Case Compilation Where Claims of Ownership Were Dismissed

I don’t know how I missed this but 4closurefraud.com compiled a list of cases in which the banks lost. (See below) The basis on which they lost was simply the finding that the alleged Trust or Plaintiff did not own the debt, note or mortgage. This is the same as the San Francisco study that found that at least 65% of all foreclosures were initiated by “strangers to the transaction.”

The issue confronting lawyers is that at trial, the Judges are assuming and presuming things that are not true. And the facts are counter-intuitive, leaving the lawyer with no answer to the question “Well if the originator didn’t fund the loan, who did?” and the corollary question “Well if the Trust doesn’t own the loan, who does?”

Such questions shift the burden of proof to the one party who knows nothing — the homeowner. It is much more difficult to fight with opposing counsel and the Judge at trial than a major aggressive push in discovery. Judges frequently start out leaning towards the bank, but once it is pointed out that discovery is a much broader process than trial, many lawyers are punching through the fog. Arguments about presumptions during discovery should be turned on their head — that all such presumptions are rebuttable.

And one last point — for nearly ten years I have been cautioning lawyers and homeowners not to admit things they know nothing about. None of you actually have the facts and none of you has the requisite knowledge (except in rare cases) about the money trial. People complain about “bad” decisions and accuse the court of bias. But in most cases where the borrower loses it is because facts that are untrue or unproven are accepted as true.

If you look closely at rulings where an opinion has been published, notice that the ruling is based upon facts that were admitted by the homeowner that never should have been admitted. This is a common error. The truth is that the homeowner doesn’t know the money trail but they assume that there is a money trail because to assume otherwise leaves the court in a fog. Once you assume that the borrower really did get a loan from the originator and once you assume that the party initiating the foreclosure purchased the loan, the paperwork arguments lose virtually all of their strength.

So unless you actually know the money trail and unless you know that it supports the paper trail, don’t admit it. Here is a brief checklist of things that should not be admitted unless you know they are in fact true:

  • The originator was the lender.
  • The loan was funded by the originator
  • The note and mortgage were properly released from the closing by the closing agent
  • The mortgage or deed of trust was properly recorded (NOT if it was void, which is uttering a false instrument)
  • The note and mortgage are valid documents arising from a consummated loan contract between the homeowner and the originator.
  • The originator owned the debt, note or mortgage.
  • An assignment from the originator gave rise to rights to enforce the note and mortgage.
  • Someone purchased the debt, the loan contract, the note and mortgage by paying money to the originator (in almost all cases this is not true).
  • The property is encumbered by a valid security instrument (the mortgage or deed of trust)
  • The substitution of trustee was valid
  • The notice of default was valid (not if the issuer of the notice was an unauthroized servicer)
  • The party issuing the substitution of trustee and/or notice of default was a proper beneficiary under a deed of trust
  • In the forced sale of the property, the successful bidder was a real creditor who could submit a credit bid instead of cash.
  • The REMIC Trust exists
  • The REMIC Trust ever existed in the real world — i.e., that it conducted any business, maintained a bank account or otherwise purchased assets that were managed by the trustee
  • The REMIC Trust owns the debt, note, loan contract or mortgage
  • The servicer is authorized (simple logic: if the loan is NOT in the Trust then the servicer CAN’T be authorized by a Trustee of Trust that doesn’t own the loan.
  • The Trustee on the Deed of Trust (nonjudicial states) is the substituted Trustee (in reality if the substitution of trustee was void or invalid then the original Trustee is still the Trustee on the deed of Trust)
  • The named Trustee is the Trustee or authorized agent for the certificate holders of the REMIC Trust
  • The payment history submitted by the latest servicer is correct (go back and look at prior payment histories from the servicers’ predecessors)

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1. CASE COMPILATION OF STANDING ISSUES WHERE TRUSTS WERE NOT ABLE TO FORECLOSE OR PROCEED IN BANKRUPTCY

see http://4closurefraud.org/2012/11/19/foreclosure-research-case-compilation-of-standing-issues-where-trusts-were-not-able-to-foreclose-or-proceed-in-bankruptcy/

