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The biggest unpunished heist in human history - Max Keiser

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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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07/12/19

Action Alert – Day of Hearings for MAAPL’s Bills on 7/16/19 MAAPL – The Massachusetts Alliance Against Predatory Lending

Action Alert – Day of Hearings for MAAPL’s Bills on 7/16/19
It’s Time to Make Your Voice Heard!!!
Testify in Support of MAAPL’s Anti-Foreclosure Bills
Tuesday, July 16?th
Massachusetts State House, Room A1
Beacon Hill, Boston

07/11/19

How do I Use Article 9 §203 UCC Requiring Value Be Paid for Debt? Living Lies

How do I Use Article 9 §203 UCC Requiring Value Be Paid for Debt?
Many of you have essentially asked the same question referring to Article 9 §203 UCC as adopted by the laws of your state. There is no known cause of action for breach of that statute although one might be conjured. It is an interesting suggestion.

07/10/19

THE CONNECTION BETWEEN A DEAD ROSS PEROT AND MERS … Cloudedtitlesblog.com

THE CONNECTION BETWEEN A DEAD ROSS PEROT AND MERS …
What did Perot, as a businessman, wrought for himself and for America? How did he get so filthy, stinking rich? He created Electronic Data Systems, Inc., which created the electronic database platform known as Mortgage Electronic Registration Systems, Inc. (“MERS”).

07/07/19

BOTH QUIET TITLE ACTIONS AND C&E ACTIONS ARE DECLARATORY RULINGS! UPDATE! Cloudedtitlesblog.com

BOTH QUIET TITLE ACTIONS AND C&E ACTIONS ARE DECLARATORY RULINGS! UPDATE!
One judgment appears to be a “cheap date”, while the other judgment isn’t. Which one is cheaper to prove? Why … the C&E of course!

07/06/19

In Philly, your house being ripped off isn’t always enough to get help from police and the DA Inquirer.com

In Philly, your house being ripped off isn’t always enough to get help from police and the DA
Earlier this year, Philadelphia District Attorney Larry Krasner mocked his predecessor for taking a lackadaisical approach to housing theft — the growing problem of grifters forging deeds and posing as heirs to steal properties. He said he was different.

07/04/19

R.I.P. SUSAN RICHARDSON Joel Sucher

R.I.P. SUSAN RICHARDSON
No further words needed… She finally succumbed to the big “C” but never relented in her struggle with Bank of America. Susan’s fighting spirit — and her grace — will be her legacy; something Bank of America will never take away from her.

07/03/19

Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering Living Lies

Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering
The Lesson here is that the denial of modification presents and important opportunity to challenge the

07/02/19

NOTE TO INVESTORS: WHAT THE GREEN EMERALD CASE HAS TAUGHT US Clouded Titles Blog

NOTE TO INVESTORS: WHAT THE GREEN EMERALD CASE HAS TAUGHT US
For some reason, this case was seared into my conscience. I’ve seen a lot of investor cases, but this one … this one really spells it out for investors and third parties

07/01/19

Why Standing is Important Living Lies

Why Standing is Important
It’s easy to get lost in the weeds. Lots of people bring up the issue of standing without realizing that they are invoking constitutional rights and required processes.

06/27/19

JPMorgan Chase: The key to preventing borrowers from defaulting on their mortgages is not what you think Housing Wire

JPMorgan Chase: The key to preventing borrowers from defaulting on their mortgages is not what you think
For years, the conventional wisdom in mortgage lending has been borrowers with more financial skin in the game are less likely to default on their mortgages.

06/26/19

Maui County Officials Consider Recruiting Miami Litigator Bruce Jacobs in Affordable Housing Fight Law.com

Maui County Officials Consider Recruiting Miami Litigator Bruce Jacobs in Affordable Housing Fight
The foreclosure defense attorney’s advocacy efforts have been noticed in communities facing housing issues similar to South Florida's.

06/25/19

McDonough v Smith: High Court Open Door on Fabrication of Evidence Living Lies

McDonough v Smith: High Court Open Door on Fabrication of Evidence
This decision is extremely important for 2 reasons.

06/24/19

Expert: Quick closings sound great for consumers, but are they really? Housing Wire

Expert: Quick closings sound great for consumers, but are they really?
A 10-minute closing may sound like it’s great for the borrower, but one expert questions if the consumer would really benefit from faster closings.

06/24/19

Great Article on Discovery Living Lies

Great Article on Discovery
While I have often expressed my opinions regarding how to conduct discovery, the article written by Donna Welch, Esq., and Kaitlin L. Coverstone of Kirkland and Ellis LP in Chicago Illinois presents a clearer and more concise blueprint for planning and executing discovery.

06/23/19

New Case Update: Owner of Property May Defend Foreclosure, Even If Not on Mortgage Torrens Law Group

New Case Update: Owner of Property May Defend Foreclosure, Even If Not on Mortgage
The Second District Court of Appeal recently stepped in on a very important question: whether an owner of a property who is not on the mortgage, but acquired ownership of the property before the foreclosure suit, may challenge the bank's foreclosure case.

06/23/19

3 Foreclosures Defeated in 3 Weeks! Torrens Law Group

3 Foreclosures Defeated in 3 Weeks!
Over the last three weeks, we have had three different foreclosure cases that were set for trial in which the bank has agreed to voluntarily dismiss the foreclosure actions.

06/22/19

Supreme Court Overturns Precedent In Property Rights Case — A Sign Of Things To Come? NPR

Supreme Court Overturns Precedent In Property Rights Case — A Sign Of Things To Come?
A sharply divided U.S. Supreme Court ruled Friday that property owners can go directly to federal court with claims that state and local regulations effectively deprive landowners of the use of their property.

06/22/19

Conservative SCOTUS Decades Old Overturns Property Rights Injustice Conservative Daily Post

Conservative SCOTUS Decades Old Overturns Property Rights Injustice
Previously, people who had their property seized by the government couldn’t fight back, but now, that injustice has been removed.

06/22/19

Knicht v Township of Scott, Pennsylvania Scott Stafne

Knicht v Township of Scott, Pennsylvania
U.S. Supreme Court overrules previous precedent and holds a government violates the Takings Clause of the Fifth Amendment when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under §1983 at that time.

06/21/19

A green and just transition requires democratized public banks – Costa Rica style Opendemocracy.net

A green and just transition requires democratized public banks – Costa Rica style
Public banks have far greater financial capacity than we think. We need to harness it for the good of people and planet

06/21/19

Tough Love: Stop Attacking Judges as Stupid or Corrupt. Living Lies

Tough Love: Stop Attacking Judges as Stupid or Corrupt.
Without naming names, I recently responded to an email insisting that I take judges to task for “bad rulings.”

06/19/19

At Wells Fargo, a tone-deaf response to shattered lives Charlotteobserver.com

At Wells Fargo, a tone-deaf response to shattered lives
The next time you see a commercial declaring a new era at Wells Fargo, or the next time you hear a Wells executive touting a new culture, remember Stan and Melissa West.

06/19/19

Sanction Awards to Miami Attorney Bruce Jacobs Could Help City Establish Affordable Housing Fund Law.com

Sanction Awards to Miami Attorney Bruce Jacobs Could Help City Establish Affordable Housing Fund
City of Miami officials have partnered with one of Miami’s most outspoken foreclosure defense litigators to establish a novel method of adding affordable housing to the city.

06/19/19

Help! I need somebody! How to convince an attorney to take your foreclosure case Living Lies

Help! I need somebody! How to convince an attorney to take your foreclosure case
We are inundated with requests for help. We will try to get to each request in timely fashion but in the meantime perhaps this post will be of some assistance

06/18/19

Supreme Court Gives Consumers a Rare Win Jakelegal.com

Supreme Court Gives Consumers a Rare Win
It is not often lately that there is news of the United States Supreme Court making a decision that is in favor of consumers. Recently, however, the court did just that, putting limits on big business’ and banks’ ability to try to make class action cases more difficult for consumers.

06/18/19

Great Article Summarizing Securitization Risks Living Lies

Great Article Summarizing Securitization Risks
This was originally hailed as a brilliant financial innovation as US Fed chair Alan Greenspan believed that CDOs transferred risk from banks to investors

06/18/19

Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills Living Lies

Illinois Court of Appeals Cracks Code of Silence on Who Pays Foreclosure Mills
The wording of the decision strongly suggests that whether the claimant is US Bank, Deutsch or BONY Mellon et al, the third party who is

06/18/19

Wells Fargo mistakes cost people their homes. It was just the start of their problems Charlotteobserver.com

Wells Fargo mistakes cost people their homes. It was just the start of their problems
About nine years ago, a Burlington woman begged Wells Fargo to keep working with her to lower her mortgage payments. She had just lost her job, and the single mom was struggling to pay for the house she shared with her three kids.

06/17/19

Quicken Loans agrees to $32.5 million settlement in federal mortgage fraud lawsuit Cleveland.com

Quicken Loans agrees to $32.5 million settlement in federal mortgage fraud lawsuit
CLEVELAND, Ohio — Quicken Loans has agreed to pay $32.5 million to settle a years-old lawsuit in which the Justice Department accused the lending company of mortgage fraud.

06/17/19

I Have a Plan Too. Statutory Changes Governing Loans and Foreclosures. Living Lies

I Have a Plan Too. Statutory Changes Governing Loans and Foreclosures.
I recently received an email from a contributing reader who was complaining that judges are to blame for the foreclosure mess. Correction. While judges might share some blame,

06/14/19

UPDATE: DITECH BANKRUPTCY INFORMATION Cloudedtitlesblog.com

UPDATE: DITECH BANKRUPTCY INFORMATION
Here’s the latest posting on Ditech’s bankruptcy action (for those who are affected):

06/14/19

BANKS GET SCREWED TOO BY NOT FOLLOWING PROCEDURE! Cloudedtitlesblog.com

BANKS GET SCREWED TOO BY NOT FOLLOWING PROCEDURE!
Was it really clerical error or weren’t the attorneys for the bank paying attention to detail?

06/14/19

The Truth about US Bank Living Lies

The Truth about US Bank
Lawyers and pro se litigants continue to ignore the basics when mounting a challenge to foreclosures in which US Bank is asserted to be

06/12/19

No the Mortgages Are Not Securities, But the “Certificates” Do Not Qualify for Exemption As “Mortgaged Backed” Living Lies

No the Mortgages Are Not Securities, But the “Certificates” Do Not Qualify for Exemption As “Mortgaged Backed”
For those straining to find a way to categorize mortgage loans as securities I offer this based upon my licensing, training and experience as a

06/11/19

Veira v PennyMac and JPM Chase 4th DCA Finds What Everyone has Known all along — that PennyMac never has standing and Chase, most of the time, doesn’t have standing Living Lies

Veira v PennyMac and JPM Chase 4th DCA Finds What Everyone has Known all along — that PennyMac never has standing and Chase, most of the time, doesn’t have standing
Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham.

06/11/19

Veira v PennyMac and JPM Chase 4th DCA Finds What Everyone has Known all along — that PennyMac never has standing and Chase, most of the time, doesn’t have standing Living Lies

Veira v PennyMac and JPM Chase 4th DCA Finds What Everyone has Known all along — that PennyMac never has standing and Chase, most of the time, doesn’t have standing
Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham.

06/10/19

Ocwen all but drops Ocwen name, will operate as PHH Mortgage and Liberty Home Equity Solutions Housing Wire

Ocwen all but drops Ocwen name, will operate as PHH Mortgage and Liberty Home Equity Solutions
Ocwen Financial announced Monday that it has hit two milestones enabling the company to officially service loans through its two primary brands:

06/10/19

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 2) Cloudedtitlesblog.com

THE C&E, ASSIGNMENTS … AND YOUR RIGHT TO CHALLENGE THEM (PART 2) …
In part 1 of this blog post, we talked about how homeowners were duped by table-funded mortgage brokers and DBA’s (fictitious entities) who claimed they were New York corporations when in fact, they were

06/10/19

Not all courts are ignoring the law. Some are ruling for homeowners based upon basic premises contained in my articles Living Lies

Not all courts are ignoring the law. Some are ruling for homeowners based upon basic premises contained in my articles
Total hat tip to Bill Paatalo There are two takeaways of major significance here.

06/07/19

Finding a Lawyer to Win Foreclosure Cases Living Lies

Finding a Lawyer to Win Foreclosure Cases
No lawyer is an expert in everything. Every case is a learning experience for the lawyer. That includes me despite my extensive background in law and finance.

06/05/19

Right in Front of Our Eyes: Black Knight and U.S. Bank Living Lies

Right in Front of Our Eyes: Black Knight and U.S. Bank
Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had

06/03/19

How the loan was sold multiple times. Living Lies

How the loan was sold multiple times.
THE CLAIM FOR HOMEOWNER ROYALTIES It is like any hedge contract. The buyer of the hedge contract is the investment bank, sometimes working through sham conduits.

06/03/19

FHFA merges GSE issuance to common security in bid to cut housing costs for millions Housing Wire

FHFA merges GSE issuance to common security in bid to cut housing costs for millions
As of Monday, Freddie Mac and Fannie Mae mortgage-backed securities will be issued under a common security – the Uniform MBS – in a move some have called the biggest change to the MBS in a generation.

06/03/19

REITs eye opportunities in the mortgage market as government pulls back Housing Wire

REITs eye opportunities in the mortgage market as government pulls back
Real estate investment trusts have not typically been huge participants in the housing finance market, but it seems the tide is quickly turning.

06/03/19

Fannie Mae and Freddie Mac Launch UMBS DSnews

Fannie Mae and Freddie Mac Launch UMBS
On Monday, Fannie Mae and Freddie Mac marked the completion of their Single Security Initiative with the launch of the Uniform Mortgage-Backed Security (UMBS).

05/29/19

CFPB settles with BSI Financial Services over numerous mortgage servicing issues Housing Wire

CFPB settles with BSI Financial Services over numerous mortgage servicing issues
CFPB accused BSI of improperly handling mortgage servicing transfers

05/29/19

BSI Financial Consent Order and Stipulation CFPB

BSI Financial Consent Order and Stipulation
UNITED STATES OF AMERICA BUREAU OF CONSUMER FINANCIAL PROTECTION ADMINISTRATIVE PROCEEDING File No. 2019-BCFP-0006 In the Matter of: CONSENT ORDER SERVIS ONE, INC., d/b/a BSI FINANCIAL SERVICES

05/29/19

A real estate fortune built on a foundation of forged deeds and tangled titles Philly.com

A real estate fortune built on a foundation of forged deeds and tangled titles
For years, Orin Clybourn has been a notable success story among the army of entrepreneurs who scout Philadelphia for rundown properties to buy and “flip” for big bucks. He has quietly made more than $1 million this way. The circumstances behind his purchases have been unusual.

05/29/19

How to argue the “allonge” Living Lies

How to argue the “allonge”
Allonge. Additional paper firmly attached to Commercial Paper, such as a promissory note, to provide room to write endorsements.

05/28/19

Public Banks Are a Safer Alternative to Wall Street Medium.com

Public Banks Are a Safer Alternative to Wall Street
“It is hopeless to seek a better way, turn back” is the tired old refrain of the Wall Street lobby and their reliable allies who oppose even the exploration of public banking by California cities and counties.

05/28/19

First American left millions of real estate records exposed Housing Wire

First American left millions of real estate records exposed
Data included bank account details, mortgage information, tax records and phone numbers

05/28/19

My Final Word On Quiet Title Strategies Living Lies

My Final Word On Quiet Title Strategies
Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens,

05/24/19

How to Distinguish the Promissory Note from the Debt in a Loan Transaction Living Lies

How to Distinguish the Promissory Note from the Debt in a Loan Transaction
It seems nothing gets a judge angrier than being challenged on the court’s misconception of law. In 42 years of trial experience my conclusion is

05/23/19

Bank bailouts propped up the financial system. But we should never repeat them. Washington Post

Bank bailouts propped up the financial system. But we should never repeat them.
A decade after the massive government bailouts for Wall Street, some of the financial intelligentsia in New York and Washington no longer seem to view them as a bad thing.

05/21/19

Did Ben Carson just mistake an REO for an Oreo? National Mortgage News

Did Ben Carson just mistake an REO for an Oreo?
WASHINGTON — Secretary of Housing and Urban Development Ben Carson appeared to be unaware of a basic housing term during a hearing Tuesday, confusing "real estate owned," or REO, with an Oreo cookie.

05/21/19

$65,000 Judgment Against U.S. Bank! Torrens Law Group

$65,000 Judgment Against U.S. Bank!
After we won a foreclosure case at trial, U.S. Bank challenged my client's right to recover her attorney's fees incurred defending herself against U.S. Bank. We defeated U.S. Bank at trial

05/21/19

Pump and Dump: When “Lenders” Have No Risk of Loss They Spend Millions Selling Defective Loan Products and Blame Borrowers Living Lies

Pump and Dump: When “Lenders” Have No Risk of Loss They Spend Millions Selling Defective Loan Products and Blame Borrowers
It’s easy to blame borrowers for loans that are in “default.” The American consensus is based upon “personal responsibility”; so when a loan fails the borrower simply failed. But this does not take into account

05/17/19

How Digitizing the Mortgage Process is Further Enabling Massive Fraud and Windfalls for the Banks Living Lies

How Digitizing the Mortgage Process is Further Enabling Massive Fraud and Windfalls for the Banks
Banks should be intermediaries, not the principals in a transaction. If you write a check your bank is not buying the TV. Original documentation and actual facts clears everything up. But what happens if original documentation disappears like it did in the mortgage meltdown?

05/14/19

New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State Stopforeclosurefraud.com

New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State
Consumer Financial Services LAW MONITOR- On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act.

05/14/19

The Big Hoax: Are “Sales” of “Loans” and “Servicing” Real? Living Lies

The Big Hoax: Are “Sales” of “Loans” and “Servicing” Real?
References to sales of loans and servicing rights are usually merely false assertions to distract homeowners and lawyers from looking at what is really happened. By accepting the premise that the loan was sold you are accepting that the loan was (a) real and (b) owned by the party who was designated to appear as a “Seller.”

05/13/19

What is the difference between the note and the debt? What difference does it make? Living Lies

What is the difference between the note and the debt? What difference does it make?
NOTE: This case reads like law review article. It is well worth reading and studying, piece by piece.

05/11/19

The Bank MUST Have Proof It Mailed Default Letter to You Torrens Law Group

The Bank MUST Have Proof It Mailed Default Letter to You

The Bank MUST Have Proof It Mailed Default Letter to You
Most conventional mortgages have a particular paragraph that has been the subject of a great deal of litigation in foreclosure cases: the infamous Paragraph 22.

05/10/19

Former Countrywide CEO Angelo Mozilo says the financial crisis wasn’t his fault: ‘We did what we felt was right’ CNBC

Former Countrywide CEO Angelo Mozilo says the financial crisis wasn’t his fault: ‘We did what we felt was right’
Subprime loans were just a small part of the problem, he adds. But most historical accounts differ: Loans to unqualified buyers are generally seen as the flame that lit the financial crisis’s fuse.

05/08/19

How to Write an Appeal Without Looking Silly Living Lies

How to Write an Appeal Without Looking Silly
Besides strict compliance with all appellate rules, lawyers must be in strict compliance with common sense.

05/07/19

Foreclosure Defense Revisited Living Lies

Foreclosure Defense Revisited
Originally published in October, 2008 this is a revised version of an article that correctly articulated the main weak points in the cases being presented for enforcement of mortgages and deeds of trust. Back then

05/07/19

Freddie Mac is "Reimagining" Servicing to Benefit the Customer Mortgage News Daily

Freddie Mac is "Reimagining" Servicing to Benefit the Customer
Freddie Mac is undertaking a new initiative designed to align the servicing process to a more customer service focus, especially for distressed homeowners.

05/07/19

VA mortgage lenders hit with federal subpoenas Politico

VA mortgage lenders hit with federal subpoenas
Federal investigators have issued subpoenas to several mortgage lenders that make loans to military veterans, seeking information on delinquencies and payments.

05/07/19

Republicans move to abolish CFPB Housing Wire

Republicans move to abolish CFPB
If a handful of Republicans in the Senate have their way, the Consumer Financial Protection Bureau will not exist for much longer, as for at least the third time in the last few years, Republicans are trying to kill the CFPB.

05/07/19

How About Leaving Fannie Mae and Freddie Mac Alone? Bloomberg

How About Leaving Fannie Mae and Freddie Mac Alone?
People in Congress and the Trump administration keep repeating — lately with added emphasis — that something must be done about Fannie Mae and Freddie Mac, the giant mortgage banks that have been wards of the state ever since their failure in the 2008 financial crisis.

05/06/19

Two Foreclosures, One Property, One Owner, Both Claiming Possession of the Original Note, Neither Claiming Ownership of the Debt Living Lies

Two Foreclosures, One Property, One Owner, Both Claiming Possession of the Original Note, Neither Claiming Ownership of the Debt
Originally posted in November, 2008 this illustrates what happens when you destroy notes and then “recreate” them for purposes of claiming you have the original in court.

05/05/19

You're on the deed, but not on the mortgage! Can you fight the foreclosure? Torrens Law Group

You're on the deed, but not on the mortgage! Can you fight the foreclosure?
Sometimes we represent folks who are on the deed to a property, but they are not on the mortgage. Often this is because they purchased the property at a homeowners association foreclosure auction, and now the first mortgage company is coming through with its foreclosure.

05/03/19

Why Accounting Firms and Investment Bankers Should Be Sued Living Lies

Why Accounting Firms and Investment Bankers Should Be Sued
Originally posted in September 2008, here is my update of issues that lawyers, regulators, judges and even borrowers have still not quite absorbed:

05/02/19

Consumer Financial Protection Bureau Files Suit Against Lexington Law, PGX Holdings, and Related Entities CFPB

Consumer Financial Protection Bureau Files Suit Against Lexington Law, PGX Holdings, and Related Entities
WASHINGTON, D.C. – The Consumer Financial Protection Bureau (Bureau) today filed a complaint against PGX Holdings Inc. and subsidiaries Progrexion Marketing Inc., Progrexion Teleservices Inc., eFolks LLC, and CreditRepair.com Inc.; and against John C. Heath, Attorney at Law PLLC, which does business as Lexington Law.

05/01/19

MERS owner, Intercontinental Exchange, is buying Simplifile for $335 million Housing Wire

MERS owner, Intercontinental Exchange, is buying Simplifile for $335 million
ICE is the parent company of the New York Stock Exchange and is also a provider of data and listings services, and the company bought MERS last year. And now, ICE is buying Simplifile, which operates one of the largest networks connecting the agents and jurisdictions that underpin residential mortgage records

05/01/19

Tell Us What You Know About the Consumer Financial Protection Bureau. We’re Investigating. ProPublica

Tell Us What You Know About the Consumer Financial Protection Bureau. We’re Investigating.
The Consumer Financial Protection Bureau was created by Congress in the aftermath of the financial crisis to police companies and protect people from unfair, deceptive or abusive practices. Since the start of the Trump administration,

05/01/19

Banks Switching Tactics As “REMIC” Deficiencies Are Revealed Living Lies

Banks Switching Tactics As “REMIC” Deficiencies Are Revealed
First the investment banks told the servicers to initiate foreclosure which they were more than happy to do since they were being paid ridiculous sums of money to do whatever they were told to do.

04/26/19

Foreclosed homes affect families, neighborhoods, senator says. We have a plan to manage the crisis. NJ.com

Foreclosed homes affect families, neighborhoods, senator says. We have a plan to manage the crisis.
While New Jersey still outpaces the rest of the nation in foreclosure activity, there's been a sizeable drop in the number of foreclosed homes since the recession. Still, there were 18,801 foreclosures begun last year.

04/25/19

Morgan Stanley to pay $150 million for pushing toxic mortgage bonds on California's teachers and public employees Housing Wire

Morgan Stanley to pay $150 million for pushing toxic mortgage bonds on California's teachers and public employees
Morgan Stanley has agreed to a $150 million settlement to resolve claims that it misrepresented the poor-quality of pre-crisis mortgage bonds and cost California teachers and public employees

04/25/19

Second Judge rules Wells Fargo must submit to discovery related to computer “glitch” that led to unjust foreclosures Dann Law

Second Judge rules Wells Fargo must submit to discovery related to computer “glitch” that led to unjust foreclosures
Judges in Ohio and New York believe a credible cause of action against Wells exists CLEVELAND, OHIO, UNITED STATES, April 25, 2019 /EINPresswire.com/ -- DannLaw attorneys seeking to hold

04/25/19

How to read responses from the alleged “Servicer” Living Lies

How to read responses from the alleged “Servicer”
The human mind fills in voids wherever they occur. The mind fills it in with data that normally occurs between one data point and another. So when we read a response from “the servicer” our minds

04/24/19

Applying Common Sense and Law to Assignments of Mortgage Living Lies

Applying Common Sense and Law to Assignments of Mortgaget
Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right?

