SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM REPRESENTATIONS BY COUNSEL ARE NO SUBSTITUTE FOR PROOF SEE 52867919-In-Re-Wilson-Memorandum-Opinion-07-Apr-2011 NOTABLE QUOTES: “The fraud perpetrated on the Court, Debtors, and trustee would be shocking if this Court had less experience concerning the conduct of mortgage servicers. One too many times, this Court has been witness to the shoddy practices […]

Tags: personal knowledge, PROOF, representations by counsel
Posted in bubble, Corruption, Eviction, securities fraud |

Submitted on 2011/02/20 at 6:20 am by Tracey T. Wilson The Wells Fargo Bank, N.A. vs. Sandra A. Ford was NOT a Pro Se case. Sandra A. Ford was defended by Legal Services of New Jersey, Inc., attorneys; Ms. Jurow and Rebecca Schore and the case was decided January 28th 2011. The case in New […]

Tags: Auction, Deutsch, hearsay, incompetent hearsay, motion for summary judgment, personal knowledge, remand, SHERIFF'S SALE, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION BORROWER APPEARED PRO SE GAME OVER: EVIDENCE REQUIRED, NOT PRESUMPTIONS EVEN IF HOLDER, THEY ARE NOT HOLDER IN DUE COURSE; DEFENSES APPLY SEE 01.28.2011 NJ CT OF APPEALS REVERSE NO STANDING -WELLS-FARGO-BANK-N-A-As-Trustee-Respondent-V-SANDRA-a-FORD-Appellant[1] NOTABLE QUOTES: This appeal presents significant issues regarding the evidence required (E.S.) […]

Tags: ARGENT, Attorney in fact, AUTHENTICATION OF DOCUMENT, CLOSING COSTS, evidence, Fidelity National, FORD, GFE, good faith estimate, HOLDER, HOMEQ SERVICING, JOSH BAXLEY, New Jersey, OWNER OF THE MORTGAGE, OWNER OF THE NOTE, personal knowledge, SOURCE OF KNOWLEDGE, standing, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

SERVICES YOU NEED From testimony in a Chase case, same as dozens of others I have seen —- Q. So if you didn’t review any books, records, and documents or computerized records, how is it that you had personal knowledge of all the matters contained therein? A. Well, I have personal knowledge that my staff […]

Tags: affidavits, Ally, damages, foreclosures, fraud, GMAC, personal knowledge, slander of title
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The bottom line is that none of these signors of affidavits have ANY personal knowledge regarding any document, event, or transaction relating to any of the loans they are “processing.” It’s all a lie. In a 35 hour workweek, 18,000 affidavits per month computes as 74.23 affidavits per JPM signor per hour and 1.23 per […]

Tags: accounting, affidavits, Chase Home Financial, Cotrell, Deposition, HERS, JP Morgan, JPM, personal knowledge, third party payment
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Servicer |

the bailout and insurance money was paid not to the investors or the borrowers, it was paid to the investment bankers who never were at risk. I’m beginning to think that the ultra-sophisticated investors have some dog in this race that prevents them from entering the foreclosure market directly to recover or settle their investments […]

Tags: collector, consumer debt protection act, creditor, debt validation letter, hearsay, investors, motion to strike, objection, personal knowledge, rules of evdience
Posted in bubble, Corruption, Eviction, securities fraud |

In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. […]

Tags: 6th Amendment, affidavits, allonge, assignment, Briscoe v. Virginia, demand letter, FOUNDATION, law firm, limited signing officer, Melendez-Diaz v. Massachusetts, MERS, personal knowledge, reports, service mills, servicing company, Supreme Court, voir dire, witness
Posted in bubble, Corruption, Eviction, securities fraud |

Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in […]

Tags: affidavit, asset backed notes, bailout, borrower, collusion, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, HSBC, Indenture trustee, New York, personal knowledge, real property actions, securitization, shack, valentin
Posted in bubble, Corruption, Eviction, securities fraud |

Here is an example of a defective affidavit: defective-affidavit-of-indebtedness Here is the analysis of how to respond: In general the affidavit is insufficient because it does not satisfy the basic requirements of personal knowledge. 1. “Affiant is an employee:” Affiant should be an officer or otherwise identified as having a specific scope of employment that […]

Tags: affidavit, afidavit of indebtedness, competency, foreclosure defense, foreclosure offense, hearsay, personal knowledge
Posted in Eviction |

Note produced and Mortgage is not: Several possible answers: Mortgage itself is not required in original form but a certified copy of what is recorded is required. That they do not have the original stamped copy is indicative but not proof that the mortgage was assigned or transferred in some way. Therefore you want someone […]

Tags: evidence, foreclosure defense, hypothecate, original mortgage, original note, personal knowledge, recorded, securitization, transfer
Posted in Eviction |