10 Responses

  1. People and Neil should flood 60 Minutes and Fox news about some follow-up on the National Mortgage Settlement, the supposed epic settlement with the USDOJ late in 2014 and the Morrow Case in Montana and how Montana is working to protect mortgage owners. Colorado and other states are definitely NOT doing anything- lucy they caught old Jerry Brown out in California with his “hand in the till” on the $300,000!!! Everyone keep up the great work:)

  2. Justice will come. I know things look bad…but they got this way because the people were sleep walking for generations, perhaps.But, for decades at the very least. Now, people are waking up and becoming aware of this fraud and criminality. People are not only waking up, but people are getting angry. Seeing the banks, and the judges and the attorneys and so on…for the criminals that they have always been. Awareness can be unpleasant at first…but knowledge and awareness of the masses, regarding what is really going on in this world—is the only thing that can free humanity.

  3. That’s a nice compilation of cases, but…..I hate scribd. I’ve tried uploading documents, and it’s never enough. They just want your money. I wish people would stop using scribd. It would be nice to get those PDF files some other way.

  4. Bernie Sanders could start the change

  5. The truth according to God
    Not my truth or their truth but Gods truth.
    Renember it takes a lot of cooperation to rig.

  6. DwightNJ
    I have come to the understanding that you cant possibly win and get justice if the systtem is in fact rigged, no win or lose because its rigged.
    Its hard to accept even a hard headed Brit like myself, when you have a belief system that had always been that justice will prevail, Well maybe truth will, actually i know it will, therein lies my peace.
    Take it easy.

  7. If its any consolation. … He knows your right!
    Play Nice !

  8. This guy never stops

  9. Amen to that and I thing most of us know now what is going on thanks to people like Neil and the great state of Montana. The Montana Supreme Court and AG stood up to nasty old B of A and won big time- only problem was that people like the Morrows were only apparently looking our for themselves in allowing the private, out-of-court, and confidential settlement.
    I have a case nearly identical to the Morrows here in Colorado and Colorado is a terrible state when it comes to defending and protecting homeowners as evidenced by Rule 120. I had a terrible judge who has mostly been a part time judge and he merely cited Rule 120 end of case and mocked me for coming to court with an armload of proof I was not even allowed to talk about. Also, don’t look for help from anyone in Colorado all the way up to the governor and all our useless, spineless Congress people. Everyone knows the CFPB is a complete joke, and what can you expect- it is a government agency like the VA and I can assure you both are totally dysfunctional and inept, not to mention the waste and the deceptive behavior.
    We need to get enough great, honest, and transparent attorneys and title companies on board and run these big lenders out of town for all the waste, abuse, and downright fraud that has been proven. Yet the USJOD and CFPB will not go back in, I know the cases were left open, and go after these turkeys who are still doing the same old practices and taking property needlessly from us fellow Americans.
    Just as an example of how bad and terrible B of A is, I just got a mailing after they foreclosed stating my property was worth more than what I had it listed for and was getting offers- just ran out of time for this time of year and they would not hear about any possible postponement because they need to get rid of this bad loan, but in the end they won’t!!!! Just look at the fact that B of A received $45 BILLION in bail out money originally to help property owners, then there was the 25 BILLION settlement with 49 states to again address this issue, and then the USDON with its epic settlement in 2015 for nearly $ $17 Billion!!!! Where is all this money going? Right back to the fat cats and then you have turkey governors like Jerry Brown in California who supposedly took $300 Million that was supposed to be used to help property owners and applied it to the budget in California and I believe that case was won for the people!!

  10. Mighty big brush painting the concept that it’s the borrower’s admissions to things they know nothing about, rather than being about the “’bad’ decisions and accuse[ing] the court of bias. There have been countless thousands of cases where the borrower was never allowed to get to first base, much less the warm up circle, due to rampant court bias and pitifully ignorant decisions.

    Take my case, PLEASE! I argued that America’s Wholesale Lender did not and could not transfer their interest in the mortgage. The judge offered in his ruling that “everyone knows that America’s Wholesale Lender is an assumed name of Countrywide”. End of story. Next case! I could have easily proven the sham behind that judge’s ignorance, (or willful prejudice?), but was hurriedly shown the door.

    As has been repeated on this site at least a million times, until discovery is allowed, millions more will be thrown out onto the runway to supply yet more foam. And that won’t happen until several thousand judges are revealed to be neck high in bank stocks funding their vacation homes on the lake.

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