Archives by Tag ' foreclosure '
The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to […]
FROM THE COMMENT SECTION THANK YOU ANDREW): I THINK HE’S GOT IT! There is no getting away from the fact that the lender is the investor and that anyone else whose name was inserted in the documentation did so not only without authority but as an intentional misrepresentation as part of a fraudulent scheme to […]
See entire decision here > kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies See also Arkansas Supreme Court stating the same principles and citing to Kansas: arkansas-supreme-court-denies-mers-legal-standing Annotations: See this list of cases cited by pretender lenders: Lender’s Cases mers-getting-the-grilling-it-deserves kansas-s-ct-decision-annotation-2-reversing-default kansas-waking-up-to-discover-the-mortgage-market-was-a-giant-criminal-enterprise What does this decision mean? It means that there are several direct strategic moves that are suggested both by the […]
Thanks to Nye Lavalle for this Submission Editor’s Note: Tacit Procuration Available in Most States. Watch those procedural requirements on reversing foreclosure. The main procedural points are first file to reverse the sale alleging fraud etc. Second, have a court reporter present at any hearing if you need to appeal. In addition whether it is […]
Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking […]
1st Annotation of Landmark v. Kesler: IN THE SUPREME COURT OF THE STATE OF KANSAS No. 98,489 LANDMARK NATIONAL BANK, Plaintiff/Appellee, v. BOYD A. KESLER Appellee/Cross-appellant MILLENNIA MORTGAGE CORPORATION, Defendant, (MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND SOVEREIGN BANK), Appellants/Cross-appellees, and DENNIS BRISTOW AND TONY WOYDZIAK, Intervenors/Appellees. filed August 28, 2009 “The second mortgage lies at the core of this appeal. That mortgage document stated […]
By Walter Hackett, Esq. The federal government has trumpeted its Home Affordable Modification Program or “HAMP” solution as THE solution to runaway foreclosures – few things could be further from the truth. Under HAMP a homeowner will be offered a “workout” that can result in the homeowner being “worked out” of his or her home. […]
BofA’s Countrywide loses court ruling on mortgages — Modifications Not Authorized By Investor May be Invalid There is lots of significance about this decision. First it shows that if the investor is going to sue it is going to be against the intermediary pretender lenders and not the borrower — because they don’t want to […]
By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare […]
BOTTOM LINE: Use of a nominee causes an irreconcilable cloud on title entitling the homeowner to recovery on his homeowner title insurance policy. If homeowners purchased title insurance, they were at the same time in the same closing agreeing that the names of MERS and Countrywide would be used, for example, but that off-record activity […]
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