“Given the current environment where robo-signing became institutionalized as a practice even though it is the equivalent of forgery and where fabrication of documents by law offices and “document processors” were prepared according to a published menu of prices, why would anyone, least of all a court of law, apply general principles surrounding presumptions when […]

Tags: assignment, Bank of America pays $ 1.2 Billion, burden of pleading, BURDEN OF PROOF, countrywide, creditor, discovery, fraud in origination of loan documents, fraud in sale of loan documents, legal presumptions, validity of an instrument
Posted in Corruption, discovery, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by […]

Tags: borrower, creditor, disclosure, escrow agent, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, predatory lending, securitization, TILA audit
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Several people are issuing statements about servicer advances, now that they are known. They fall into the category of payments made to the creditor-investors, which means that the creditor on the original loan, or its successor is getting paid regardless of whether the borrower has paid or not. The Steinberger decision in Arizona and other […]

Tags: broker-dealer, creditor, investment bank, Investor, mortgage loans, pooling and servcing agreement, Prospectus, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Servicer |

There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to […]

Tags: adequacy of consideration, consideration, contract law, credit bid, creditor, creditor bid, discovery, foreclosure sale
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

Corroborating what I have been saying for years on this blog, the Supreme Court of the state of California is reasserting its position that if entity ABC wants to collect on a debt in California, then that particular entity must own the debt. This is basic common sense and simply follows article 9 of the […]

Tags: ARTICLE 9, borrower, California Supreme Court, creditor, DEBTOR, Glaski, Investor, ownership of the note, recusal, UNIFORM COMMERCIAL CODE
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in […]

Tags: creditor, disclosure of exhibits, disclosure of witness, foreclosure, money trail, pretrial statements, rules of evidence, securitization, table funded loans
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for […]

Tags: borrower, creditor, DEBTOR, Elizabeth Renuart, Labany Law School, lender, negotiability of notes and mortgages, REMIC, securitization, UCC
Posted in Corruption, Eviction, securities fraud |

Call 520-405-1688  for West Coast legal Representation and 954-495-9867 for East Coast legal Representation AND 850-765-1236 for Northern Florida Representation Educate Yourself and Your Lawyer: Purchase Memberships, Books, Services from our Online Store Customer Service West Coast 520-405-1688 East Coast 954-495-9867 GET HELP!!! As I have previously stated on these pages the changes in the […]

Tags: account receivable, BID, BOND receivable, cash bid, credit, credit bid, creditor, foreclosure auction, Investor, note receivable, strategy of delay
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Servicer |

I was speaking with Patrick Giunta, Esq. a successful foreclosure trial attorney in Fort Lauderdale about credit bids, necessary and indispensable parties, standing and strategy and I thought I would make a blog out of it. His direct number is 954-928-0100 and his office is located on Federal Highway. But you will probably have more […]

Tags: account receivable, BOND receivable, business records exception, credibility, credit bid, creditor, hearsay rule, mortgage bond, mortgage note, necessary and indispensable party, note receivable, Patrick Giunta, standing
Posted in Corruption, evidence, Servicer |

Amongst the cases I review and manage, the question was raised by one of the homeowners as to why I insisted on holding both the originator and subsequent intermediaries in the alleged securitization chain and/or table-funded loan where both the party alleging having (1) the capacity to sue see SEC Corroborates Livinglies Position on Third […]

Tags: accounting rules, borrower, creditor, dismissal, dismissal with prejudice, false pretenses, financial accounting standards Board, illusion, promissory note, proof of loss, proof of payment, proof of sale, REMIC, sale of the loan, signature, table funded loan, trust, Truth in Lending Act, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |