants. ____________________________________/ DEFENDANT’S EMERGENCY MOTION TO VACATE JUDGMENT Comes now the defendant,…[...]

Continue Reading

Tags: default, foreclosure defense, motions, summary judgment, vacate judgment
Posted in bubble, Eviction |

OK, I admit it, I didn't know what it was either. But someone of higher linguistic ability than me referred to it as though I knew what it was. So I looked it up and sure enough it not only was appropriately used by him, it is the BEST word to describe the relationship between the various people and entities…[...]

Continue Reading

Tags: agency, conspiracy, foreclosure defense, foreclosure offense, procuration
Posted in Eviction |

Kentucky Appeals Court Affirms Lower Court "Kibosh" On Arbitartion Clause In Mortgage; Homeowners Facing Foreclosure To Have TILA Claims Heard In Richmond, Kentucky, The Richmond Register reports: * The Kentucky Court of Appeals has ruled in favor of a Waco couple who were the subject of a foreclosure action by Bank of New York Trust Company and Mortgage Electronic Registration…[...]

Continue Reading

Tags: appeals, arbitration, TILA
Posted in Eviction |