For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: Article 3 UCC, article 9 UCC, brokers, CERTIFICATES, Drier, Florida Statutes, fraud, HOLDER, holder in due course, insurance, IPO, joint stock companies, Madoff, Ponzi, ratings, recoupment, REMIC Trust IPO, rescission
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

The first thing I want to do is add to my previous comments. I believe there is an implicit admission of failure of consideration in any case where a holder in due course is not identified. In addition, where a REMIC trust not alleged or asserted to be a holder in due course it means […]

Tags: due process, EQUAL PROTECTION, HOLDER, holder in due course, holder with rights to enforce, presumptions
Posted in Corruption, evidence, foreclosure defenses, Motions, Pleading, securities fraud, Servicer |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: affirmative defenses, answer, consideration, HOLDER, holder in due course
Posted in Uncategorized |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: criminal prosecution of bankers, demand loan, HDC, HOLDER, holder in due course, MBS investors, possessor, pretender lenders, REMIC TRUST
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, Servicer |

In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as “Quite Title”). The purpose of this article is to add some context to the discussion and some reasons for my […]

Tags: cancelation of instrument, HOLDER, holder in due course, holder with rights to enforce, NULLIFICATION OF INSTRUMENT, quiet title, Romero, statute of limitations, statute of repose, SunTrust
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Motions, Pleading, securities fraud, Servicer |

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that […]

Tags: accleration notice, amount due, end of month statement, evidence, HDC, HOLDER, holder in due course, Notice of Default, offset, PSA, reinstatement notice, relevance of PSA
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Bloomberg Reports that the big banks are borrowing big time money using money market funds as source money for financing repurchase agreements. This stirs the obvious conclusion that the mortgage bonds — and hence the claim on underlying loans — are in constant movement making the proof problems in foreclosure proceedings difficult at best. The […]

Tags: Bloomberg, burden of persuasion, BURDEN OF PROOF, holder in due course, holder of note, MERS, modification, Mortgage, possessor of note, presumption, refinancing, repurchase agreements, settlement
Posted in Corruption, Eviction, securities fraud |

5 08 10 Florida mediationorder The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized. I think this Order […]

Tags: 6th District, authority, Florida, free house, holder in due course, lender status, Motion Practice, pretender lenders, real party, Shareholders
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]

Tags: accounting, agent, ARIZONA, authorized agent, creditor, disclosure, discovery, financial double jeopardy, foreclosure defense, HOLDER, holder in due course, Ibanez, Judge Long, Larace, Massachusetts, mediation, modification, Ohio, pretender lender, principal, right to inquire, rules of engagement, third party payments, vacate
Posted in bubble, Corruption, Eviction, securities fraud |

Using the voluminous amount of feedback to Livinglies.wordpress.com, some observations about the words you use in litigation and in your correspondence, QWR and DVL might well be of some assistance. CREDITOR: It seems that using the word creditor has much more power than lender, pretender lender or even holder in due course. I’ve been told […]

Tags: agent, conduit, consumer, creditor, holder in due course, lender, MBS, pool, Power of Attorney, pretender lender, REMIC, SPV, trust, trustee
Posted in bubble, Corruption, Eviction, securities fraud |