Florida 6th District Strikes at Heart of Pretender Lenders

5 08 10 Florida mediationorder The main message is that what we have here is a legal obligation in search of a creditor and that the opposition is trying to use the court as a vehicle to steal the house and run with it while the whole securitization mess is scrutinized. I think this Order [...]

RULES OF ENGAGEMENT FOR FORECLOSURE DEFENSE LAWYERS

See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly [...]

Semantics: What a difference a word makes — Creditor — Trustee

Using the voluminous amount of feedback to Livinglies.wordpress.com, some observations about the words you use in litigation and in your correspondence, QWR and DVL might well be of some assistance. CREDITOR: It seems that using the word creditor has much more power than lender, pretender lender or even holder in due course. I’ve been told [...]

GOOD QUESTION ON WHO DO YOU OWE MONEY TO

QUESTION: I needed to know what the following means, from my Trustee’s Deed Upon Sale … specifically the last part that reads “as Trustee for Mastr Adjustable Rate Mortgages 2004-15, Mortgage Pass-Through Certificates, Series 2004-15“. JP Morgan Chase was my Lender prior to my last re-fi in September 2004, which was done thru RBC Mortgage [...]

FROM FAQ: New Entry – UNAUTHORIZED ASSIGNMENT

QUESTION: I have an interesting problem with a foreclosure action that was just brought to my attention. The borrower went into default in August of 2007. The “lender” on the note and mortgage was Countrywide Home Loans, Inc. The mortgage had the usual MERS language. Countrywide was kept on as servicer. The borrower went into [...]

Irregularities in recording and delays in recording open up new channels of attack on mortgages and notes

CLICK NOW TO REGISTER FOR WORKSHOPS: DEFEND PROPERTY! COLLECT DAMAGES! title-company-sues-countrywide-exposing-deep-flaw-in-loan-closings PRO SE LITIGANTS AND LAWYERS ALIKE MIGHT WANT TO CHECK WITH REGULATORY AUTHORITIES TO CHECK DISCIPLINE (OR START DISCIPLINARY PROCEEDINGS) AGAINST THE REAL ESTATE BROKER, MORTGAGE BROKER, LENDER, APPRAISER, TITLE AGENT ETC. WHO PARTICIPATED IN THEIR LOAN ORIGINATION AND CLOSINGS. THE TRUE LENDER WAS [...]

Foreclosure Offense: You’re Up to Date — But Paying the Wrong Party?

You could be up to date in all your payments. Your billing proves it. And yet, the person (Mr. Investor) who loaned you the money for your mortgage is not getting the payments. This person steps forward and says you owe all the payments from the date of the loan, including interest, late payments, late [...]

Foreclosure Defense: 11 Year Ohio Fight Keeps Going — Persistence Pays

Go Davet GO!!!!!! The Court House:
 How One Family
 Fought Foreclosure By AMIR EFRATI
December 28, 2007; Page A1 BEACHWOOD, Ohio — Faced with the threat of foreclosure, many homeowners give up and abandon their homes. Then there’s Richard Davet. He and his wife, Lynn, lived in a six-bedroom home in this Cleveland suburb for nearly 20 years [...]