Until the past few months few lawyers, judges or legislatures ever considered the foreclosure process to be anything other than a ministerial process. What has now emerged in hundreds of cases across the country is the dismissal, many times with prejudice, of foreclosure actions because of fraudulent documents from the lender, payment in full on the note, lack of standing…[...]

Continue Reading

Tags: foreclosure defense, introduction, payment, securitization
Posted in Eviction |

The most interesting part of this article is that our theory that third parties were actually paying the loan payments due to third parties that had "purchased" the mortgage loans, is validated. This of couse presents an interesting problem in foreclosure defense: the defense of payment is now doubled --- one for the money received by the STATED (at closing)…[...]

Continue Reading

Tags: bank losses, derivatives, foreclosure defense, payment
Posted in Eviction |

Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone with personal knowledge to swear…[...]

Continue Reading

Tags: evidence, foreclosure defense, hypothecate, original mortgage, original note, personal knowledge, recorded, securitization, transfer
Posted in Eviction |

From: Whitman, Dale .... UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor's Note: This is exactly what happened in a majority of the securitization loan…[...]

Continue Reading

Tags: assignments, authority, Dale Whitman, delivery of note, foreclosure defense, MERS, negotiable instrument, recording, servicer, subprime mortgages, UCC, Whitman
Posted in Eviction |

It is my opinion that the victims of the enormous fraud includes even those who are not yet delinquent in their mortgages or even those who will never be delinquent. In any event, the following applies to those in trouble, not yet in trouble or who want to make trouble. The players in the fraud knowingly entered into a scheme…[...]

Continue Reading

Tags: attorneys, auditors, disclosure, ERRORS AND OMISSIONS, good faith estimate, letter to lender, predatory lending, usury
Posted in bubble, Eviction |

the only way this is going to get "resolved" is that homeowners who fight, will probably get clear title to their homes, the mortgage will be removed as an encumbrance, the debt is extinguished, and the owners of asset backed securities get paid, if they fight, by the parties in the chain of securitization, their auditors, lawyers, and the carriers…[...]

Continue Reading

Tags: Chairman, FDIC, foreclosure defense, mortgage meltdown
Posted in Eviction |

Mortgage ruling could shock U.S. banking industry Mon Jun 30, 2008 8:14pm BST By Gina Keating - Analysis LOS ANGELES (Reuters) - A lawsuit filed by a Wisconsin couple against their mortgage lender could have major implications for banks should a U.S. appeals court agree that borrowers can cancel their loans en masse when their lenders violate a federal lending…[...]

Continue Reading

Tags: Adelman, bundled, Chevy Chase Bank, countrywide, Demet, foreclosure defense, fraud, investment vehicles, lending fraud, mortgage lender, rescission, truth in lending, Wisconsin
Posted in Eviction |

We appreciate your support. We have had phenomenal and consistent growth since we started --- all because of you!!! I'll keep working, you keep reading and spread the word --- there is a help and there is a hope.[...]

Continue Reading

Posted in Uncategorized |

AUDITS, REPORTS AND DEMANDS DO NOT STOP NOTICES OF SALE, FORECLOSURES, JUDGMENTS, SALES OR EVICTIONS. ONLY AN ORDER ENTERED BY A JUDGE OF COMPETENT JURISDICTION CAN HAVE THAT EFFECT. Our objective is to get to as many people as possible who were or are effected by the mortgage meltdown practices between 2001-2008. We are allowing and promoting as much free…[...]

Continue Reading

Tags: AUDITS, foreclosure defense, TILA audit, UPL
Posted in Eviction |

FLORIDA GETS PECULIAR AGAIN: It was about 40 years ago that a decision out of a Florida court or a statute passed by the Florida legislature was taken to mean nothing in terms of precedent or national law. After that they passed many laws and created many court decisions that served as models for the rest of the country. Here…[...]

Continue Reading

Tags: constitution, due process, Florida, foreclosure defense, lawyers, legislature, lenders, Republican
Posted in Corruption, Eviction |