SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: WISCONSIN COURT GETS IT: HEARSAY, PROOF, HOLDER NOT THE SAME AS CREDITOR, ETC. AFFIDAVIT THROWN OUT FOR LACK OF PERSONAL KNOWLEDGE. In short everything we have been saying here was followed by the Court. Expect more decisions like this coming from other states. In other words, false […]

Tags: affidavit, appeals court, assignment of mortgage, aurora loan servicing, chain of title, competence, David J. Carlsen, evidence, evidentiary hearing, failure, foreclosure defense, foreclosure fraud, foreclosure offense, hearsay witness, Kelly Conner, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nancy L. Carlsen, securitization, TRIAL, Wisconsin
Posted in bubble, Corruption, Eviction, securities fraud |

JUDGE SCHACK| Dismisses Case With Prejudice Against Citibank Due To Counsel Failure To Comply – 2011-01-11 11:33:03-05 Citibank, N.A. AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2007-SD3, ASSET BACKED CERTIFICATES, SERIES 2007-SD3, Plaintiff, against Santiago Murillo, et. al., Defendants 16214/08 Plaintiff: Megan B. Szeliga, Esq. and Jenneifer M. MCann, Esq., Steven […]

Tags: administrative order, affidavit, Arthur M. Schack, cancelled, Citibank, discharged, foreclosure fraud, Jennifer M. Mcann, Judge Ann T. Pfau, judge schack, Law Office Of Steven J. Baum, Megan B. Szeliga, New York, notice of pendency, ny supreme court, prejudice, Santiago Murillo, Steven J. Baum p.c.
Posted in bubble, Corruption, Eviction, securities fraud |

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary SEE STOPFORECLOSUREFRAUD.COM Editor’s Note: I usually advise lawyers that from the very first word that opposing counsel utters, an objection ought to be raised, because it is all a lie. A “living lie.” From the moment he states his name and then says whom he […]

Tags: 2010 NY Slip Op 52034(U), affidavit, affirmations, Arthur M. Schack, defective, Donna D. Maio, Esq, foreclosure fraud, house counsel, judge arthur schack, Mark Phelps, Matthews & Matthews, New York, ny supreme court, robo signers, verification, WAMU, Washington Mutual, washington mutual bank v. phillip
Posted in bubble, Corruption, Eviction, securities fraud |

9.09.10 NY MERS NO AUTHORIY DISMISSED MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say […]

Tags: affidavit, DEUTSCHE BANK, evidence, fraud on the court, Judge Jeffrey Arlen Spinner, MERS, New York, quiet title
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, Servicer |

Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is […]

Tags: affidavit, evidence, Florida, judges, motion for summary judgment, Rules
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, […]

Tags: affidavit, AMIR EFRATI, Anthony Rondolino, assignment of mortgage, David Stern law firm, disclosure, Fla., Florida, foreclosure defense, Forrest McSurdy, fraud, fraud upon the court, GMAC Mortgage LLC, Harpster, HERS, Judge Lynn Tepper, Law Offices of David J. Stern, Lender Liability, securitization, St. Petersburg, Steve Dale, trustee, U.S. Bank, Wall Street Journal, Wells Fargo
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in […]

Tags: affidavit, asset backed notes, bailout, borrower, collusion, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, HSBC, Indenture trustee, New York, personal knowledge, real property actions, securitization, shack, valentin
Posted in bubble, Corruption, Eviction, securities fraud |

Here is an example of a defective affidavit: defective-affidavit-of-indebtedness Here is the analysis of how to respond: In general the affidavit is insufficient because it does not satisfy the basic requirements of personal knowledge. 1. “Affiant is an employee:” Affiant should be an officer or otherwise identified as having a specific scope of employment that […]

Tags: affidavit, afidavit of indebtedness, competency, foreclosure defense, foreclosure offense, hearsay, personal knowledge
Posted in Eviction |

Jose wrote: Thanks for the input K, I filed for BK today pro se I was totally unable to find and attorney with the enough guts in Virginia to take on these crooked lenders. There also another issue in our wonderful state, there is a statute that allows for the lenders to provide a lost […]

Tags: affidavit, interrogatories, lost note, request to produce, Virginia
Posted in bubble, Corruption, Eviction, securities fraud |