Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is […]

Tags: affidavit, evidence, Florida, judges, motion for summary judgment, Rules
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Foreclosure Crisis New strategy attacks validity of affidavits August 26, 2010 hen it comes to fighting foreclosures, homeowners and their lawyers may have found a new strategy to score courtroom victories. Defense lawyers across the state are increasingly attacking the validity of affidavits that owners of notes must file with the courts as part of […]

Tags: affidavits, DUSTIN ZACKS, evidence, Florida, ICE LEGAL, Paola Iuspa-Abbott
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: AS MY LAUNCH POINT I AM USING THE FOLLOWING COMMENT POSTED TO THIS BLOG. I’M NOT SURE WHO ACTUALLY ORIGINATED MOST OF THE ORIGINAL LANGUAGE FOUND BELOW BUT WHOEVER IT WAS, THEY KNOW WHAT THEY ARE TALKING ABOUT. Almost everything done during this mortgage fraud was accomplished through the use of electronic media. […]

Tags: data, database, electronic discovery, email, evidence, ftp, MERS, metadata, server, spoliation
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, Servicer |

Having just received the transcript on this case, I find that what the Judge said could be very persuasive to other Judges. I am renewing the post because there are several quotes you should be using from the transcript. Note the intimidation tactic that Plaintiff’s Counsel tried on the Judge. A word to the wise, […]

Tags: 07013084CI, assumptions, beyond a reasonable doubt, burden of prrof, business records, competency, due process, evidence, expert witness, florida judge, foreclosure defense, FOUNDATION, fraud, GMAC, hearsay, HERS, incompetent witness, motion for summary judgment, rules of evidence, securitization, Visicaro, witness
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented […]

Tags: Assign, Cole, DEED OF TRUST, Deutsch, evidence, foreclosure, Goforth Props, HERS, HOLDER, Home Equity Theft Reporter, In re Foreclosure of Brown, indorse, make payable, Mortgage, North Carolina, Novestar Mortgage, payable, photocopy, power of sale, promissory note, Smith, Soundview, Soundview Home Loan Trust 2005-4 (`Lender’).”, transfer
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, Pleading, Servicer |

In the secured offices (and network operations center) of this entity is the REAL STORY about the fraud being perpetrated upon the U.S. Court system and every post 2001 borrower, whether they are in distress or not. Here is where the system works its charms — from avoiding actual title reports, relying upon much less […]

Tags: duty to preserve evidence, evidence, fabircation of evidence, HERS, Kyle Lundstedt, Lender Processing Services, LPS, network operations center
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

SECURITIZATION If They Did It Right Sometimes it IS easier to prove a negative than a positive. Your opposition has far more facts than you do and in due process, should be required to prove them up into a prima facie case using real evidence from competent witnesses, with real documents that nobody played with […]

Tags: business records, CLOSING WITH BORROWER, CLOSING WITH INVESTORS, CLOSING WITH SECURITIZATION PARTICIPANTS, evidence, prima facie case, securitization, SUBROGATION, SUCCESSORS IN INTEREST, third party payments
Posted in foreclosure mill, Modification, 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 |

see no-silver-bullet The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and […]

Tags: brad keiser, evidence, forensic analysis, show me the note, silver bullet, TILA, workshop
Posted in bubble, Corruption, Eviction, securities fraud |

Doesn’t anyone see that if “financial services” accounts for 40% of our GDP that it means we are kidding ourselves? THAT only means we are trading from the left pocket into the right pocket into the back pocket and around again — and counting it as GDP. Our real GDP is far lower than anything […]

Tags: bubble, building, consumer confidence, evidence, financial services, housing, housing market, jobs, Leonhardt, Ny Times, presumptions
Posted in bubble, Corruption, Eviction, securities fraud |