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 [...]

FLA BK COURT STOPS US BANK N.A. NO STANDING FEB 2010

The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention [...]

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 [...]