Based on questions that greeted me when I got to my desk this morning, here are just some of the thoughts that apply — a case review and analysis for each case being necessary to actually draft the right questions and to close any trap doors. Let us help you plan for trial and draft […]

Tags: authority, authority to represent, beneficiaries, discovery, Hawaii, motion for summary judgment, Motion Practice, motion to compel discovery, MOTION TO DISMISS, owner of the debt, REMIC TRUST, settlor, Supreme Court, trustee, Trustor
Posted in Uncategorized |

This completely corroborates what I have been saying for years along with a chorus of lawyers and pro se litigants across the county. It simply is not true that the attorney represents the trust or the trustee.  This “Advisory” shows that there are documents that are rarely in the limelight and that clarify claims of […]

Tags: Advisory, authority, Deutsch Bank, Deutsch Bank Deutsch Bank Trust Company Americas, Deutsch Bank National Trust Company, First Servicer Memorandum, NEIT, REMIC, securitization transactions, trust, trustee
Posted in Corruption, evidence, foreclosure mill, Servicer |

Too many lawyers and pro se litigants look at the title to a document and don’t know what else to do with it. They accept as true that a document is what is stated. That is one of the many trapdoors the banks have laid for us. Listen to the Last Neil Garfield Show at http://tobtr.com/s/9673161 […]

Tags: assumptions, authenticity, authority, hearsay, parties to an instrument, presumptions, signatories, timely objections, title to document
Posted in Uncategorized |

Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of […]

Tags: authority, business records, creditor, exceptions to hearsay rule of exclusion, familiarity, hearsay, infrastructure, IT platforms, personal knowledge, robo-witness, servicer, TRUTH
Posted in Uncategorized |

SERVICES YOU NEED AUTHORITY AND AGENCY In “Fair Game” Gretchen Morgenson continues to unravel the failing process of “saving homes” while the world ignores the simple truth that legally the homes are in no jeopardy but for the pranks and illusions created by the pretender lenders. There is no valid foreclosure, auction, mediation, modification, short-sale, […]

Tags: agency, Auction, authority, foreclosures, mediation, modifications, satisfaction of mortgage, short-sale
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing […]

Tags: authority, decision-maker, Florida Modification, investors, mediation, modification, Mortgage, note, Obligation
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

5 08 10 Florida mediationorder The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized. I think this Order […]

Tags: 6th District, authority, Florida, free house, holder in due course, lender status, Motion Practice, pretender lenders, real party, Shareholders
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

For those ideologues who blindly call for “personal responsibility” we direct your attention to the tens of billions of subsidies (corporate welfare) given to hundreds of corporation, some of whom act contrary to the interests of the American citizen and U.S. Foreign Policy. Either take the blinders off or admit that you don’t care about […]

Tags: authority, fair market valuation, mediation, modification, principal reduction, welfare
Posted in bubble, Corruption, Eviction, securities fraud |

The way the media tells it, there are million of bargains out there that will be the house of your dreams and will make you rich. If it seems too good to be true, that would because it IS too good to be true. As a backdrop to this discussion remember that there are over […]

Tags: Acknowledgment, amortization, authority, bank, bargains, buyers, COnsumer Price INDex, CPI, DEED OF TRUST, FINAL JUDGMENT, foreclosed home, forecloser, friendly quiet title action, General release, Hold Harmless, homeowner, Indemnification, Lease, note, REO, rescission, title policy, warranty deed
Posted in bubble, Corruption, Eviction, securities fraud |

WHY WE ARE PLANNING 2-3 DAY BOOT-CAMPS AND MANUALS FOR LAWYERS, BOOT-CAMPS FOR FORENSIC ANALYSTS, AND BOOT-CAMPS FOR LAYMEN. IT’S JUST NOT AS SIMPLE AS YOU MAY WANT IT TO BE. NOT EVERYTHING ENDS WELL. THE BATTLE IS ON. THIS JUDGE SAID THE ASSIGNMENT DOESN’T NEED TO BE RECORDED TO PROVE OWNERSHIP. HE’S TECHNICALLY RIGHT, […]

Tags: advanced money, authority, discovery, DVL, enforcement of mortgage, enforcement of note, enforcement of obligation, fairness, Fitzgerald, Florida, investors, legal maneuvering, ownership, pretender lender, QWR, recording in Florida, RESPA, satisfaction of mortgage, securitization chain, TILA, true lender
Posted in bubble, Corruption, Eviction, securities fraud |