FOLLOWING THE MONEY — WHAT TO ASK FOR AND LOOK FOR

MANY THANKS TO DAN EDSTROM
Dan has put together a list which frankly I would like him to expand. Following the money means determining the party to whom you MIGHT owe money. It certainly isn’t the pretender lender and if you can fill in the blanks on this list you will be able to show that. [...]

Foundation of “Lost” Document — Wigmore on Evidence

The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to [...]

BASIC PROPERTY LAW TRUMPS ESOTERIC PRETENDER LENDER ARGUMENTS

FROM THE COMMENT SECTION THANK YOU ANDREW): I THINK HE’S GOT IT! There is no getting away from the fact that the lender is the investor and that anyone else whose name was inserted in the documentation did so not only without authority but as an intentional misrepresentation as part of a fraudulent scheme to [...]

Strategic Implications of the Landmark (Kesler) Kansas Supreme Court Decision

See entire decision here > kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies
See also Arkansas Supreme Court stating the same principles and citing to Kansas: arkansas-supreme-court-denies-mers-legal-standing
Annotations: See this list of cases cited by pretender lenders: Lender’s Cases

mers-getting-the-grilling-it-deserves
kansas-s-ct-decision-annotation-2-reversing-default
kansas-waking-up-to-discover-the-mortgage-market-was-a-giant-criminal-enterprise
What does this decision mean? It means that there are several direct strategic moves that are suggested both by the tactics of the pretender lenders and [...]

Tacit Procuration Available in Georgia and Procedural Pitfalls in Reversing Foreclosures

Thanks to Nye Lavalle for this Submission
Editor’s Note: Tacit Procuration Available in Most States. Watch those procedural requirements on reversing foreclosure.
The main procedural points are first file to reverse the sale alleging fraud etc. Second, have a court reporter present at any hearing if you need to appeal. In addition whether it is in the [...]

Kansas Supreme Court Sets Precedent – Key Decision Confirming Livinglies’ Strategies

Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking [...]

Kansas Landmark Decision Annotated 1

1st Annotation of Landmark v. Kesler:
IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 98,489
LANDMARK NATIONAL BANK,
Plaintiff/Appellee,
v.
BOYD A. KESLER
Appellee/Cross-appellant
MILLENNIA MORTGAGE CORPORATION,
Defendant,
(MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AND SOVEREIGN BANK),
Appellants/Cross-appellees,
and
DENNIS BRISTOW AND TONY WOYDZIAK,
Intervenors/Appellees.
filed August 28, 2009
“The second mortgage lies at the core of this appeal. That mortgage document stated that the mortgage was made between Kesler–the “Mortgagor” [...]

Don’t Get “HAMP”ED Out Of Your Home!

By Walter Hackett, Esq.

The federal government has trumpeted its Home Affordable Modification Program or “HAMP” solution as THE solution to runaway foreclosures – few things could be further from the truth.  Under HAMP a homeowner will be offered a “workout” that can result in the homeowner being “worked out” of his or her home.  Here’s [...]

Countrywide Decision: Investor is owner of loan

BofA’s Countrywide loses court ruling on mortgages — Modifications Not Authorized By Investor May be Invalid
There is lots of significance about this decision. First it shows that if the investor is going to sue it is going to be against the intermediary pretender lenders and not the borrower — because they don’t want to expose [...]

Curious “disclosure” by MERS and Countrywide: What is a nominee?

BOTTOM LINE: Use of a nominee causes an irreconcilable cloud on title entitling the homeowner to recovery on his homeowner title insurance policy. If homeowners purchased title insurance, they were at the same time in the same closing agreeing that the names of MERS and Countrywide would be used, for example, but that off-record activity [...]