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 […]

Tags: bankruptcy, borrower, disclosure, foreclosure, foreclosure defense, fraud, Lender Liability, Mortgage, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down. See also fraud-on-the-court-reversing-the-tide See also Judge Young:  federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan See also modification-fraud-the-latest-game-in-town   So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines […]

Tags: bailout, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, predatory lending, rescission, securitization, trustee
Posted in Eviction |

Thank you Deontos Comment: I always thought TWO for the price of ONE was a GOOD thing. Everybody’s talking about the Kansas Appellate Decision? What about this one from Arkansas’s Supreme Court? Same issues, MERS and “black letter law” …. MERS **Lost** and the Arkansas Supreme Court cited the Landmark v KESLER Kansas Decision. ————————————————————— […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, predatory lending, securitization, TILA audit, trustee
Posted in bubble, Eviction |

In order to revive securitization, taxpayers would have to absorb large risk. The social gains would be small, or perhaps even nonexistent. The best thing to do with the shattered Humpty-Dumpty of mortgage securitization would be to toss the broken pieces into the garbage. See Also Securitized Mortgages Are Illegal: Securitization Is ILLEGAL Should Mortgages […]

Tags: bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, rescission, securitization
Posted in Eviction |

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 […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, securitization, trustee
Posted in bubble, Eviction |

“If courts are willing to say MERS doesn’t have any ownership interest in mortgage loans, that may eventually call into question the priority of liens recorded in MERS’s name, and there are millions and millions of them.” September 27, 2009 Fair Game The Mortgage Machine Backfires By GRETCHEN MORGENSON WITH the mortgage bust approaching Year […]

Tags: borrower, countrywide, disclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, Mortgage, quiet title, securitization, trustee
Posted in bubble, Eviction |

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 […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization
Posted in bubble, Eviction |

The movement is growing and approaching critical mass. It won’t be long now before everyone — including politicians are singing a different song. The fact is most of these foreclosures are wrong — legally, morally, ethically, politically and economically. Kudos to this fine lawyer who is showing some gumption and outrage — something lacking in […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, rescission, RESPA, RICO, securitization
Posted in bubble, Eviction |

The point must be made, and the evidence must be allowed, that the pretender lenders are gaming the system every day and literally stealing homes from both homeowners and investors who thought they had an interest in those homes when they bought mortgage backed securities. This leaves the borrower in a position of financial double […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, quiet title, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud, Servicer |