Archives by Tag ' foreclosure defense '
Nov 29, 2009

NOW AVAILABLE ON AMAZON KINDLE! MERS and Countrywide v Agin Trustee D Ct Mass Aff’d B Ct on Avoidance Mtg 20091117 NOTE FROM EDITOR SEEKING HELP: Rumor has it San Diego has stopped all foreclosures. I need this corroborated or debunked quickly. Can I get a little help here? The case in this POST comes […]

Nov 27, 2009

Editor’s Note: This might not be as far-fetched as you think. Median income is dropping like a rock. Housing prices have historically been closely related to median income. I don’t know about the percentage drop, but another crash in real estate values seems likely. median income is still out of whack with housing prices indicating […]

Nov 27, 2009

Ken McLeod has the figures on this, having done detailed statistical analysis, and capable of testifying as an expert on the usual outcome of these sales. The important point being “why would the “bank” let the property go for 60% of distressed market price — even to an insider?” Answer: because it is all a […]

Nov 26, 2009

From Steven Kop: Like Florida and other states, the laws already exist to penalize the pretender lenders. The question is whether the public will rise up and force the enforcment of these laws and use them to discredit the worthless paper issued by the participants in the securitization chain. CALIFORNIA CODES PENAL CODE SECTION 470-483.5 […]

Nov 26, 2009

Readers of Livinglies: Firstly, might I say we were as shocked as anyone to learn of Judge Spinner’s ruling, so eloquently documented in his Jeffersonian-writing style. We appreciate the notes and calls of support, but we are ordinary people whose only wish is to return to a normal life. As the court records indicate, we […]

Nov 24, 2009

You will find similar provisions in virtually every state and without much variation. It is no exaggeration to say that the “enforcement” of invalid mortgages and notes are acts of fraud. By this time there is no possibility of claiming ignorance on the part of anyone who is not in a coma and who is […]

Nov 24, 2009

This is what Mr. Robert E. Bostrom, Executive Vice President, General Counsel & Corporate Secretary of Freddie Mac had to say to the Supreme Court Task Force on Foreclosures. “Recommendation regarding verification of “ownership” of the mortgage” “The Task Force has recommended a requirement for a plaintiff in a foreclosure action to verify that it owns […]

Nov 23, 2009

“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?” In cases that are dismissed based on these arguments, foreclosure […]

Nov 21, 2009

NOW AVAILABLE ON KINDLE/AMAZON WHY THIS IS IMPORTANT TO FORECLOSURE DEFENSE AND OFFENSE: OK I know the last thing you want to hear is how complex this scheme was. But if you can get over the intimidation factor, you will see how the lawsuits filed by individual homeowners, attorney generals, and class actions are picking […]

Nov 20, 2009

Government officials, perhaps influenced by spending too much time with bankers, forgot that if you want to govern effectively you have retain the trust of the people. And by treating the financial industry — which got us into this mess in the first place — with kid gloves, they have squandered that trust. During the […]