Daily News related to the Foreclosure Crisis

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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03/31/23

Friends and Foreclosure Fighters! MAAPL.org

Friends and Foreclosure Fighters!

I have been blessed with what feels like kind of a sacred charge. I cannot accomplish this without as many people’s help as possible. (we need you to at least call in on Tuesday, 4/4/23 at 9am.)
This could be a milestone in the anti-foreclosure fight against what we now know is 160 years of predatory and prejudiced lending (one historic researcher holds that this is the primary reason for the continuing racial divide in wealth in the United States). The key Massachusetts courts, the Housing Courts, where the fight to end, reverse and redress predatory lending violations have begun a new practice of stripping not only the property rights and equal protection rights, but, in fact, First Amendment rights from those who fight illegal foreclosures and evictions.
I will be the first to address this fundamental stripping of First Amendment rights in oral argument. The universe has placed that hearing on, of all days, the 55th anniversary of the assassination of Martin Luther King, Jr. I had already planned to rely on his incisive and elegant formulation of the necessity of access to persuading others (freedom of speech).
What we need is an unprecedented magnitude of witnesses to this hearing. It is scheduled for Tuesday, 4/4/23 at 9AM ET. You can call in and listen to the proceeding: as the case is being heard in Session II, the phone number is 877-730-2624; passcode is 2530102#. Further, if you will contact me, please, and let me know if you can be there, there are further (and maybe better) ways to access the hearing. Please recruit friends and family – this matters.
Please, this is a potential watershed moment for this movement to make it clear that even if these illegal, immoral, and, in fact, criminal practices have been overwhelmingly ignored by our courts, it does not mean that we will put up with this injustice any longer.
In peace and power, love, Grace Ross MAAPL.org 617-291-5591

03/31/23

SEC does NOT regulate trusts or the issuance of certificates Living Lies

SEC does NOT regulate trusts or the issuance of certificates

No trust is regulated by the SEC. No reporting is required of any trust.
But by filing a prospectus, the investment bank gains access to the SEC.gov site. So they upload documents and then download the same documents so they can display the sec.gov in the header. They then falsely argue for judicial notice of a government document.
No document is a government document unless it is created by the government. Since the SEC did not issue the document and never reviewed or exercised any regulatory action, this is not a government document. It is a private document that the lawyers have dressed up to look like a government document. Judicial Watch, Inc. v. Clinton, 880 F. Supp. 1, 11 (D.D.C. 1995) (“documents are typically not agency records under the Act unless and until they are included within material controlled, created, approved and utilized by the agency itself. ”)
Ultimately all filings by the investment bank in relation to the fictitious trusts are followed by a filing that says, “we don’t need to report anything.” In 1998 the regulations were rolled back on the certificates sold to investors in which, by law, the certificates were categorized as private contracts and expressly asserted to be excluded from the category of securities and issuers that were regulated.
In short, there are no securities, trusts, or government documents in any securitization infrastructure.

03/30/23

Lender refused to accept payments from the legal heir, who was being helped by Nonprofit Alliance of Consumer Advocates NonProfit Alliance of Consumer Advocates

Lender refused to accept payments from the legal heir, who was being helped by Nonprofit Alliance of Consumer Advocates

CAMBRIA, CA, UNITED STATES, March 30, 2023/EINPresswire.com/ -- When Glenn Grego's father passed away, he found himself facing foreclosure because the lender was not accepting his mortgage payments. Despite being rejected six times for a loan modification, Glenn was left with an unpaid balance of $754,698.22, making him 38 months delinquent with a balance of $100,230.18 and a monthly payment of $2,578.78. Despite receiving solicitation for eviction protection services and surplus fund retrieval from various law firms and non-attorneys, the bank found it more beneficial to sell Glenn's property instead of accepting his payments.

03/30/23

Share of Delinquent Mortgages Drops, But Foreclosure Rate Creeps Upward DS News

Share of Delinquent Mortgages Drops, But Foreclosure Rate Creeps Upward

CoreLogic has released its monthly Loan Performance Insights Report for January 2023, which found that 2.8% of all mortgages in the U.S. were in some stage of delinquency (30 days or more past due, including those in foreclosure), representing a 0.5 percentage point decrease compared with 3.3% in January 2022, and a 0.2 percentage point decrease compared with December 2022.

03/30/23

MaineHousing, real estate agents offer help for people facing foreclosure News Center Maine

MaineHousing, real estate agents offer help for people facing foreclosure

PORTLAND, Maine — People facing foreclosure in Maine have options that housing experts say most might not know about. On March 7, MaineHousing relaunched the Homeowner Assistance Fund. The program uses federal COVID-19 pandemic relief dollars to help those who fell behind on payments during the pandemic. It is meant to help low- and moderate-income families who suffered financial hardships since January of 2021. Homeowners can receive up to $50,000 depending on their eligibility. Homeowners can check eligibility and begin the application process online at MaineHomeownerHelp.org.

03/30/23

Federal Reserve Board fines Wells Fargo $67.8 million for inadequate oversight of sanctions risk at its subsidiary bank Federal Reserve

Federal Reserve Board fines Wells Fargo $67.8 million for inadequate oversight of sanctions risk at its subsidiary bank

The Federal Reserve Board on Thursday announced that it has fined Wells Fargo & Co., of San Francisco, California, $67.8 million for the firm's unsafe or unsound practices relating to historical inadequate oversight of sanctions compliance risks at its subsidiary bank, Wells Fargo Bank, N.A. Wells Fargo & Co.'s deficient oversight enabled the bank to violate U.S. sanctions regulations by providing a trade finance platform to a foreign bank that used the platform to process approximately $532 million in prohibited transactions between 2010 and 2015.

03/30/23

Chopra: Nonbanks, Mortgage Servicers May Also Pose Systemic Risk National Mortgage Professional

Chopra: Nonbanks, Mortgage Servicers May Also Pose Systemic Risk

CFPB director tells Consumer Bankers Association conference such a failure could lead to 'chaos.' What happens if a nonbank lender or large mortgage servicer fails? That’s a question that recently has been keeping Consumer Financial Protection Bureau Director Rohit Chopra awake at night. "A major disruption or failure of a large mortgage servicer really gives me a nightmare," Chopra said Tuesday during CBA Live 2023, a conference in Las Vegas hosted by the Consumer Bankers Association.

03/30/23

Biden asks banking regulators to toughen some rules after recent bank failures NPR

Biden asks banking regulators to toughen some rules after recent bank failures

President Biden on Thursday urged banking regulators to take additional steps to reduce the risk of more mid-sized bank failures like Silicon Valley Bank and Signature Bank. "We think things have stabilized significantly," a White House official told reporters on a conference call. "We also think it's important that regulators take steps to make sure future banking crises don't happen."

03/30/23

Are the courts really misbehaving in foreclosure cases — probably not. Living Lies

Are the courts really misbehaving in foreclosure cases — probably not.

Don’t shoot the messenger. * If we assume that the court is only allowed to rule on allegations that bring the claim it is probably true that homeowner complaints and motions should be denied because mostly they have not attacked the existence, ownership and authority over the implied (but never stated) underlying debt that can only be found in the receivables of the designated creditor.

03/29/23

How to attack title to a mortgage lien Living Lies

When to act on your “mortgage transaction”

Several steps should be taken to attack any document that does not include a warranty of title to the lien and authority to enforce. You attack the title to the lien under the premise that no transfer of a lien is legally valid or even recognizable unless there is a concurrent transfer of the underlying debt. Transfer of the note is only evidence of the transfer of the underlying alleged debt. My premise is that there is no underlying debt.

03/28/23

Judge green lights amended predatory lending suit against Wells Fargo Housing Wire

Judge green lights amended predatory lending suit against Wells Fargo

A federal judge in Georgia has given the green light for an amended “predatory lending” lawsuit to proceed against Wells Fargo. The lawsuit was filed under the Fair Housing Act by three counties in Georgia.
The counties initially filed the lawsuit in April 2021, claiming that Wells Fargo and some of its related entities engaged in a broad predatory lending scheme that targeted minority residents in Cobb, DeKalb and Fulton counties.
According to the complaint, Wells Fargo allegedly engaged in an “equity stripping” scheme that was “a combination of predatory and discriminatory lending, servicing, and foreclosure practices over the life of a mortgage.”
The lawsuit also alleges that Wells Fargo originated high-cost loans to minorities at a rate of 2.3 times higher than for non-minorities.
The complaint was initially dismissed last March by U.S. District Judge Michael L. Brown, who ruled that the counties failed to allege Wells Fargo engaged in any discriminatory acts within the two-year period covered under the Fair Housing Act.
However, the judge allowed the counties to amend and resubmit the lawsuit, ruling last week that the new complaint can move forward.
The amended complaint cites 30 different loans originated, serviced and/or foreclosed on by Wells Fargo. The lender asked the court to dismiss the amended suit, citing that the statute of limitations had expired, but Judge Brown ruled that the 10 loans identified by the counties fell within the correct time frame.
The counties allege in the lawsuit that Wells Fargo and its related entities began the purported “discriminatory scheme” at the point of loan origination by forcing “borrowers to pay higher costs and improper fees.”
Per the lawsuit, this “continued throughout the life of the loans as borrowers paid inflated interest rates, manifested through the imposition of prepayment penalties when borrowers refinanced or paid off loans, progressed into default when [Wells Fargo] subjected borrowers to fees and costs, and culminated in foreclosure.”
The counties state in the lawsuit that the borrowers’ names on each of the loans reflect that the borrower is likely “African American, Latino/Hispanic, or [another] minority,” and that census data shows each property was located within a mostly minority neighborhood, according to the ruling.
The counties also provided the court with three “heat maps,” which they say show a difference in foreclosure rates between neighborhoods with mostly minority residents compared to neighborhoods with mostly white residents.
The heat maps allegedly show the foreclosure rate in Fulton County was 3.5 times higher in neighborhoods with large percentages of minority residents compared to mostly white neighborhoods. That rate was five times higher in DeKalb County and 18% higher in Cobb County, according to the lawsuit.
The amended allegations are enough, at least at the pleading stage, to establish the 10 loans were part of the three counties’ “purported discriminatory scheme” — and that they undertook a discrete action in furtherance of that scheme within the limitations period, Brown said.
“To move past summary judgment on the merits, Plaintiffs will have to present evidence of this overarching scheme, and alleged discrimination in origination may not be enough to establish conduct within the statutory period,” Judge Brown said.
A hearing is scheduled for April 18 to discuss how discovery should proceed.
“As part of this, the Court is considering whether discovery should begin with the 10 loans discussed above or some other subset of loans so as to focus initially on whether Defendants’ alleged discriminatory scheme continued beyond April 30, 2019,” the ruling states.
According to Wells Fargo, the claims outlined in the lawsuit are unfounded.
“While we are disappointed in the rulings, Wells Fargo continues to believe that the counties’ claims regarding our lending practices are unfounded and will continue to defend this case,” Wells Fargo’s spokesperson said in an e-mailed response.
Wells Fargo has been under fire numerous times in the past over discriminatory lending allegations.
In late 2022, Wells Fargo agreed to pay a civil penalty of $1.7 billion in order to settle multiple consent orders related to automobile lending, consumer deposit accounts and mortgage lending with the Consumer Financial Protection Bureau (CFPB).
According to the CFPB, Wells Fargo repeatedly misapplied loan payments, wrongfully foreclosed on homes, illegally repossessed vehicles and charged surprise overdraft fees, which affected 16 million customers’ accounts.
In April 2022, the bank was sued for allegedly approving more white borrowers for mortgage loans compared to Black applicants following the creation of the federal CARES Act, which helped to drop interest rates down to historic lows.
In 2012, the bank agreed to pay at least $175 million to settle accusations that it unfairly steered Black and Hispanic homeowners into subprime mortgages and charged them higher fees and interest rates. Wells Fargo said at the time that it treated all customers fairly regardless of race.

