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 |

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of […]

Tags: authority to represent, REAL PARTY IN INTEREST, securitization, standing, Wachovia, Wells Fargo, World Savings Bank
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: When I raised this issue some years back, most lawyers thought I was stretching for a technicality. But in fact the lack of authority to represent a forecloser in litigation lies at the core of the “plausible deniability” defense that the […]

Tags: authority to represent, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, plausible deniability, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT “My head almost exploded clear off my body last week when I heard a foreclosure mill exclaim to a judge when questioned about how she was going to get a complaint verified: “But we don’t represent the Plaintiff, we represent the servicer!” (Editor’s […]

Tags: authority to represent, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, OBJECTIONS, quiet title, rescission, RESPA, securitization, TILA audit, trustee, Weidner, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |