It is the transfer document itself that suggests there was something to transfer. And it suggests that there really is a transferor and transferee because that is what is written on a piece of paper. But there is no transaction that is memorialized. It is all fiction. Nothing was transferred. But that fiction leads to […]

Tags: inferences, presumptions, procedure, Rules
Posted in Uncategorized |

1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the the procedure set forth in the TILA (sic) […]

Tags: 15 USC §1635, borrower, California 4th DCA, disclosure, foreclosure defense, foreclosure offense, fraud, identity of the creditor, jesinoski, Naifah, procedure, rescission, securitization, US BANK, void mortgage, void note
Posted in Uncategorized |

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Tags: 9TH CIRCUIT, Ameriquest, announcement, Hawaii, JPMC Specialty Mortgage, Marary Kanamu-Kalehuanani, procedure, wrongful foreclosure
Posted in bubble, Corruption, Eviction, securities fraud |

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Tags: affidavits, appellate court, bankruptcy court, bankruptcy court judges, BAP, cases affirmed on appeal, Circuit Court of Appeals, citations, clerk of the court, court abused its discretion, court reporter, denial of due process, district court judge, evidence, federal jurisdiction, fighting foreclosure, foreclosure, foreclosure cases, foreclosure defense, foreclosure fraud, foreclosure offense, fraud upon your client, fundamental error, in limine, judge, lower court, memorandum of law, Motion IN Limine, OBJECTIONS, objections in limine, objections known in advance, opposing counsel, predatory lending, Preserving your rights on appeal, pro se litigants, procedure, record on appeal, reversed on appeal, silence as concession, transcription, TRIAL, trial proceedings, Whose Lien is it anyway?
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submitted by Frank D’Anna Writ of Mandate 2 Frank D’Anna COMMENT: I don’t know if Frank got help, but however he did it, this is a fine piece of work. He obviously understands that if you want to take an appeal, you must state a reason that the trial court erred. If you want to […]

Tags: appeal, burden of pleading, BURDEN OF PROOF, court record, D'Anna, enforce the note, foreclose, injunction, Non-judicial election, party seeking affirmative relief, presumptions, procedure, restraining order, trustee, Writ of Mandamus
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Pleading |

Good comment, which I edited slightly for readability:   Hey Jose, run your case by the trustee who more than likely will not do a thing;  request for leave to file the case in C Court, not to worry about the lender,  he will remove to Fed Court.  Lost Note, fight it long, hard and […]

Tags: bankruptcy, foreclosure defense, judge, procedure, trustee
Posted in bubble, Eviction |