04/23/19

Does Sending an FDCPA Validation Request Stop Foreclosure? Yes, Says One Court Culik Law

Does Sending an FDCPA Validation Request Stop Foreclosure? Yes, Says One Court
Many debt collectors are engaged in foreclosure. And under the Fair Debt Collection Practices Act, debt collectors are required to stop collecting when a consumer sends a request for verification or validation of the debt.

04/23/19

U.S. Bank, N.A. “as Trustee” Facing Sanctions In Miami Living Lies

U.S. Bank, N.A. “as Trustee” Facing Sanctions In Miami
“It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing and think they are above the law like this.” – Bruce Jacobs, Miami Foreclosure Defense Lawyer

04/20/19

I’ve Seen Goldman Sachs From the Inside. We Need Public Banks. Truthout.org

I’ve Seen Goldman Sachs From the Inside. We Need Public Banks.
or far too long, Wall Street has wreaked havoc on people’s personal financial stability and our economy as a whole. I should know. As a managing director at Goldman Sachs

04/19/19

Maxine Waters and Elizabeth Warren Propose Plans to Stop “Crime Spree” of Banks Living Lies

Maxine Waters and Elizabeth Warren Propose Plans to Stop “Crime Spree” of Banks
On my way out the door for the weekend, but wanted to post this. It’s validation of what we all know. But it also puts a plan on the table to stop the continuing damage and heal some of the damage caused by the banks.

04/19/19

9th Circuit Inches Toward Decision of “America’s Wholesale Lender” Living Lies

9th Circuit Inches Toward Decision of “America’s Wholesale Lender”
The issue is jurisdiction. Lawyers filed papers for AWL but AWL was dissolved as a corporation. The lawyers countered with the allegation, on appeal, that AWL was a fictitious name for Countrywide without specifying the location of CW.

04/18/19

A New Plan to Make Wall Street Pay for Creating the Foreclosure Crisis Post News Group

A New Plan to Make Wall Street Pay for Creating the Foreclosure Crisis
Last week, as Rep. Maxine Waters, D-Calif., convened a House Financial Services Committee hearing, featuring the CEOs of Wall Street’s biggest banks, the financial watchdog group Better Markets released a stunning report

04/18/19

Wells Fargo accused of misleading homeowners in mortgage crisis aftermath NY Post

Wells Fargo accused of misleading homeowners in mortgage crisis aftermath
Wells Fargo is being accused of misleading homeowners who were seeking to lower their home payments in the aftermath of the mortgage crisis.

04/18/19

C&E Strategy is the beginning of a successful attack on the claimed enforcement of a mortgage or deed of trust. Living Lies

C&E Strategy is the beginning of a successful attack on the claimed enforcement of a mortgage or deed of trust.
Attacks on technical deficiencies of assignments of mortgage is a great place to start, but it is not the finish line.

04/17/19

DiTech: The Pretense Continues Living Lies

DiTech: The Pretense Continues
DiTech was not a lender. It was a sales agent or loan broker. Nonetheless a new agreement has been executed in which major creditors of DiTech are resurrecting the illusion

04/16/19

Deutsche Bank: Here’s What Maxine Waters Should Be Subpoenaing Wallstreetonparade.com

Deutsche Bank: Here’s What Maxine Waters Should Be Subpoenaing
According to today’s New York Times, Democrats now in charge of the House Intelligence and Financial Services Committees, have issued subpoenas to Deutsche Bank, JPMorgan Chase, Bank of America and Citigroup, related to the President’s finances and/or Russian money laundering.

04/16/19

Fannie Mae Explains Securitization and Distribution of Ownership of Debt Living Lies

Fannie Mae Explains Securitization and Distribution of Ownership of Debt
As a quasi government agency Fannie Mae is forced to be forthcoming about its role in lending. But the wording of disclosures mostly come from Wall Street investment banks.

04/13/19

DEFEATING DIVERSITY IN FORECLOSURE ACTIONS Clouded Titles Blog

DEFEATING DIVERSITY IN FORECLOSURE ACTIONS
Even in its most liberal stature, the U.S. 9th Circuit Court of Appeals has again, redefined and re-explained that REMIC trusts can end up costing you lots of money in litigation,

04/12/19

Research Study on Ongoing Crime Spree by Wall Street Mega Banks Gets News Blackout: Here’s Why Wallstreetonparade.com

Research Study on Ongoing Crime Spree by Wall Street Mega Banks Gets News Blackout: Here’s Why
One day before Democrats on the House Financial Services Committee held an historic grilling of the CEOs of the mega banks on Wall Street, the nonprofit watchdog, Better Markets, released an in-depth research report

04/12/19

General Electric agrees to pay $1.5B civil penalty over subprime mortgages The Blaze

General Electric agrees to pay $1.5B civil penalty over subprime mortgages
General Electric has agreed to pay a $1.5 billion settlement for accounting violations related to a now-defunct business that handled subprime mortgages.

04/11/19

Cal. 3d DCA: WRONGFUL FORECLOSURE — You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale. Living Lies

Cal. 3d DCA: WRONGFUL FORECLOSURE — You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale.
This decision “Not for publication” takes one more step toward unravelling the false claims of securitization that resulted in millions of fake foreclosures over at least 15 years

04/10/19

Florida Bankers Association Admission to Florida Supreme Court: “Original Notes Were Eliminated” Living Lies

Florida Bankers Association Admission to Florida Supreme Court: “Original Notes Were Eliminated”
Courtesy of Bill Paatalo, I have located the stark 2009 admission by the Florida Bankers Association that original notes were destroyed contemporaneously with the loan closing.

04/10/19

Bill seeks to hold judges accountable Lowell Sun

Bill seeks to hold judges accountable
BOSTON — Judges in Massachusetts might soon be in for a surprise, as a local legislator is pushing the state to start checking in with them every seven years.

04/09/19

Stop Feeling Guilty — Be A Warrior Living Lies

Stop Feeling Guilty — Be A Warrior
Shame is the reason why most borrowers don’t contest foreclosures. That shame turns to intense anger when they realize that they were used, screwed, abused and now they are

04/09/19

MA Attorney General Secures $2 Million From National Mortgage Servicer Over Unfair And Unaffordable Loan Modifications Mortgageledger.com

MA Attorney General Secures $2 Million From National Mortgage Servicer Over Unfair And Unaffordable Loan Modifications
A national mortgage servicing company will pay $2 million and undertake affordable loan modifications for affected Massachusetts homeowners, Attorney General Maura Healey announced today. The settlement resolves allegations that Caliber Homes Loans Inc. (Caliber) failed to help borrowers avoid foreclosure and instead gave homeowners unaffordable loan modifications with ballooning monthly payments they could not afford.

04/08/19

Steve Eisman and FrontPoint Were Shorting Wall Street Banks While the Dumb Fed Was Giving FrontPoint Emergency Loans – and that’s not the Worst Part of this Story Wallstreetonparade.com

Steve Eisman and FrontPoint Were Shorting Wall Street Banks While the Dumb Fed Was Giving FrontPoint Emergency Loans – and that’s not the Worst Part of this Story
Steve Eisman is one of the central characters in the Michael Lewis bestselling book, The Big Short. In the movie of the same name,

04/08/19

CERTO v. BANK OF NEW YORK MELLON Stopforeclosurefraud.com

CERTO v. BANK OF NEW YORK MELLON
FL 1st DCA – An agreement to which Mellon is not a party does not evidence a transfer of the Note to Mellon. Thus, the documents Mellon introduced below and that it cites on appeal do not evidence its purchase of the debt or an effective transfer or valid assignment to it.

04/05/19

Miami-Dade Judge Rules Retroactive Provision in Florida's Foreclosure Law is Unconstitutional Daily Business Review - Law.com

Miami-Dade Judge Rules Retroactive Provision in Florida's Foreclosure Law is Unconstitutional
Judge David Miller's wrote that the specific application of the Florida Fair Foreclosure Act—a 2013 law created in response to the housing crisis— to a case before him was at odds with the Florida Constitution.

04/05/19

Discovery from REMIC Rules Living Lies

Discovery from REMIC Rules
I have added to my templates for discovery questions and requests relating to a claimant that is named “XYZ Bank, N.A. as trustee for the ABCDE Corp. Trust Series 12345-4321A Certificates” and where, as in most cases,

04/04/19

You Elected Them To Write New Laws Theyre Letting Corporations Do It Instead Publicintegrity.org

You Elected Them To Write New Laws Theyre Letting Corporations Do It Instead
Each year, state lawmakers across the U.S. introduce thousands of bills dreamed up and written by corporations, industry groups and think tanks. Disguised as the work of lawmakers, these so-called “model” bills

04/04/19

San Francisco Chronicle: California can’t divert mortgage relief funds to pay off state debt Housing Wire

San Francisco Chronicle: California can’t divert mortgage relief funds to pay off state debt
In a former job, Neil Barofsky’s title was SIGTARP – the Special Inspector General overseeing the Troubled Assets Relief Program. He was one of the

04/03/19

UCC: The Internet is no substitute for law school Living Lies

UCC: The Internet is no substitute for law school
he way that borrowers lose cases is by picking out one thing from a case or statute and treating it as a magic bullet. If the law were that simple a computer would be deciding all cases.

04/02/19

Common Sense Prevails: SCOTUS Broadens Primary Liability for Fraudulent Schemes Living Lies

Common Sense Prevails: SCOTUS Broadens Primary Liability for Fraudulent Schemes
For quite some time, the courts have struggled with the concept of primary liability for a lying liar and secondary liability for a liar who passes on the lie knowing that it was a lie. Scotus, in the Lorenzo decision has now said that is a distinction without a difference.

04/01/19

Begging to Lose Money? Think About It! Living Lies

Begging to Lose Money? Think About It!
There are two morals to this story. First always use a legal and financial adviser if you are about to make the largest investment of your life. Second, there is no such thing as boilerplate or standard clauses.

04/01/19

After a Decade of Cheap Money, the Federal Reserve Still Has No Exit Strategy Foundation For Economic Educaton

After a Decade of Cheap Money, the Federal Reserve Still Has No Exit Strategy
Everything the Federal Reserve did to cause the housing crash was done on a much larger scale, not just in 2008, but in every year since.

04/01/19

MMT Scholars’ Predictive and Policy Successes – Part A Neweconomicperspectives.org

MMT Scholars’ Predictive and Policy Successes – Part A
By William K. Black March 31, 2019 Bloomington, MN Introduction The second article in this series deals with Modern Monetary Theory’s (MMT) predictive and policy successes. The article has three, separately published, parts.

04/01/19

Why Homeowners Should Win Foreclosures: It’s the Moral Thing to Do. Living Lies

Why Homeowners Should Win Foreclosures: It’s the Moral Thing to Do.
The reason why thousands of cases have been confidentially settled with satisfactions of mortgages, payment of attorney’s fees and damages is that the banks are willing to pay anything necessary to preserve the tree (certificates) and the branches (derivatives) and the leaves (minibonds and contracts like credit default swaps). The risk to the investment bank is enormous if the tree falls.

03/29/19

Sherry Hernandez: Still Trying To Get Caught in the Revolving Door. Medium.com

Sherry Hernandez: Still Trying To Get Caught in the Revolving Door.
When I last left Sherry?—?a very unhappy California homeowner?—?she had just been arrested in Washington DC; literally, while trying to block the entrance to the vaunted white shoe law firm,

03/29/19

If you think foreclosures are a thing of the past, think again Living Lies

If you think foreclosures are a thing of the past, think again
In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments.

03/29/19

Ocwen settles with Massachusetts over alleged "widespread" mortgage servicing issues Housing Wire

Ocwen settles with Massachusetts over alleged "widespread" mortgage servicing issues
Ocwen Financial will provide $2 million in restitution to mortgage borrowers in the state of Massachusetts as part of settlement with the state over alleged “widespread” mortgage servicing problems.

03/28/19

No Surprise: Ambitious Plan to "Fix" Entire Housing Market Met With Mixed Reaction Mortgage News Daily

No Surprise: Ambitious Plan to "Fix" Entire Housing Market Met With Mixed Reaction
Does the entire housing market need fixing? Senator Mike Crapo thinks so, and he has a gargantuan reform proposal on the table to prove it

03/28/19

Wells Fargo CEO Quits In Wake Of Consumer Financial Scandals NPR

Wells Fargo CEO Quits In Wake Of Consumer Financial Scandals
Wells Fargo CEO Tim Sloan will step down immediately, the company announced Thursday. "It has become apparent to me that our ability to successfully move Wells Fargo forward from here will benefit from a new CEO and fresh perspectives,"

03/28/19

Bloomberg: Mortgage servicing needs fixing, and here's what should be done Housing Wire

Bloomberg: Mortgage servicing needs fixing, and here's what should be done
Mortgage servicers are “unsung professionals” who play a crucial role in the U.S. economy, Bloomberg says, but they’re not doing their jobs well. But to be fair, it’s not all their fault.

03/28/19

Enforcement of Note vs. Enforcement of Mortgage Living Lies

Enforcement of Note vs. Enforcement of Mortgage
While the two are often conflated there is a distinct difference between them. In an action to enforce the note it is often presumed that the note is being enforced to pay the debt to a creditor who might not even be identified

03/27/19

“Lost notes” and the Sudden Appearance of “Original Notes.” Living Lies

“Lost notes” and the Sudden Appearance of “Original Notes.”
Think of it this way: If someone wrote you a check for $100, which would you do? (1) make a digital copy of the check and then shred it or (2) take it to the bank? Starting with the era in which banks made what is abundantly clear as false claims of securitization the banks all chose option #1.

03/26/19

Why Regulation is Failing the Mortgage Market Living Lies

Why Regulation is Failing the Mortgage Market
A new report from the Federal Reserve Board identifies the central issues confronting regulators — issues that regulators have avoided assiduously. The bottom line is that the FED

03/26/19

Do “Custodians”Really Hold “Original Notes?” BP Investigative Agency

Do “Custodians”Really Hold “Original Notes?”
The following is an example of a typical case where the servicer for “XYZ Trust” attests or certifies that the Plaintiff trust is in possession of the “original note” at the commencement of the foreclosure action. These certifications rarely, if ever, come from the actual

03/22/19

Wells Fargo Bank and the Glass-Steagall Act Verdict from Justia

Wells Fargo Bank and the Glass-Steagall Act
The issues plaguing Wells Fargo and other banks bring to the fore the Glass-Steagall Act, which does not rest in peace. Its lessons surface and rise continuously; they are hard to ignore.

03/22/19

World’s biggest banks accused of price-fixing Fannie Mae, Freddie Mac bonds Housing Wire

World’s biggest banks accused of price-fixing Fannie Mae, Freddie Mac bonds
More than a dozen of the world’s largest financial institutions conspired to fix the prices on more than $485 billion in bonds issued by Fannie Mae and Freddie Mac over a five-year period, according to a new blockbuster lawsuit.

03/22/19

Former CoreLogic exec named general counsel at Fannie Mae Housing Wire

Former CoreLogic exec named general counsel at Fannie Mae
Fannie Mae has brought on former CoreLogic exec Stergios “Terry” Theologides to serve as EVP, general counsel and corporate secretary.

03/22/19

A Replay of 2008 in the Works Living Lies

A Replay of 2008 in the Works
Amongst the constant placement of article promoted and paid for by the banks that celebrate our supposed recovery from the mortgage meltdown is a new spate of articles that say otherwise.

03/21/19

San Jose lawmakers unanimously vote to study a public bank and abandon banking with Chase Publicbankinginstitute.org

San Jose lawmakers unanimously vote to study a public bank and abandon banking with Chase
On Tuesday, the city of San Jose debated whether to waive its wage theft policy in order to award a major banking contract to Chase, or to create its own public bank. At the end of the discussion,

03/21/19

How to Think About MERS Living Lies

How to Think About MERS
If you are going to challenge a foreclosure or sue for wrongful foreclosure and fraud, you need to know what you are doing and know what your opposition has been doing. You also must know what to do about it because knowing is not enough. You need to convince a judge who starts from a bias of upholding “contract” because that is what judges are supposed to do in our system.

03/20/19

BONY Mellon Crashes on Statute of Limitations in NY Living Lies

BONY Mellon Crashes on Statute of Limitations in NY
While this case could have the effect of barring all those cases that are over 6 years old (NY Statute) where acceleration occurred, it does nothing in those jurisdictions like Florida that have twisted logic to create a virtual deceleration allowing the statute of limitations to continue running.

03/20/19

Supreme Court defines ‘debt collector’ under Fair Debt Collection Practices Act Jurist

Supreme Court defines ‘debt collector’ under Fair Debt Collection Practices Act
The US Supreme Court ruled unanimously Wednesday in Obduskey v. McCarthy & Holthus LLP that a business is not a “debtor collector” under the Fair Debt Collection Practices Act, except in enforcing security interest under 15 USC §1692f(6).

03/20/19

Obduskey v. McCarthy & Holthus LLP Casetext

Obduskey v. McCarthy & Holthus LLP
U.S. Supreme CourtMar 20, 2019 No. 17-1307 (U.S. Mar. 20, 2019) JUSTICE BREYER delivered the opinion of the Court.

03/20/19

Federal Reserve signals it won't raise interest rates at all this year Housing Wire

Federal Reserve signals it won't raise interest rates at all this year
At the conclusion of its March meeting, the Federal Reserve announced it is not raising the federal funds rate. In fact, the Fed is signaling it is done with the idea of rate hikes for the rest of 2019.

03/20/19

Wells Fargo to pay $13 million to settle claims of improperly modifying bankrupt borrowers’ mortgages Housing Wire

Wells Fargo to pay $13 million to settle claims of improperly modifying bankrupt borrowers’ mortgages
Wells Fargo will pay more than $13 million to settle a pending class-action lawsuit that accused the bank of “improperly” modifying the mortgages of borrowers who had declared bankruptcy.

03/18/19

Turns Out That Trillion-Dollar Bailout Was, in Fact, Real Rolling Stone

Turns Out That Trillion-Dollar Bailout Was, in Fact, Real
A Man Holds a Sign During a Protest On Wall Street Against the United States Government's Rescue Plan For Failing Financial Institutions in New York, 2008.

03/18/19

Did Wall Street get a ‘trillion-dollar bailout’ during the financial crisis? Washington Post

Did Wall Street get a ‘trillion-dollar bailout’ during the financial crisis?
“Not one major Wall Street executive went to jail for destroying our economy in 2008 as a result of their greed, recklessness and illegal behavior. No. They didn’t go to jail. They got a trillion-dollar bailout.”

03/13/19

KAMALA HARRIS CELEBRATES HER ROLE IN THE MORTGAGE CRISIS SETTLEMENT. THE REALITY IS QUITE DIFFERENT. The Intercept

KAMALA HARRIS CELEBRATES HER ROLE IN THE MORTGAGE CRISIS SETTLEMENT. THE REALITY IS QUITE DIFFERENT.
PRETTY MUCH EVERY major Democratic official involved in responding to the foreclosure crisis during the Obama years did an unforgivably terrible job.

03/13/19

The Discovery Rule: Tolling the Statute of Limitations Living Lies

The Discovery Rule: Tolling the Statute of Limitations
There is an excellent post by Michael B. Schwegler in Tennessee on the whole issue of whether the statute of limitations can be extended to the date that the breach of duty was discovered.

03/12/19

Unworthy Trusts Living Lies

Unworthy Trusts
The simple fact is that the REMIC trusts do not exist in the real world. The parties named as trustees — e.g. US Bank, Deutsch, BONY/Mellon — are trust names that are used by permission through what is essentially a royalty agreement. If you are dealing with a trust then you are dealing with a ghost.

03/11/19

Stop Referring to Defaults as Something Real Living Lies

Stop Referring to Defaults as Something Real
Referring to the default as real, but with an explanation of how it is subject to rationalization or argument, completely undermines your argument that they have no right to be in court, to collect, to issue notices or initiate foreclosure.

03/06/19

Do Expert Declarations Help? Living Lies

Do Expert Declarations Help?
The bottom line is that facts — or absence of required facts — is what persuades the judge. The value of good investigation and case analysis lies not in the opinion of the writer of the report but

03/06/19

Ocwen planning to lay off more than 2,000 mortgage employees Housing Wire

Ocwen planning to lay off more than 2,000 mortgage employees
Ocwen Financial plans to reduce its overall workforce by more than 2,000 employees over the course of this year, as the nonbank moves to reduce its costs after its $360 million acquisition of PHH.

03/05/19

Is that Mortgage or Deed of Trust Void or Just Unenforceable? Living Lies

Is that Mortgage or Deed of Trust Void or Just Unenforceable?
Proving that an instrument is unenforceable does not void the instrument unless it is unenforceable by anyone. Better to prove that it should never have been written.

03/04/19

Gary Dubin: Proposed Mortgage Integrity Act (MIA): Living Lies

Gary Dubin: Proposed Mortgage Integrity Act (MIA):
For ten years, Gary Dubin in Hawaii has been practicing law defending homeowners from foreclosure. He has preached his own version of how to combat foreclosure fraud. And he has practiced what he preached. I find his work enlightening and refreshing. So when I read his Proposed Mortgage Integrity Act (MIA) I decided to republish it in its entirety.

03/04/19

Disruptive Innovation in the Legal Industry Ross Intelligence

Disruptive Innovation in the Legal Industry
Disruptive innovation” is one of those phrases that you hear a lot, but few people seem to know its true meaning. I’m guilty of this myself. Disruptive innovation is a theory by Clay Christensen, a professor at Harvard Business School,

03/01/19

TILA Rescission and Bankruptcy: What Happens When the Bankruptcy Court Gets it Wrong Living Lies

TILA Rescission and Bankruptcy: What Happens When the Bankruptcy Court Gets it Wrong
When TILA rescission has occurred the encumbrance is eliminated and the debt converts from one arising from a promissory note to one arising from a statute — 15 USC §1635.

02/25/19

Enforcement of Note vs. Enforcement of Mortgage Living Lies

Enforcement of Note vs. Enforcement of Mortgage
Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt.

02/21/19

Bringing justice home: Creating a Bureau of Housing and Loan Fraud in the Queens DA’s Office Amsterdamnews.com

We are now 10 years out of the Great Recession, and predatory lending and housing fraud continue to threaten and harm New Yorkers.

02/21/19

What Happens on A Motion to Dismiss? Living Lies

What Happens on A Motion to Dismiss?
Legal procedure is difficult to master in one sweep. But in all events you should know that everything before trial is strictly procedure and that your notions about right and wrong are almost besides the point.

02/19/19

Removing Liens Rendered Void by TILA Rescission 15 USC §1635 Living Lies

Removing Liens Rendered Void by TILA Rescission 15 USC §1635
Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes.

02/18/19

Can MERS Assign the Debt? Living Lies

Can MERS Assign the Debt?
The answer is complicated. On its face and on its own the answer is obvious: since MERS never has any ownership of the debt or the note, it cannot transfer either one.

02/16/19

Are banks guilty of faking signatures on British court papers? The Guardian

Are banks guilty of faking signatures on British court papers?
A new campaign group claims the practice is taking place on an ‘industrial scale’

02/16/19

LaRace v. Wells Fargo Bank, N.A. as Trustee Update Glenn Russell

LaRace v. Wells Fargo Bank, N.A. as Trustee Update
Wells Fargo Bank filed its Motion for Summary Judgment Against Mark and Tammy LaRace on January 14, 2019, and The Firm just filed its Opposition to this Motion Wells Fargo has tried to remove our clients from their residential property for the past decade, including being the unnamed party in the nationally cited case U.S. Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (MA SJC 2011).

02/15/19

Deutsche Bank reverses pledge to help distressed homeowners American Banker

Deutsche Bank reverses pledge to help distressed homeowners
Deutsche Bank has decided that none of the more than $4 billion it promised to spend on consumer relief after the global mortgage crisis will go to distressed U.S. homeowners, according to a report by the monitor of the 2017 settlement.

02/15/19

Ex-Fannie Mae Employee Found Guilty of Multi-Million Dollar Scheme Involving Property Listings and Approval of Below-Market Sales Lawfuel.com

Ex-Fannie Mae Employee Found Guilty of Multi-Million Dollar Scheme Involving Property Listings and Approval of Below-Market Sales
SANTA ANA, California – A former employee of Fannie Mae in Irvine has been found guilty of federal fraud charges related to bribes and kickbacks she took from brokers in exchange for Fannie Mae real estate listings and her approval of discounted sales of Fannie Mae-owned properties.

02/15/19

A Movement to Hold Judges Accountable for Their Illegal Actions Living Lies

A Movement to Hold Judges Accountable for Their Illegal Actions
Recent articles are beginning to take seriously what homeowners have been saying for more than a decade — that a separate set of rules applies to foreclosures that are biased against consumers, borrowers and homeowners.

02/14/19

Thanks to Artificial Intelligence, Finding a Florida Lawyer Just Got Easier Law.com

Thanks to Artificial Intelligence, Finding a Florida Lawyer Just Got Easier
Meet the Florida Bar's new and improved online lawyer referral service, covering 120 practice areas in 47 counties and featuring 12 different languages.

02/14/19

Facially Valid for Those Inclined to Latin Living Lies

Facially Valid for Those Inclined to Latin
Bill Paatalo in his unrelenting search for doctrine that covers the widespread fraud confronting borrowers of all types including especially homeowners, has found some old English common law concepts that do have some application in today’s chaos in the courtroom. His question related to the Latin doctrine Nul Tiel Record.

02/13/19

Caliber and LSF9 Trust Example of Smoke and Mirrors Living Lies

Caliber and LSF9 Trust Example of Smoke and Mirrors
The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn’t true.

02/13/19

Bill Would Make Online Access to Federal Court Records Free Courthouse News Service

Bill Would Make Online Access to Federal Court Records Free
ATLANTA (CN) — House lawmakers introduced a bipartisan bill Wednesday that would remove online paywalls and make federal court records free to the public.

02/13/19

Contract AI: How Legal Departments Evaluated, Use Artificial Intelligence Tools Spendmatters.com

Contract AI: How Legal Departments Evaluated, Use Artificial Intelligence Tools
A new report for Seal Software sheds light on how companies’ legal departments are preparing for or using the latest tools associated with artificial intelligence to analyze contracts

02/13/19

HUD’s System for Processing Public Records Requests Died During the Shutdown ProPublica

HUD’s System for Processing Public Records Requests Died During the Shutdown
The contract for the agency’s electronic system for managing FOIA requests lapsed in early January and hasn’t been renewed. Delays are mounting.

02/13/19

McGreevey wins: Veteran who alleged illegal foreclosure gets $125,000 settlement Oregonlive.com

McGreevey wins: Veteran who alleged illegal foreclosure gets $125,000 settlement
When Marine Jacob McGreevey returned home to Vancouver after four years in Afghanistan and Iraq war zones, the fight wasn’t over. No, McGreevey launched into more combat, this time against the company he claimed illegally foreclosed on his house.

02/12/19

Future Law School. What Does It Look Like? Forbes

Future Law School. What Does It Look Like?
Crises in the justice systems across the world leave a huge imprint on the legal education system, which already has enough internal and external problems.

02/12/19

Attorney General James to Urge Consumer Financial Protection Bureau to Reject Anti-Consumer Protection Policies Longisland.com

Attorney General James to Urge Consumer Financial Protection Bureau to Reject Anti-Consumer Protection Policies
New York, NY - February 12, 2019 - New York Attorney General Letitia James today led a coalition of 21 State Attorneys General in urging the Consumer Financial Protection Bureau (CFPB) not to adopt recently-proposed policies that would erode critical consumer protections under the guise of fostering innovation in the consumer financial marketplace

02/11/19

CFPB is looking out for financial predators instead of Main Street The Hill

CFPB is looking out for financial predators instead of Main Street
To protect Main Street Americans — consumers, investors, homeowners, students, soldiers, retirees and the elderly — from predatory financial behavior and financial instability that can lead to devastating financial crashes like 2008, the Dodd-Frank law created the Consumer Financial Protection Bureau (CFPB).

02/11/19

Making the Foreclosure Process More Efficient DS News

Making the Foreclosure Process More Efficient
New Jersey's Senate Community and Urban Affairs Committee has passed bipartisan legislation consisting of a package of nine bills that are aimed at streamlining pending foreclosure cases in the state.

02/11/19

Why Fabrications? Why Forgeries? Living Lies

Why Fabrications? Why Forgeries?
In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records.

02/08/19

Denied Modification: A Cog of the Loan Servicing Industry Profit Factory Attorney At Law Magazine

Denied Modification: A Cog of the Loan Servicing Industry Profit Factory
In the iconic holiday movie “Christmas Vacation” cousin Eddie congratulates Clark Griswold for receiving a subscription to the Jelly of the Month club as his Christmas bonus. “Clark, that’s the gift that keeps on giving all year long.” I could say the same thing about Wells Fargo, the financial institution whose unethical business practices have kept regulators and consumer lawyers busy for the past decade.

02/05/19

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF! Clouded Titles Blog

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF!
This is an educational overview as to what has taken place in the American legal forums in the last two decades and my take on what it all means:

02/05/19

Facial Validity vs Enforceability Living Lies

Facial Validity vs Enforceability
It is universally accepted that a mortgage or deed of trust may not enforced except by the owner of the actual debt. The debt exists regardless of whether it is in writing or not. While a promissory note might be enforced

02/04/19

About Legal Research And Fact Analysis Living Lies

About Legal Research And Fact Analysis
When people retain us to perform analysis, what we are doing is applying our knowledge of facts regarding the current context of foreclosures, foreclosure defenses and claims based upon wrongful foreclosures. Each case must be carefully analyzed

02/02/19

Return To Prudent Banking Act: Bill To Reign In Predatory Banks Introduced Inquisitr.com

Return To Prudent Banking Act: Bill To Reign In Predatory Banks Introduced
A bipartisan bill called the Return to Prudent Banking Act has been introduced in Congress to reinstate crucial consumer protections against predatory banking practices in place until 1999

01/31/19

Federal Court 2015 Deutsch Bank Case Reveals Bank Willingness to Lie Directly to the Court Living Lies

Federal Court 2015 Deutsch Bank Case Reveals Bank Willingness to Lie Directly to the Court
A mere glance at the procedure invoked by the attorney supposedly representing Deutsch Bank reveals the arrogance with which the lawyers present false cases based upon false documents and false execution of documents.

01/30/19

Facially Invalid Recorded Documents Living Lies

Facially Invalid Recorded Documents
The view proffered by the banks would require them to accept declarations of fact from potential borrowers without any indicia of truth or reliability. It is opposite to the manner in which they do business. Currently they have it both ways,

01/29/19

Rogue REMICs? 2016 Study Reveals Lack of Standing Living Lies

Rogue REMICs? 2016 Study Reveals Lack of Standing
I read a lot. I came across this article today published in 2016. Nobody has paid attention to it but as far as I can tell on first skim, the author has both coined the name “rogue REMIC” and described it well enough to come to a conclusion,

01/28/19

Short Videos on “The Men Who Stole the World” Living Lies

Short Videos on “The Men Who Stole the World”
I’m not sure of the production details but what I have seen is directly on point and corroborates my own interviews with insiders who were never indicted.

01/28/19

Data Breach Reveals Tech Players in Storage and Manipulation of Documents Living Lies

Data Breach Reveals Tech Players in Storage and Manipulation of Documents
I often find clues to the “who” question of reporting in little known articles about data breaches. We find in this article the names of players who

01/26/19

Kamala Harris' complicated history with Wall Street will come under scrutiny in the 2020 race CNBC

Kamala Harris' complicated history with Wall Street will come under scrutiny in the 2020 race
Sen. Kamala Harris' history with Wall Street and the banking industry is about to come under scrutiny in a big way as the California Democrat joins

01/24/19

Tonight! Foreclosure Mills Are Accountable Under FDCPA Living Lies

Tonight! Foreclosure Mills Are Accountable Under FDCPA
I think the recent spate of cases against law firms who collect debts is indicative of the tremendous liability assumed by a lawyer who, knowing that there are defects in the claim, pursues it anyway.

01/24/19

The Facts Behind Smoke and Mirrors Living Lies

The Facts Behind Smoke and Mirrors
Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates.

01/23/19

Millions of bank loan and mortgage documents have leaked online Techcrunch.com

Millions of bank loan and mortgage documents have leaked online
trove of more than 24 million financial and banking documents, representing tens of thousands of loans and mortgages from some of the biggest banks in the U.S., has been found online after a server security lapse.

01/23/19

Tolling the Statute of Limitations by Initiating Administrative Processes Living Lies

Tolling the Statute of Limitations by Initiating Administrative Processes
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA)

01/22/19

Gary Dubin on Foreclosure Reform and Deficiency Judgments Living Lies

Gary Dubin on Foreclosure Reform and Deficiency Judgments
To my knowledge, the only other lawyer that is persistently publishing and broadcasting valuable information about foreclosure defense is Gary Dubin. He has published an article that is very much worth reading.

01/21/19

“True Lender” Lawsuits Causing Business and Legal Headaches for Banks Living Lies

“True Lender” Lawsuits Causing Business and Legal Headaches for Banks
hat tip Bill Paatalo You can’t pick up one end of the stick without picking up the other end as well. Or, if you like, you can’t eat your cake and still have it.

