Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” […]

Tags: §362k, automatic stay, bankruptcy court, Carlos J. Cuevas, punitive damages, Sanctions
Posted in Corruption, Eviction, evidence, Fabrication of documents, legal standing, Servicer |

U.S. Bank, Trustee of What? U.S. Bank shows up in many foreclosure cases and many cases that go into litigation. I believe they are allowing the use of their name for a fee and that they have little or nothing to do with most of the cases where their name is used. A little discovery […]

Tags: automatic stay, lift stay order, multiple creditors, Objection to claim, one debt, trustee, U.S. Bank, US BANK
Posted in bubble, Corruption, Eviction, securities fraud |

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be […]

Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
Posted in Eviction |

Strategic Comment: There are two ways for you stop foreclosure, sale and eviction dead in its tracks. One is to file bankruptcy under Chapter 13 which is an opportunity for debtors to reorganize their payments to creditors. An automatic stay goes into effect immediately upon filing with the Bankruptcy Court. Creditors who say or do […]

Tags: automatic stay, bankruptcy, chain of title, Chapter 13, foreclosure defense, TILA action, TILA audit
Posted in bubble, Eviction, securities fraud |

TRANSFERS OF “OWNERSHIP” OF DEBT OBLIGATIONS GIVES RISE TO THE LEGAL ISSUE OF STANDING IN STATE COURT, BANKRUPTCY COURT IN FORECLOSURES AND EVICTIONS AND OTHER ACTIONS RELATING TO THE MORTGAGE MELTDOWN.   See also Foreclosure Defense: Cash for Keys Offer and TILA Defenses May 9, 2008 This is where the shell game played by lenders starts being […]

Tags: automatic stay, bankruptcy, relief from stay
Posted in bubble, Eviction |