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see https://library.nclc.org/impact-supreme-court-seila-law-ruling-cfpb-constitutionality It has long been held, assumed  and otherwise inscribed in law that Congress is the sole source of appropriating money for the federal government to spend. That is pursuant to the supreme law of the land. And it has also been long held that Congress can put conditions on its appropriation of money either for an existing Federal…[...]

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The HBR article is excellent --- but it starts from the wrong premise. The people in charge have no losses so they have no incentive to mitigate. Nearly all foreclosures are business ventures for profit --- not remedies for unpaid debt.  see https://hbr.org/2020/07/how-banks-can-avoid-a-repeat-of-the-2008-foreclosure-crisis The problem that everyone seems to be actively avoiding is that no investor ever paid money in…[...]

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Servicers did not make any advances. They never did and they never will. They said they did but they didn't. If you read the prospectus carefully you will see that the money from investors is divided into three parts. * The first part is the purchase of a certificate that promises payments to the investor based upon a formula that…[...]

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Posted in Corruption, discovery, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading, Servicer |

Since foreclosures are about to start another meteoric rise, this would be a good time to write a new article on what went wrong the last time, what is going on now, and what is still likely to go wrong this time. * I know that some of the rantings on the internet seem like the spillage of conspiracy theorists and…[...]

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Tags: reformation
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, legal standing, Modification, Pleading, securities fraud, Servicer |

Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with California Attorney Charles Marshall Or call in at (347) 850-1260, 6pm Eastern Thursdays Reverse mortgages are akin to the Centuries Old principle of a Life Estate or an annuity. A life estate is where typically relatives who live together would pass title to a home, during the life of often an…[...]

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In all jurisdictions, even if the trust has some assets, and therefore legal existence as a legal person, if the asset in question has not been entrusted to the trustee on behalf of beneficiaries, the existence of the trust is completely irrelevant. And all claims arising from the supposed existence of the trust are also irrelevant and lack Foundation. I…[...]

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Tags: inchoate, presumptions, trust existence, Trust Law, trustee
Posted in Corruption, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Servicer |

Many thanks to Bill Paatalo for bringing this to my attention. This article brings to the forefront a central issue that Wall Street cannot escape unless we let them: in the context of securitization, the paper transfers to the "depositor" is not a sale even if it is treated as a sale by the "Seller." That means that the homeowner…[...]

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Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, legal standing, Servicer |

Many thanks again to Attorney Gary Dubin for bringing this to my attention. == The current hodgepodge of decisions that I have always maintained were merely vehicles to discourage appeals is taken to task in this well-reasoned decision. In Hawaii the rule is now no bond pending appeal or low bond pending appeal. The Hawaii Supreme Court has merely applied…[...]

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Tags: appeal, BOND, Dubin, supersedeas
Posted in discovery, Eviction, evidence, Motions |

If we ever return to normal practical governmental practices this decision means that the  work of the CFPB in protecting consumers will continue. From: "Rich Dubois, NCLC" <consumerlaw@nclc.org> Date: June 29, 2020 at 7:28:32 AM HST To: GARY DUBIN <gdubin@dubinlaw.net> Subject: Breaking: U.S. Supreme Court Decision Preserves but Weakens CFPB Reply-To: "Rich Dubois, NCLC" <consumerlaw@nclc.org> Dear GARY, Today, the Supreme Court of the United States…[...]

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