Deutsch Bank: Going Down With the Details

It is getting increasingly obvious to the courts that there is something inherently wrong with foreclosures. The substitutions without leave of court and the repeated filing for foreclosure on the same default are coming back to bite the ‘securitization fail” scheme of the banks.

see http://www.newyorklawjournal.com/id=1202766695379/Deutsche-Bank-Trust-Co-Americas-v-Smith-20152381?kw=Deutsche%20Bank%20Trust%20Co.%20Americas%20v.%20Smith%2C%202015-2381&cn=20160907&pt=Daily%20Decisions&src=EMC-Email&et=editorial&bu=New%20York%20Law%20Journal&slreturn=20160807093854

If you start with the premise that the trusts were never funded and therefore never existed, everything starts to make sense. In ordinary circumstances with ordinary loans the pronouncement of every bank foreclosure attorney rings hollow: “Judge this is a standard foreclosure.” If that were true they wouldn’t be losing cases procedurally, allowing them to linger sometimes for a decade or more, and they wouldn’t be trying to slip in a “substitution of Plaintiff” without leave of court. And they probably would not be foreclosing on so many dead people.

This case, decided today, gives us an example of how things can go wrong for the banks, servicers and trustees. But first I would remind the reader that virtually all foreclosures over the past 10 years have been allowed without admissible evidence or pleading. They have succeeded in foreclosing based upon two elements: (1) fabricated paper and (2) getting a judge to apply legal presumptions that are contrary to the true facts. The banks have been helped by the judicial aversion to the “free house” myth, and the corollary myth that if the foreclosure is allowed to proceed, nobody is getting a free house. Neither myth is true.

So in this case there are two points made. First that New York like many states operates under the rule that if the case has been “discontinued” (i.e., dismissed twice) the third attempt should be dismissed because the two prior dismissals operate, as a matter of law, as an adjudication on the merits, meaning that res judicata applies. This is narrowly applied to those cases where the allegations are essentially the same as the two prior cases.

In prior decades I represented lenders and homeowner associations enforcing their liens by foreclosure. It was a rare occurrence that we ever had to go into court more than once to prove our case, and rarer still that we had our case dismissed because of inaction or refusal to answer discovery. Now it is practically the rule that the foreclosure cases are vetted on whether they are contested or not. Those cases that are contested are pushed to the back of the line because that is where the foreclosing parties, strangers to the transaction, are vulnerable to losing their spurious claims.

Since most foreclosures are uncontested, these banks, servicers and trustees are free to get their foreclosure judgments and forced sales without objection from anyone by a factor of roughly 25:1. So the banks are playing the odds. For every case that is contested it is best for banks to delay it while they get 25 others through without objection. But the Courts are catching up with this strategy and it won’t be long before some very strong orders are entered demanding explanations of what is really going on. The time is coming when we return to the days when judges scrutinized the foreclosures and asked pointed questions even in uncontested cases.

In prior times the lender or association would always show its records if it was demanded by the homeowner or property owner. Now despite a new Federal rule preventing blanket objections, banks routinely object to all or nearly all of the requests in discovery, frequently resulting in an order to compel discovery which is often ignored resulting in dismissal.

The other point raised by the Court was the practice of simply changing the style of the case by inserting a new or “corrected” name of the Plaintiff or foreclosing party. The principle is simple: if you want to substitute parties you need leave of court. In order to get permission you need to recite the facts under which the original lawsuit was correctly filed but now, as the result of intervening events, it needs to be prosecuted in favor of a new party. Often this requires an amendment to the complaint in a judicial state. This general rule is now universally rejected by the banks who have convinced judges to ignore the rules and allow the change in the name of the case — instead of demanding an explanation of the change.

The Banks don’t want to explain it because they have no reasonable explanation for changing the parties around. It is often done for strategic reasons rather than substantive reasons — neither of the Plaintiffs — old or new — having any interest in the loan, debt, note or mortgage.

7 Responses

  1. Reblogged this on UZA – people's courts, forums, & tribunals and commented:
    With all due respect to good lawyers and judges; yet, the bar legal system needs to be investigated for it’s roll in the foreclosure pandemic; our experience has been clear bias and refusal of courts to even hear the substantive counterclaims; the bar is the problem; the court system is the problem; there is an unholy marriage with the banksters; unless we remove the divided bar there will be no justice; in peace

  2. The English Central Bankers learned, early on, they should manipulate their intended victims from a place of concealment.

    As “puppet masters”.

    James Comey was on the executive board of a Chinese-English hybrid-bank, “HSBC”, aka “Hong Kong-Shanghai Banking Corporation” while that bank was using American Mortgages to launder terror and drug cartel money!!!!

    If you’re having a sandwich, call on James Comey;

    When it comes to the Clintons: He’s full of baloney.

    He’s not fixed for a hero

    More : submarine sandwich

    And there’s evidence now he can’t provide for a manwich.

    But his chicken is good

    And while his feathers are yellow,

    The Clintons have plucked him; he’s now boneless and mellow.

    He once was a slaw man but he’s now into a pickle

    While his digestion has turned and his appetite fickle.

    The United States is presently, under attack and that attack is being conducted from within our financial center. The attack comes, in the nature of a “Palace Coup”.

    The criminal, banking cartel attempting to use our own financial well-being as a weapon, directed against US, is doing so, in service to a Criminal Erosion of our Property Rights (fraudulent “REMIC Trusts” concealing fraudclosures of American Homes), the value of our currency (1200 Trillion owed to inter-bank, criminal behaviors, ie: laundering terror and drug money) and a coordinated effort, within Law Enforcement, to ignore and refuse to adhere to the “Rule of Law”.

    Eric Holder’s DOJ and Loretta Lynch’s DOJ know Bank of America, Wells Fargo and “HSBC” banks are using American Mortgages to launder terror and drug money.

    OUR OWN LAW ENFORCEMENT IS SELLING THE UNITED STATES DOWN THE RIVER SO A FOREIGN, CRIMINAL BANKING CARTEL CAN ROB US OF OUR PROPERTY RIGHTS!

    THEY ARE DOING SO IN ORDER TO COLLAPSE THE FINANCIAL CENTER OF THE US!

    THERE ARE CURRENTLY 1200 TRILLION FEDERAL RESERVE NOTES OWED TO THEIR INTER-BANK CRIMINAL BEHAVIORS!!!!

    Every true patriot should ask themselves:

    “How is it that the English managed to preserve their currency, while every other currency (the wholly-insolvent, now-“hyper-inflationary”, “federal Reserve Notes”, included) has been targeted for destruction”?

    Yes, Ladies and Gentlemen, the criminal, English-based, Central Bankers have managed, yet again, to preserve their currency of choice, “The English Pound”.

    President Obama, the Judas Goat…

    Uncle Tom at the tiller of the Big Banker’s Boat.

    Once colored a “donkey” for the DNC vote

    Now sinking, with Warren,

    Two turds that won’t float.

    President Obama is currently holding Fannie and Freddie hostage in order to rob minorities of their ability to use F&F to purchase a home.

    http://www.rollingstone.com/politics/news/why-is-the-obama-administration-trying-to-keep-11-000-documents-sealed-20160418

    The President kidnapped F&F in 2008 and has been robbing the homes within the portfolios of “loans” within F&F and the investors to those portfolios of “loans”.

    The criminal bankers, like Hank Paulsen, from Goldman Sachs, explained 10% of the funds generated by F&F would be taken until the financial system stabilized. The President allowed this scam to go forward.

    The President did so in order to steal 100% of the profits owed from the “loans” within Fannie and Freddie so he could reward his masters, the criminal, English-Based, Central Banking Cartel, with those profits.

