The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising […]

Tags: 12 U.S.C. § 1461, 12 U.S.C. § 2601, 15 U.S.C. § 1692, actual damages, bankruptcy, common law defamation, defense, emotional distress, et seq. (“FDCPA”), et seq. (“RESPA”), Fair Debt Collection Practices Act, federal preemption, HERS, Home Owners’ Loan Act of 1933, INDYMAC, late fees, LLC, Motion Practice, MOTION TO DISMISS, noneconomic damages, Ocwen Loan Servicing, Office of Thrift Supervision (“OTS”), OneWest, Pleading, qualified written request, quiet title, Real Estate Settlement Practices Act, removal, RESPA, slander, slander of title, state action, State Law Claims, TILA
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — […]

Tags: 12(B)(6) Motion, 2009, 2010, 2010 U.S. Dist. LEXIS 31098, ADSI, AHMSI, Am. Home Mortg. Servicing, assignments, backdated assignments, California Civil Code Section 2934, CASES, DEED OF TRUST, Deutsche, Eastern District of California, foreclosure processing service), HERS, Judge Lawrence K. Karlton, June 22, Korell Harp, March 30, MERS, MOTION TO DISMISS, Notice of Default, Ohlendorf v. Am. Home Mortg. Servicing, Placer County Recorder, T.D. Service Company, taint the notice of default, United States District Court, vice president of AHMSI, vice president of MERS, wrongful foreclosure claim
Posted in Corruption, Servicer |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |