Georgia Lawyer’s Strategy on “Bond” Requirement Has Merit

I am a lawyer in Georgia and it has been my experience in Georgia the lender will move the court to modify the rescission procedure by having you tender the money into the court registry (15 USC 1635(b)) within a specified amount of time., usually 6 months. The mortgage will only be removed after this [...]

Happy Birthday to our Founder – Neil Garfield

Homeowners who have been equipped to fight by this blog OR Lawyers That “Get It” who have gained new clients and won cases Perhaps we might honor this man’s efforts at shining the light of truth on the fraud that is being perpetrated on the American public and his efforts to rally and educate competent lawyers [...]

This is it! WHERE’S THE NOTE, WHO’S THE HOLDER: ENFORCEMENT OF PROMISSORY NOTE SECURED BY REAL ESTATE

submitted by NY Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that: (1) It is [...]

Text of Obama Speech on Foreclosure Crisis

February 18, 2009 Text President Obama’s Remarks on the Homeowner Affordability and Stability Plan Following is the text of President Obama’s remarks in Arizona, as prepared for delivery and provided by The White House. I’m here today to talk about a crisis unlike any we’ve ever known – but one that you know very well [...]

New Obama Plan a Good Start

President Obama is taking on a very challenging task. A direct statement to the American people that their mortgages and notes are invalid, unenforceable or void would be portrayed as undermining contractual obligations. It would infuriate the investors who bought the worthless CDOs and undermine Obama’s enormous popularity with allegations of throwing the finance system [...]

CBS Airs House of Cards: Closer to the Truth But Not Quite There — Line up the story of the borrower and the story of the investor and they are the same

CBS News HOUSE OF CARDS CBS aired a 2 hour news special on the mortgage meltdown. For a change, the facts in it were entirely correct although some important facts were left out. There still remains a bias against the borrowers. While the case was made that the investors were defrauded and didn’t know what [...]

Civil Disobedience on the rise as Sheriffs refuse to serve evictions- “I refuse to leave the home that I’ve worked so hard to keep, I will not let the bank take my home and I will not leave.”

Some light at the end of the tunnel. It is ONLY when people get mad enough to stay “STOP” that this will end and the economy will recover. Right now we STILL have wealth transfer from the poor to the rich. The foreclosing party has no right to the house or the proceeds of sale. [...]

MERS Info

MERS residential Membership Application Kit Contains the following items: Brochure: “Process loans, not paperwork” Membership application Terms and Conditions Fee Schedule MERS® Commercial Membership Application Kit Contains the following items: Brochure: “Minimize Risk, Save Money, Reduce Paperwork” Membership application Terms and Conditions Article: “MERS: Every Commercial Loan Needs a Mom” MERS® eRegistry Membership Application Kit [...]

MERS: 57 million mortgages on its Books: MSNBC Stuckey — Lenders passed around the deed to Vargas’ house as if it were a whiskey bottle at a frat party

Great Song says it All- Click to Play: Shuttin Detroit Down cnbc-airs-house-of-cards-closer-to-the-truth-but-not-quite-there-line-up-the-story-of-the-borrower-and-the-story-of-the-investor-and-they-are-the-same civil-disobedience-on-the-rise-as-sheriffs-refuse-to-serve-evictions-%E2%80%9Ci-refuse-to-leave-the-home-that-i%E2%80%99ve-worked-so-hard-to-keep-i-will-not-let-the-bank-take-my-home-and-i-will-not D-Day vet’s tale parallels mortgage meltdown Ex-corpsman, 84, blames ‘greed, greed, greed’ as he faces losing his home By Mike Stuckey Senior news editor msnbc.com Feb. 17, 2009 CERRITOS, Calif. – Questions linger here, as ripe and nagging as the odor that [...]

World Savings Knew It was Acting Illegally and Committing Fraud

main4801309.shtml Editor’s Note: They all knew. It’s up to you to stand up and challenge them to prove the basic assertions — even the sending of a monthly statement is potentially an act of fraud since neither the servicer nor the party with whom they entered into the Pooling and Service Agreement had or have [...]

Motion for Consolidation is sometimes enough

From an attorney involved in foreclosure defense. I hope you are well.  I have been reading through your manual daily to absorb the breadth and depth and width of this mortgage meltdown…  I am so glad I was able to come to the workshop in Napa and meet you.  I’m sorry I missed your teleconference [...]

Marcy Kaptur: Wall Street Robbed the Biggest Bank of All — the U.S. Treasury

Marcy Kaptur D – Ohio on the Floor of House of Representatives: Watch

President Obama: Please Learn faster

Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the [...]

Securitizers Scared to Death of Class Actions

countrywide-061308 “Fraud on the Market” at the core of the mortgage meltdown is hotly contested: millowitzvcitigrioup1-30-07

Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure!

Federal Courts Provide Foreclosure Victim A Stay from Eviction! L.A. Homeowner refuses to yield claiming Unlawful Foreclosure! By M Soliman Submitted by Keith Bloom A Los Angeles Federal Court heard early arguments by plaintiff’s counsel for a temporary restraining order (TRO) in a suit filed against the lender and defendant Deutsche Bank in an unlawful [...]

WSJournal – “Servicers are limited in their ability to modify mortgages”

Key points -“servicers are limited in their ability to modify mortgages” READ: they have no authority to modify nor authority to foreclose This is why so many are “strung along” thinking they are waiting to be approved for a loan modification and at the eleventh hour are told they “weren’t approved” and then the following week [...]

California District Court Magistrate Hits Nail on Head for Standing by MERS and Servicer

Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc [...]

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal [...]

California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer !

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a [...]

More Banks failing: Title Chain Gets Cloudier

Three U.S. Banks Shut by Regulators as Financial Crisis Deepens Email | Print | A A A   By Margaret Chadbourn and Ari Levy Feb. 7 (Bloomberg) — Three banks, two in California and one in Georgia, were seized by regulators, bringing this year’s tally of closings to nine as a recession and record foreclosures [...]