01/20/19

Firm Scores Important Ruling From Massachusetts Appeals Court in Starkey v. Deutsche Bank, N.T. Co., et al Glenn Russell

Firm Scores Important Ruling From Massachusetts Appeals Court in Starkey v. Deutsche Bank, N.T. Co., et al
Mr. and Mrs. Starkey enlisted the help of this Firm to defend the attempted foreclosure of their home in January of 2009. The Firm defended the Starkey's position in the Land Court, as well as at the Superior Court.

01/18/19

MERS Is NOTHING — The Correct Translation of “MIN” Living Lies

MERS Is NOTHING — The Correct Translation of “MIN”
Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing

01/17/19

Worcesteria: Irony is hard Worcester Magazine

Worcesteria: Irony is hard
FORECLOSURE NOTICE: Looks like the city is gearing up to take some action on foreclosures after the Worcester Anti-Foreclosure Team made a showing at the City Council meeting this week to demand the Council pass an ordinance and implement some internal policies to assist homeowners facing foreclosure.

01/16/19

Solving the Puzzle: Settlements with Homeowners Are Rising Living Lies

Solving the Puzzle: Settlements with Homeowners Are Rising
Hat tip Michael Bazemore It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties.

01/15/19

UPL, FELONY PERJURY: THE UNINTENDED CONSEQUENCES OF DOCUMENT MANUFACTURING! Cloudedtitlesblog.com

UPL, FELONY PERJURY: THE UNINTENDED CONSEQUENCES OF DOCUMENT MANUFACTURING!
“I was just doing my job.” What kind of response do you think you’d get from a robosigner in a deposition when asked how they prepared or executed a recorded assignment?

01/15/19

THE SYSTEM OF THINGS IS IN PLAY IN ORANGE COUNTY, FLORIDA! Cloudedtitlesblog.com

THE SYSTEM OF THINGS IS IN PLAY IN ORANGE COUNTY, FLORIDA!
(ORLANDO, FLORIDA) — A Florida Circuit Court Judge has put the brakes on a foreclosure sale by setting an evidentiary hearing after a Motion to Vacate was

01/15/19

Example of Homeowner Winning in Sarasota Florida Living Lies

Example of Homeowner Winning in Sarasota Florida
Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up

01/14/19

Attorney Mark Stopa says he never wants to practice law again but the Florida Bar won't let him retire Tampa Bay Times

Attorney Mark Stopa says he never wants to practice law again but the Florida Bar won't let him retire
Embattled foreclosure defense attorney Mark Stopa is seeking "permanent retirement,'' in part to head of a hearing on new complaints against him.

01/14/19

Distilling the 20 Points of TILA Rescission: 9th Circuit Allows “Claim” for Rescission Under WA Statute of Limitations Living Lies

Distilling the 20 Points of TILA Rescission: 9th Circuit Allows “Claim” for Rescission Under WA Statute of Limitations
I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing

01/11/19

Reimagining Innovation In Legal Education Abovethelaw.com

Reimagining Innovation In Legal Education
Ari Kaplan speaks with Gabe Teninbaum, a professor at Suffolk University Law School and the director of the Institute on Legal Innovation and Technology.

01/11/19

‘Could you make these guys essential?’: Mortgage industry gets shutdown relief after appeal to senior Treasury officials Washington Post

‘Could you make these guys essential?’: Mortgage industry gets shutdown relief after appeal to senior Treasury officials
After an intense lobbying campaign by the mortgage industry, the Treasury Department this week restarted a program that had been sidelined by the partial government shutdown, allowing hundreds of Internal Revenue Service clerks to collect paychecks as they process forms vital to the lending industry.

01/11/19

Portrait of a Whistleblower: The Establishment is Rigged Against Truth Living Lies

Portrait of a Whistleblower: The Establishment is Rigged Against Truth
For those who like what I write but have doubts about what I am saying consider this article that is based upon truth and nothing but the truth. According to a Rolling Stone article published in 2015 by Matt Taibbi, “one of America’s ugliest secrets

01/10/19

Kamala Harris Tells Big Lie: That 2012 Mortgage Settlement Was a Good Deal for Homeowners Naked Capitalism

Kamala Harris Tells Big Lie: That 2012 Mortgage Settlement Was a Good Deal for Homeowners
The Big Whopper season is already upon us, in the form of presidential aspirants telling egregious lies about their track records. The Wall Street Journal tonight covers a section from Kamala Harris’ new book,

01/10/19

SCOTUS Oral Argument Illuminates the Main Question in Foreclosures: What are the roles of the parties? Living Lies

SCOTUS Oral Argument Illuminates the Main Question in Foreclosures: What are the roles of the parties?
Two days ago in the case of Obudskey v McCarthy and Holthus LLP the Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA).

01/09/19

Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide Living Lies

Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide
Today (hat tip to Greg Da Goose) I received an article published by Burr Forman (bank lawyers) that admitted that the ruling was surprising and also projected that the ruling could have far reaching implications under various proceedings and laws.

01/08/19

FLA S Ct Reverses Course on Homeowner’s Award of Attorney Fees and Raises Other Issues for Defense of Foreclosures Living Lies

FLA S Ct Reverses Course on Homeowner’s Award of Attorney Fees and Raises Other Issues for Defense of Foreclosures
For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence.

01/07/19

DannLaw files suit alleging Wells Fargo defrauded two borrowers who were wrongly denied home mortgage modifications EIN Presswire

DannLaw files suit alleging Wells Fargo defrauded two borrowers who were wrongly denied home mortgage modifications
CLEVELAND, OHIO, UNITED STATES, January 7, 2019 /EINPresswire.com/ -- DannLaw attorneys today filed suit against Wells Fargo on behalf of two borrowers who lost their homes after the bank refused to grant mortgage loan modifications for which they qualified.

01/04/19

The embarrassment that is Wells Fargo Charlotte Observer

The embarrassment that is Wells Fargo
Editorial boards prefer to be prescriptive with the opinions we offer. A good gripe might be satisfying, but it’s more productive when that comes with suggestions on how things might get better.

01/04/19

Texas Two Step: “Successors and Assigns” Living Lies

Texas Two Step: “Successors and Assigns”
Homeowners are losing to legal presumptions arising from apparently facially valid documents. Thus defensive strategies, tactics and narratives should include a robust attack on the facially validity of the instruments relied upon by parties seeking foreclosure.

01/02/19

Repeated errors cost hundreds of people their homes—now Wells Fargo wants to buy their silence Dailykos.com

Repeated errors cost hundreds of people their homes—now Wells Fargo wants to buy their silence
A class-action lawsuit alleges that Wells Fargo screwed up the same exact way almost 900 times, costing over 500 people their homes. As with most of Wells Fargo’s previous “errors” that caused widespread devastation, the horse-and-wagon bank has made an insufficient attempt to make good with its victims by pleading ignorance and throwing not nearly enough money at the problems it created.

01/02/19

Federal lawsuit accuses Wells Fargo of unlawful foreclosure of Starkville man's home Clarionledger.com

Federal lawsuit accuses Wells Fargo of unlawful foreclosure of Starkville man's home
A Starkville daughter and father have filed a federal lawsuit against Wells Fargo Home Mortgage alleging the national bank unlawfully foreclosed on the father’s home while still negotiating with them.

01/02/19

ENTER 2019 AND THE NEW MERS! Cloudedtitlesblog.com

ENTER 2019 AND THE NEW MERS!
If you haven’t been paying attention to the “new and improved MERS”, you should be. As of October of last year, Intercontinental Exchange, Inc. (“ICE”; the same bunch that owns the New York Stock Exchange) took over MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems, Inc.

01/02/19

Standing Rock’s Surprising Legacy: A Push for Public Banks Yes Magazine

Standing Rock’s Surprising Legacy: A Push for Public Banks
The effort to divest from Wall Street—and stop environment-killing projects gained momentum after the historic pipeline protest. Here’s what a city needs, and could gain, from municipal banking.

01/01/19

"Foreclosure Machine." Meet the man who coined the phrase: mild mannered plain speaking Robert M Janes MATHEWS STREET, AMERICA

"Foreclosure Machine." Meet the man who coined the phrase: mild mannered plain speaking Robert M Janes
Ringing in the new year with more good enlightening analysis from a mentor of mine for over five years, Robert M. Janes, attorney retired. California homeowners especially but any homeowners throughout the country have a true hero and guide in the author of book Fighting the Foreclosure Machine

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