Archives by Tag ' foreclosure '
Mar 11, 2009

As reported in the Florida Bar News dated March 1, 2009, The Supreme Court of Florida has received a petition to require foreclosure mediation. The article by Mark D Killian, managing editor states “Contending that prejudgment mediation could save more than 130,000 Florida homes from foreclosure  and assist more than 360,000 borrowers,” the plan is […]

Mar 10, 2009

it follows that the investors are the ONLY parties with standing to make any claim on the mortgage, note or obligation. But they won’t make that claim because of the exposure to risk that could leave them with even more loss than the current loss on their investment. This leaves trillions of dollars in unclaimed […]

Mar 8, 2009

“Our position is that the mortgage with IndyMac is toilet paper — it has no legal standing,” March 8, 2009 Mortgage Fraud Case Poses Federal Quandary By MICHAEL POWELL Waver Brickhouse, gray-haired and soft-spoken, has come undone twice during the nation’s housing crisis. In 2005, she fell behind on her mortgage payments and turned to […]

Mar 8, 2009

Submitted by a gifted pro se litigant. See Comments. My only comment before quoting his comment (editor’s discretion) is that the obligation to perform due diligence is present in all cases, in all courts and in all legal procedures. Failure to do so will negate any attempted action once it is pointed out by the […]

Feb 17, 2009

MERS residential Membership Application Kit Contains the following items: Brochure: “Process loans, not paperwork” Membership application Terms and Conditions Fee Schedule MERS® Commercial Membership Application Kit Contains the following items: Brochure: “Minimize Risk, Save Money, Reduce Paperwork” Membership application Terms and Conditions Article: “MERS: Every Commercial Loan Needs a Mom” MERS® eRegistry Membership Application Kit […]

Feb 13, 2009

Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the […]

Feb 11, 2009

Key points -“servicers are limited in their ability to modify mortgages” READ: they have no authority to modify nor authority to foreclose This is why so many are “strung along” thinking they are waiting to be approved for a loan modification and at the eleventh hour are told they “weren’t approved” and then the following week […]

Feb 10, 2009

Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc […]

Feb 9, 2009

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal […]

Feb 9, 2009

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a […]