In Memorium

They fought for their country because their country asked them to. They gave the last measure of their physical existence for us. Stop a minute and think about the millions who died, or were disabled in our name at our behest. They fought for the warrior next to them, in front of them and in [...]

Gingo: Spectacular Appellate Brief on Indorsement, Assignment, Standing and MERS

All I can is you MUST read this. It explains better than I have done the relevancy of transfers within the structure of securitization of a residential mortgage loan. Gingo attended my seminar and took it from there. He ran with the ball and he’s heading down field to a touchdown. 5 27 10 First [...]

Institutionalizing Fraud on the Court

FIP (Fraud in Process) Proof Not much to say here except possible Bar Grievance Criminal Complaint Civil Damage Complaint Administrative Complaint against people or entities chartered or having licenses Did I miss anything?

Another Mortgage Bites the Dust

More and more Judges are finding ways to destroy the entire mortgage — a message to those “lenders” who refuse to reduce principal as settlement of the dispute. Rabin v Brigid Bankr N D Ohio May21 2010 TrusteeMayAvoidMtgDueDefectiveNotary Submitted by Max Gardner

non-judicial sale is NOT an available election for a securitized loan

NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is [...]

VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE

VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE Today, May 25, 2010, 4 hours ago | Jeff Barnes May 25, 2010 A Montana Circuit Judge entered a preliminary injunction yesterday enjoining MERS, Recontrust, and Countrywide from undertaking any action to sell, encumber, or transfer the borrower’s property during the pendency of the [...]

MERS Bashed Again as Not Owning Anything

Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. [...]

FREE HOUSE: THIS JUST IN

WHOA! Florida Judge Wipes Out Homeowner’s $207,000 Mortgage! Read the Transcript: 5 25 10 fla miami transcript Bailey voids mortgage Editor’s Note: Don’t expect this result every time but we are turning the corner. Also don’t tell the Judge you are there for a free house. Tell him or her that you want the benefit [...]

New MERS Case: Bellistri v Ocwen Loan Servicing, Mo App.20100309

SUBMITTED BY MAX GARDNER. HIS NEXT BOOT CAMP IS MAY 20, 2010 SEE Bellistri v Ocwen Loan Servicing, Mo App.20100309 Bellistri paid the taxes for three years, then sent notice to Crouther and  BNC that he was applying for a collector’s deed. After BNC failed to redeem (which means “pay the taxes with interest and [...]

Allocation of Third Party Payments and Loans to Specific Loan Accounts

TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 [...]

Another Strategy to Own Your Loan: Allocation of Third Party Payments to Your Loan Account

I’m told by some industry insiders that you can buy a piece of our loan for pennies on the dollar, much the same as NPR did when they wanted to track the money and documents through the securitization structure. That’s a good goal because it will give you “inside information” on what the pretender lenders [...]

If the money was free then why does anyone owe it?

VERY Interesting dialogue. Like Socrates, it makes its point by analogy. If the free money came from the borrower, there would be no question about whether the “bank” was owed the money — in fact it would be the “bank” that owed the money to its customer. So why is it OK for them to [...]

Noose Tightening — Foreclosure Consultants

Interesting Post from Anna: Editor’s Note: As I have repeatedly said unless the pretender lender volunteers, NOTHING stops a foreclosure other than an Order signed by a Judge in a Court of competent jurisdiction, which includes the automatic stay relief afforded by filing a petition for debtor relief in Chapter 7, 11 or 13 Bankruptcy. [...]

California Reconveyance is suspect for many reasons

That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says [...]

AND the indictments start

“This will go on for a long time and a lot of people will be indicted,” “The government continues to show that it simply doesn’t understand how this market operated,” Editor’s Note: If you read this carefully, you get a flavor of how the derivative scam adventure involved everyone except its victims. Mind you, there [...]

Assignments: Why Were They Needed?

Since the entire scheme was based upon using money advanced by investors, why are they not the beneficiaries on the mortgage or deed of trust and why were they not the payee on the note? The investors would not have advanced any money without getting a certificated or non-certificated interest in the pool of assets [...]

Discovery Guidelines

It’s part of motion practice and part of other preparation for an evidentiary hearing. Although it is rare that these matters are set for hearings where witnesses testify and documents are proffered in evidence, they are becoming more common. That’s why I am considering doing the “OBJECTION! Workshop” in August or November which is the [...]

House for Free? Don’t get Caught in that Trap

I’m probably partly to blame for this notion so I want to correct it. The goal is NOT to get your house for free, although that COULD be the result, as we have seen in a few hundred cases. The simple answer is “No Judge I am not trying to get my house for free, [...]

NOMINEE? NO POWER NO AUTHORITY

There’s more than one way to attack the prima facie case though—here’s a good example of a nice result from attacking the assignment… This NY decision lays out the legal reasoning for dismissing cases for problematic assignments: Decided on April 19, 2010 Supreme Court, Kings County The Bank of New York, as trustee for the [...]

is it one of them or is it all of them? Mr. Cuomo, are you listening?

According to two EMC analysts, they were encouraged to just make up data like FICO scores if the lenders they purchased loans in bulk from wouldn’t get back to them promptly Editors’ Note: With Bear Stearns “underwater” it is difficult to come up with scenario where there won’t be criminal charges brought against the bankers [...]