Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used […]

Tags: cloud on the title, due process, Florida, Florida bankers Association, foreclosure sales, freedom of contract, Homeowner Relief and Housing Recovery Act, House Bill 152, House Criminal & Civil Justice Council, judicial determination, judicial economy, Malcolm Doney, merits of claims, non-judicial foreclosure sales, NON-JUDICIAL SALE, notice, Owner of a Promissory Note, rally, Tally, without prejudice
Posted in bubble, Corruption, Eviction, securities fraud |

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as […]

Tags: 2010, 2112 Business Center Dr., 92612, access procedure, as evidence of the underlying obligation, assignments, authority to sign, CALIFORNIA, California Statutes, chain of title, County of Los Angeles, creditor, D. Pakusic, Dalton, data entry and retrieval system, DEBTOR, DEED OF TRUST, DOT, Duval County, Florida, Florida Statutes, HERS, HFN, identity of the creditor, Inc., Irvine, IT platform, JP Morgan Chase Bank National Association, Malcolm-Cisneros, March 5, Margaret Dalton, MERS, MERS disclaiming, MERSCORP, Mortgage Electronic registration Systems, necessary parties, nominee, notarization, note, oath administered is invalid, Obligation, origination of the loan, ownership of the note, Public records, Recording laws, security instrument, signature and stamp, source of funds, Trustor, United Independent Title, unknown sources of funds, vice-president
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

without raising taxes one cent, many states could recover much or all of their deficit and perhaps some states could be looking at a surplus. The money is sitting on Wall Street waiting to be claimed through existing tax laws, regulatory fees, and even damage claims much like the Tobacco litigation. Editor’s Note: Bob Herbert […]

Tags: Andre Cherney, ARIZONA, Bob Herbert, CALIFORNIA, Center on Budget and Policy Priorities, Children's Health Insurance Program, CHIP, Chris Chistie, Dean Martin, Florida, income tax, infrastructure, Jan Brewer, Job Shure, New Jersey, Ny Times, Recording fees, State Budget Deficits, taxes, Treasurer, Wall Street
Posted in bubble, Corruption, Eviction, expert witness, securities fraud |

The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention […]

Tags: 2006-3, Allonge to Promissory Note, Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, bankruptcy court, Case No. 6:09-bk-12240-ABB, Chapter 7, Florida, FSB, Jack Jacob, Jennifer Henninger, JORGE CANELLAS, Judge ARTHUR B. BRISKMAN, Lehman Brothers Bank, Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, MIDDLE DISTRICT OF FLORIDA, Motion for Relief from Stay, Note and Mortgage, Orange County, ORLANDO DIVISION, owner and holder, private securitized trust, Special Assets Administrative Assistant, trustee, Trustee Carla P. Musselman, U.S. Bank National Association
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: to most Judges and most lawyers the thought that a home could be foreclosed by the wrong party, or that there could be a declaration of default on a satisfied mortgage, and that these things could lead to sale of a home by a bank or other party that doesn’t own it to […]

Tags: Bank of America, Beth Findsen, expert declaration, financial double jeopardy, Florida, forensic report, Golden gate Estates, Naples, Nyerges, recording, securitization, Tuan Van Ho
Posted in bubble, Corruption, Eviction, securities fraud |

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |

Editor’s Note: The decision about flight or fight is deeply personal and there is no right answer. The decision you make ought not be criticized by anyone. For those with the fight knocked out of them the prospect of taking on the giant banks in court is both daunting and dispiriting. So if that is […]

Tags: apparent authority, Bob Tedeschi, cash for keys, Citi, deed in lieu of foreclosure, deficiency, FICO, Florida, Illinois, Michigan, New Jersey, Ny Times, Ohio, RELOCATION ASSISTANCE, Texas
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: The problem is not just a Judge who received favorable treatment from the lender in a foreclosure action. It is the highly politicized environment of elected and even appointed judges who received, directly or indirectly some form of “generosity” from the financial services sector or whose perception is fundamentally flawed by the constant […]

Tags: Florida, judge, recusal
Posted in bubble, Corruption, Eviction |

See FLSC new RULES First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations […]

Tags: Florida, judicial resources, lost note, ownership of note, right to enforce, task force, verification
Posted in bubble, Corruption, Eviction, securities fraud |

Florida Bankers Association, controlled by national and supersize regional banks are trying to convert Florida to a “non-judicial state.” DON’T LET IT HAPPEN!!!! Start writing letters and get others to write letters to the Republican controlled Florida legislature. This effort will not only deny homeowners essential rights it will vastly increase the pace of foreclosure […]

Tags: FBA, Florida, Florida bankers Association, home values, non-judicial, taxes
Posted in bubble, Corruption, Eviction |