Bloomberg Reports that the big banks are borrowing big time money using money market funds as source money for financing repurchase agreements. This stirs the obvious conclusion that the mortgage bonds — and hence the claim on underlying loans — are in constant movement making the proof problems in foreclosure proceedings difficult at best. The […]

Tags: Bloomberg, burden of persuasion, BURDEN OF PROOF, holder in due course, holder of note, MERS, modification, Mortgage, possessor of note, presumption, refinancing, repurchase agreements, settlement
Posted in Corruption, Eviction, securities fraud |

What’s the Next Step? Consult with Neil Garfield CHECK OUT OUR NOVEMBER SPECIAL For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s […]

Tags: burden of persuasion, BURDEN OF PROOF, CALIFORNIA, denial, Deny and Discover, documentary trail, Florida, money trail, Nevada, Ohio, summary judgment, Wells Fargo, winning
Posted in bubble, Corruption, Eviction, securities fraud |

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Tags: Adam Levitin, Alabama, allonge, BURDEN OF PROOF, credit bid, ex parte communication, fabricated allonge, fabricated documents, judges, Naked Capitalism, New York trust, Paul Jackson, Pooling and Servicing Agreement, PSA, REMIC, U.S. Bank, U.S. Bank v. Congress, yves Smith
Posted in Uncategorized |

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: 60 minutes staff easily found the key witnesses for prosecution of criminal and civil cases against Countrywide and Citi. Why haven’t the prosecutions taken place? And even more interesting is why have these witnesses not been interviewed — like the executive […]

Tags: 60 minutes, bankruptcy, borrower, BURDEN OF PROOF, CBS, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: The movement now has a professionally produced newspaper worthy of readers who are hungry for the real news. The name, probably temporary, is the Occupy Wall Street Journal. In addition to live streaming video, daily newsworthy events as politicians try to […]

Tags: bankruptcy, borrower, BURDEN OF PROOF, COMBO, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, Occupied Wall Street Journal, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM conformedcomplaint “They focused on short-term gains to increase their own compensation, with reckless disregard for WaMu’s long-term safety and soundness,” the agency said in the 63-page complaint. “The F.D.I.C. brings this complaint to hold these highly paid senior executives, who were chiefly responsible for WaMu’s higher-risk home lending program, […]

Tags: administrative action, BURDEN OF PROOF, Chase, David C. Schneider, disclosure, F.D.I.C., foreclosure defense, foreclosure offense, fraud, Kerry K. Killinger, predatory lending, prima facie case, rescission, securitization, Stephen J. Rotella, WAMU, Washington Mutual
Posted in bubble, Corruption, Eviction, securities fraud |

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary The most persistent problem facing homeowners today is that in any challenge to the apparent “lender” there are presumptions that arise in the mind of the court in favor of the supposed creditor and against the homeowner. Using rescission as a procedural tool, along with […]

Tags: BURDEN OF PROOF, NONJUDICIAL, rescission
Posted in bubble, Corruption, Eviction, securities fraud |

submitted by Frank D’Anna Writ of Mandate 2 Frank D’Anna COMMENT: I don’t know if Frank got help, but however he did it, this is a fine piece of work. He obviously understands that if you want to take an appeal, you must state a reason that the trial court erred. If you want to […]

Tags: appeal, burden of pleading, BURDEN OF PROOF, court record, D'Anna, enforce the note, foreclose, injunction, Non-judicial election, party seeking affirmative relief, presumptions, procedure, restraining order, trustee, Writ of Mandamus
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Pleading |

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff […]

Tags: accounting, assignment, Assignment and ASsumption Agreement, BURDEN OF PROOF, civil procedure, cut-off date, default, delivery, discovery, due process, fraud, indorsement, party seeking affirmative relief, Pleading, PSA, re-orienting the parties, third party payments, TILA, transfer, yield spread premium
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud |

In Court, a prima facie case is, in plain English, the completion of a party’s burden of proof. That means if you are seeking AFFIRMATIVE relief from the Court, then you have the burden of proving your case. In order to prove your case you must present evidence. Your evidence must conform to the legal […]

Tags: adversary judicial proceeding, AFFIRMATIVE RELIEF, BREACH, BURDEN OF PROOF, damage, duty, evidence, judicial, negative relief, non-judicial, orientation of parties, prima facie case
Posted in Corruption, Eviction, expert witness, securities fraud, Servicer |