    The President is trying to help his masters, the criminal bankers, to re-capitalize after they have destroyed themselves. (Google: “1200 Trillion and derivatives”, an impossible sum of money for any bank, or group of banks, to ever pay back).

    The President’s actions in concealing the central bankers’ “Insolvency”, is a NATIONAL DISGRACE” and his … er … ehem … “Law Enforcement Officials” are simply fronting for a Criminal Cartel.

    At the moment, Obama is “Lynching” the Nation.

    He is now just a scaffold for Clinton Castration.

    He reached within his chest of drawers

    To pack the Bureau with Clinton whores.

    The first of which, Loretta Lynch,

    Is just another Clinton Donkey;

    Grinding DNC organ,

    For the Clinton Monkey.

    And We The People must never forget the HSBC Banker:

    Now FBI Director Comey:

    A peerless Coward and Corruption’s Homey…

    So, PBO thought to himself: “While that monkey’s on Clinton’s back,

    “Let’s hire ourselves an FBI Hack”:

    Loretta the Mule.

    A sterile result for all to see, of Law Enforcement that sits to Pee.

    The thoroughly-bred Mule,

    Now on plantation,

    That won’t raise a hand to save the Nation.

    Lorretta Lynch and Eric Holder

    Two crimes of inaction; each bolder-than-bolder.

    Eric Holder, held US down while the banksters robbed homes in every town.

    They used the “MERS” to murder our dreams,

    And poison our children through criminal schemes.

    While, not so much as a one, has gone to jail,

    Through Holder’s NONSENSE… Of “Too Big To Fail”-

    I VOTE HOLDER, THE FIRST ONE TO NAIL.

    Barack Obama: no “American Lion”;

    While not quite above, putting the “lie-on”,

    For the crime that is Clinton; Democracy’s Canker

    And the Treason to Britain, as a “Federal … Reservation… Banker”.

    Now, not so much a riddle, while once there was Biddle;

    A “Tubman” to “Jackson”, Obama’s inaction, smacks of coercion and political faction.

    There’s nothing “Left” of Obama,

    While he’s now “Right” in the middle…

    A panned-cake, filled with BS of Bought-and-Sold,

    A nutless brownie, now burned by the griddle.

    Senator Sanders, We The People, Abe Lincoln’s Greenback Dollar.
    Investigate and Jail the Clintons
    Investigate and Jail the Bankers
    Investigate and Jail the Media as a full-blown Foreign Propaganda
    Investigate and Jail any politician that doesn’t go on the record to explain the intentionally mislabeled, “Federal Reserve” is a foreign, privately-owned and operated, front for an international criminal Cartel.

    Impeach Loretta Lynch. She is another Clinton Apologist and an international disgrace to LAW ENFORCEMENT!

    The Clintons and their fellow, corruption, aka, American Politicians, are also an international, Criminal Disgrace.

    Bring charges against Eric Holder and Lanny Breuer for criminal negligence.

    They and their law firm, Covington-Burling and The bankers and the corrupted political class have destroyed legal title to every home within the MERS- the “REMIC Trusts” are altogether, wholly-fraudulent.

    (see: http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3399&context=wmlr),

    Read,the article, above, particularly p. 116, wherein, the author, Professor Christopher L. Peterson, formerly of S.J. Quinney Law School, now chief counsel of enforcement for the CFPB, explains the “MERS” as created as a “shell company” that is being used to “PRETEND” TO OWN SOME 70 MILLION RESIDENTIAL TITLES TO PEOPLE’S HOMES!)

    “PRETEND TO OWN PEOPLE’S HOMES”!!!!

    The two “shell companies” the bankers and corrupted politicians are using to rob the American Electorate are: 1) The Mortgage Electronic Registration System; the “MERS” … and 2) Residential Capital; “RESCAP”.

    3rd parties (drug and terror cartels) are cleansing their criminal proceeds, using 30-day, monthly mortgage payments, on “loans” that have already been paid, in-full, up-front, at the beginning of the “loan”…

    BEFORE THE FIRST PAYMENT WAS EVEN DUE!

