NY APPELLATE COURT: MERS IS A FICTIONAL CHARACTER — LIKE DONALD DUCK

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR [...]

9th Circuit BAP: HSBC, ASC Not Real Party In Interest, No Standing, MERS Has No Interest

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Fontes-MEMO-9th Ciruit BAP – Judge Jury a Member of the Panel The collateral benefit MUST go solely to the homeowner. If the creditor chooses not to exercise any right or intention to collect, it is not a license for ANYONE to come in [...]

Cochrane: How Deutsche Bank as a Trustee will attempt to harm you in bankruptcy court.

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: When you actually READ the securitization documents, you will find, as I did, that all of them are quite disingenuous. They mislead the casual reader and even some careful readers who don’t understand what is actually being said. The prospectus says the investor is [...]

ANOTHER CALIFORNIA BANKRUPTCY JUDGE SLAMS PRETENDER LENDERS AND MERS

CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM SEE MANN order_br_cally_so_dist_salazar_vs_us_bank_denying_mfrs_mers_4_11_2011 Bankruptcy Judge Margaret M. Mann GETS IT! 1 Posted by Dan Edstrom on April 12, 2011 at 8:19 pm Bankruptcy Judge Margaret M. Mann GETS IT! By Daniel Edstrom DTC Systems, Inc. Coming off of the heels [...]

JAMIE DIMON: WHEN DID HE KNOW THAT JPM WAS STICKING IT TO CUSTOMERS AND MAKING A PROFIT?

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM SEE jpm-makes-2-billion-while-investors-lose-500-million EDITOR’S NOTE: If the press can ask the questions leading right up to the top of the megabanks, why can’t the government? You have to remember that these people practically invented the term “due diligence” and before the securitization scam, it was very challenging to get a [...]

US TRUSTEES ATTACKING PRETENDER LENDER STANDING IN MLS

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary In his experience, Mr. Shaev said: “The attorneys who represent the banks invariably state that they will get the collateral file for us and prove that the banks had possession of the documents at the appropriate time. But then when we review the file it [...]

Why We Do What We Do

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              - Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the [...]

Cramdown in Chapter 13!!

see Bradsher Cramdown in Chapter 13 This case is an example of why forensic audits need to go much further than they currently do. Brad Keiser’s Workshop on forensic analysis will focus on the important issues that are usually missed in TILA or other reviews. As the case points out, the usual rule is that [...]

DOUBLE STANDARD on Defaults

So in Chapter 11 for the big boys they address reality and treat the value of the property the way it is. But in individual little guy petitions for relief in bankruptcy court, they stick you with the entire amount of the Note even if the security is only worth 20% of the “principal.” And [...]

MYTHS of MODIFICATION EXPOSED

MYTH  any imaginary person or thing spoken of as though existing any fictitious story, or unscientific account, theory, belief, etc. Kudos to investigative journalist Kevin Hall with McClatchy Newspapers for inserting himself into the so called “loan modification” process and exposing the farce that is being perpetrated on the American public in the article below. [...]

House Fails on Cramdown in Chap 13

The outlook is bleak in terms of government providing for the common welfare and common defense. We have a coup d’etat that is a fait accomplit. The job is finished. Wall Street and the insurance companies are running the country. So it is up to us to go with the flow and have them wondering [...]

Miami Auctions Aims at Insider Deals

Ken McLeod has the figures on this, having done detailed statistical analysis, and capable of testifying as an expert on the usual outcome of these sales. The important point being “why would the “bank” let the property go for 60% of distressed market price — even to an insider?” Answer: because it is all a [...]

While We Were Sleeping, Idaho Took the Lead: In re Sheridan — Real Party Must Have Actual Pecuniary Interest

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be [...]

The Elephant in the Room – Well One of Many…

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare [...]

Technology and Professional Responsibility: NewTrak and Required Due Diligence -”Plausible Deniability” collides with reality

The Judge authored a 58 page opinion ”to share my education with participants in the bankruptcy system who may be similarly unfamiliar with the extent that a third party intermediary drives the Chapter 13 process.” Opinion, p. 30.

where, as here, the debtor contests the relief sought, the flaws in the automated process become apparent. At this juncture, an attorney must cease processing files and act like a lawyer. That means she must become personally engaged, conferring with the client directly and abandoning her reliance on computer screens as an expression of her client’s will. This did not happen in this case until the Court became involved. It should not have taken judicial intervention to bring the Claim Objection to its conclusion.

Time to Write to Obama, Senators and Congressman

Many Thanks to Ron Ryan, Esq. representing the Tucson Bankruptcy Bar for the submission below: Editor’s Note: Obama wasn’t kidding when he he said the thing that humbled or frustrated him the most was how slow Washington is to “get on board.” Dick Durbin had the class and guts to say it outright. The banks [...]

Cramdown Vote: Banks Bought Senators On The Cheap

Sen. Dick Durbin (D-Ill.) introduced legislation in the Senate Thursday which would allow homeowners in bankruptcy to renegotiate — or cramdown — mortgages with banks. His corresponding amendment to the House-passed bankruptcy reform bill is scheduled to be voted on at 2:30. (Read the whole thing.) The measure is widely expected to fail, as crucial [...]

Reality Check: Holder in Due Course Doctrine is not some fancy trick to get out of paying

Too many people are looking for an easy way out and reporting that Judge’s don’t like their arguments because they are going into court saying they don’t owe the money and there is no obligation. This argument starts you off on the wrong foot and heads for disaster. The better approach is to start off [...]

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 [...]

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 [...]