Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates. In fact there is no holder in due course and there never will be in most instances. There was never […]

Tags: discovery, holder in due course, investment bank, owner of the debt, REAL PARTY IN INTEREST, table funded loan, TILA
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading, Servicer |

Whilst researching something else I ran across the following article first published in 2010. Upon reading it, it bears repeating. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- WHAT IF […]

Tags: assignment, delivery, discovery, Edward DeMarco, FHFA, foreclosureblues, indorsement, investor-lender, Isaac Gradman, pools, table funded loan, third aprty payment
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Lehman had nothing to do with the loan even at the beginning when the loan was funded, it acted as a conduit for investor funds that were being misappropriated, the loan was “sold” or “transferred” to a REMIC Trust, and the assets of Lehman were put into a bankruptcy estate as a matter of law. […]

Tags: Assignment and ASsumption Agreement, Aurora, disclosure, Fannie, foreclosure defense, foreclosures, fraud, Freddie, Lehman, MERS, predatory per se, Reg Z, REMIC TRUST, securitization, table funded loan, trustee
Posted in Uncategorized |

Amongst the cases I review and manage, the question was raised by one of the homeowners as to why I insisted on holding both the originator and subsequent intermediaries in the alleged securitization chain and/or table-funded loan where both the party alleging having (1) the capacity to sue see SEC Corroborates Livinglies Position on Third […]

Tags: accounting rules, borrower, creditor, dismissal, dismissal with prejudice, false pretenses, financial accounting standards Board, illusion, promissory note, proof of loss, proof of payment, proof of sale, REMIC, sale of the loan, signature, table funded loan, trust, Truth in Lending Act, UNJUST ENRICHMENT
Posted in Corruption, Eviction, securities fraud |

“If we accept the Bank’s argument, then we are creating new law. Under the new law a borrower would owe money to a non-creditor simply because the non-creditor procured the borrower’s signature by false pretenses. The actual lender would be unable to retrieve money paid to the fake lender and the borrower would receive credit […]

Tags: ACH instructions, ACH receipt, BFP, Bill of Rights, BofA, Bona Fide Purchaser for value without Notice, CALIFORNIA, Chase, insurable interest, MERS, Motion Practice, Reg Z, table funded loan, Wells Fargo, wire transfer instructions, wire transfer receipt
Posted in bubble, Corruption, Eviction, securities fraud |