    THINK ABOUT IT: THE BANKERS STOLE OTHER PEOPLE’S MONEY (THE PENSION PLANS); THEN THEY PAID THE “LOANS”, IN-FULL; THEN THEY CLAIMED THOSE “LOANS” ENTERED LAWFUL ACCOUNTS (PROPERLY-RECORDED, IN REMIC TRUSTS); THEN, THEY STOLE THE PAPER CONTRACTS TO THOSE “LOANS” (THE LAWFUL TITLES); THEN, THEY USED THOSE TITLES TO CREATE BETS ON WALL STREET!

    The Pension Plans of the Police, firemen, teachers and municipal workers were stolen by the banks and the government, to pay the “loans” off before a single penny was due from the defrauded homeowners.

    Then the criminals created phony, hyper-fraudulent, “REMIC TRUSTs” with equally-phony, Pooling and Servicing Agreements “PSAs” to “PRETEND” to the SEC those “TRUSTS” are legitimate… They are not.

    There are no assets (homeowner “loans”) in the “REMIC Trusts”! They are EMPTY!!!!

    THE TITLES TO THESE HOMES ARE IRREVOCABLY CONTAMINATED AND NOW FRAUDULENT! (some 70 million American Homes).

    Eric Holder, Lanny Breuer and Covington-Burling’s activities, through their creation of the “MERS” and the robbing of fees owed to lawful recording among 3142 American Counties, have cost communities, across America, Billions, lost to legal accounting of lawful residential titles, that should have been used for “representative government” and fresh water for children…

    These criminal behaviors and criminal actors, are now responsible for the deaths of, at least, 11 children, in Flint, Michigan…

    To say nothing of the death of “representative government”.

    The Attorney’s General throughout all fifty states are also complicit in Criminal Negligence, through their inactivity, even as they refused to do their job in order to take a “pay-off” of 25 million dollars.

    (http://www.housingwire.com/articles/schneiderman-banks-agree-25-million-mers-deal).

    The English-based, central bankers, currently in residence to the intentionally-mislabeled “Federal Reserve (neither “Federal”, nor, possessing ANY “Reserves”)”, have hijacked Obama’s chapter 11 restructure of GM and they are using Fannie and Freddie to mask their “Insolvency”:

    https://timhoward717.com/2016/04/12/truth-unleashed-governments-scheme-exposed-full-unsealeddocument-release-enclosed/

    The Criminal, English-based, Central Bankers have destroyed themselves (Google: “1200 Trillion Dollars and Derivatives”) and they are attempting to install a new puppet: whether Trump or Clinton…

    Clinton deregulated “Derivatives”; now there are 1200 Trillion (an impossible amount of money, 20 times the combined GDP, of every country on this planet), owed to these criminal “bets”. It is a deliberate attack (as those fedbucks are now worthless) against what the bankers would like the American Electorate to believe is, “American Currency”.

    IT IS NOT “AMERICAN CURRENCY”. WE THE PEOPLE DON’T OWE IT…

    THE CRIMINAL BANKS OWE IT!!!!

    The good news is: Article 1, Section 8, of the Constitution, makes zero allowance for a privately-owned and operated, Criminal, Foreign, Cartel to manipulate American Currency.

    Not only have they have concealed, for 100 years, they are an imposter, they are, just now, hijacking our electoral process to install a puppet; whether Clinton or Trump, in order to conceal 1200 Trillions owed to their multitude of criminal behaviors.

    The Obama Administration is allowing it.

    Repudiate and Jail the Bankers; renounce their phony “Fed” “Notes”.
    Repudiate the phony Bankers’ debts; replace those with pro-rated Greenbacks.
    Jail any politician or media representative that doesn’t, immediately, confess the intentionally-mislabeled “federal Reserve” is a FRAUD of epic proportions.

    It is simply “TREASON” to allow any other procedure to go forward.

    Every true Patriot should question why the Chinese Yuan is now a minority partner in the American financial system: the intentionally-mislabeled, “Federal Reserve, neither Federal, while privately-owned and operated”, nor, possessing ANY “Reserves- our currency is created, out-of-thin-air”!

    WHY?

    Why is the present FBI Director concealing the crimes of a Chinese-English-hybrid Bank????

    Why is the DOJ of Holder and now, Lynch, concealing the crimes of a Chinese-English-hybrid Bank????

    American soldiers died while American Politicians and American “Law Enforcement” were busy concealing a criminal laundry, robbing homes and pensions, in order to steal property rights, in order to launder terror and drug money.

    Don’t believe me? You don’t need trust me.

    Instead, read this analysis of the “Deferred Prosecution Agreement- DPA”, below, written by Federal Judge Gleeson:

    Case 1:12-cr-00763-JG Document 23 Filed 07/01/13

    Federal Judge Gleeson and now, Federal Judge Ann Donnelly are both aware, HSBC is in violation of the “Anti-Money Laundering Acts”, “The International, Emergency Economic Powers Act”, “The Bank Secrecy Act” and “The Trading with Enemies Act”.

    In fact, as part of the sanctions imposed by Judge Gleeson, Wells Fargo and HSBC are now forbidden the “Servicing” of any new “loans”.

    American Soldiers had their homes stripped in foreclosures, predicated upon, counterfeit titles, forgery and fraud, so American “Law Enforcement” and Corrupted American Politicians could curry favor with criminal banks owned by foreign cartels.

    American soldiers died, at the hands of these cartels.

    Every true Patriot should ponder why it is the English Pound has managed to survive, intact, while every other currency on the planet has been undermined, in service to British lies about a phony war in the Middle East.

    In fact, the British used the American CIA, in “Operation Ajax (1953)”, to remove a democratically-elected president (Mossadeq), of the Iranian People. He was promising to eject the British and return the Iranian oilfields to the Iranian People.

    The US then installed Shah Pahlavi, a degenerate murderer of the highest order; American Awareness of the “Islamic Revolution” was born.

    Prior to British and American LIES, the Iranians were promising a “Bourse” to sell their oil to countries using any money, other than the US Dollar.

    Enter the EURO.

    The phony war in Iraq conspired to destroy the Euro and the victims it has consumed while continuing to consume Libya and Syria, in its aftermath, scream at the top of their lungs for retribution…

    Hence a phony “War on Terror”.

    The bright and shiny, “Brexit Bauble”, demands further scrutiny and it will never suffice, beyond a distraction, until the Criminal, English-based, Central Banking Filth are stripped of their ability to manipulate the well-being of America’s Finances, our service women and men and American Citizens… to say nothing of every Citizen of every Nation the present, Criminal Cartel destroys, while masquerading as the United States.

    http://www.marketwatch.com/story/this-is-how-much-money-exists-in-the-entire-world-in-one-chart-2015-12-18

    ~ Michael Keane copyright 6/25 2016
    Please feel free to share on FB.

    https://livinglies.wordpress.com/2016/08/24/new-york-judge-orders-release-of-hidden-documents/#comment-451045

  3. Reblogged this on Deadly Clear and commented:
    If it’s true… Finally. Or maybe they have finally begun to realize their pensions and investments don’t exist.

  4. Any chance on getting this decision without having to subscribe to the New York Law Journal and have it reposted on the LivingLies Blog?

  5. So…after fighting for almost a decade, the Plaintiff’s counsel has gone dark during discovery. How long after filing a Motion to Compel, will it take to get the case dismissed, if they don’t answer?
    If the case is dismissed, can the Defendant get awarded attorney fees in the dismissal, or do we have to file a lawsuit to pursue the attorney fees from the Plaintiff(s)?

  6. …and repost it to LivingLies daily blog

  7. Any chance on getting this decision without having to subscribe to the New York Law Journal?

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