03/24/23

As Senate Banking Committee Convenes Hearing on Exploding Banks, an FDIC Chart Shows the Banking Crisis Is Far from Over Wall Street On Parade

As Senate Banking Committee Convenes Hearing on Exploding Banks, an FDIC Chart Shows the Banking Crisis Is Far from Over

Senator Sherrod Brown (D-OH), the Chair of the Senate Banking Committee, will convene a hearing this morning at 10 a.m. to take testimony from federal bank regulators on why the second and third largest bank failures in U.S. history occurred within two days of each other this month. (A number of other regional banks have seen their share prices plunge this month.)

03/28/23

When to act on your “mortgage transaction” Living Lies

When to act on your “mortgage transaction”

Why is “mortgage transaction” bracketed in quotes? Because the transaction is really a draft of homeowners into becoming issuers in a concealed securities scheme. The loan account, part of every traditional loan, is neither created nor transferred. All players are paid off through the sales of certificates that by law are not classified as securities and are not backed by any liens or collateral. So both the “mortgage transaction” and the “Mortgage-backed securities” carry a moniker that denotes the exact opposite of their true intention.

03/27/23

Emergency: Why the New Article 12 of the Uniform Commercial Code Should Be Rejected Living Lies

Emergency: Why the New Article 12 of the Uniform Commercial Code Should Be Rejected

2460 FIFE 8-25-2016 BENEFICIARY DECLARATION QUALITY LOAN SERVICE CORP OF WA
The UCC is a uniform authority on laws governing all transactions. It is adopted by law in all U.S jurisdictions. Transactions with homeowners are governed by Article 3 (Negotiable Instruments) and Article 9 (Secured Transactions).
My attacks on the weakness of the argument for business records of the “servicer” have resulted in the proposed new Article 12, which appears to have been adopted in other states (other than Florida). The new article proposes a new classification that will supersede all common law and statutory law regarding business records.

03/26/23

Lawyer once helped debt-ridden owners hang on to homes. Now he helps cities take them away. Tampa Bay Times

Lawyer once helped debt-ridden owners hang on to homes. Now he helps cities take them away.

Matt Weidner worked to help cities deal with the blight caused by poorly maintained properties, but it also meant that a lawyer once known for helping people keep homes was now helping cities take them away.

03/24/23

Bill Black on SVB: A Bipartisan Clown Car Crash The Analysis.news

Bill Black on SVB: A Bipartisan Clown Car Crash

The legendary regulator and white-collar criminologist William K. Black explains why, contrary to corporate media coverage, the bank failures set off by the Silicon Valley Bank crash were absolutely not sudden, unexpected, or unforeseeable, and why none of the regulations Democrats or Republicans are talking about would have stopped them.

03/24/23

Florida cities ramped up foreclosures to hurt speculators. Instead they helped them Miami Herald

Florida cities ramped up foreclosures to hurt speculators. Instead they helped them

In 2015, then-St. Petersburg Mayor Rick Kriseman championed a plan to crack down on the city’s so-called “zombie properties” by aggressively foreclosing on them. The city would target poorly maintained properties that had racked up big fines and code enforcement liens with the hope that new ownership would lead to community redevelopment. City leaders believed the plan was the first of its kind in the state and signed a contract with a local private attorney named Matt Weidner to bring the city’s cases to court. Weidner had been a donor to Kriseman, a Democrat who was elected in 2013 after previously serving in the Florida House of Representatives. But Weidner brushed aside any concerns about impropriety.
“This is not a plum deal, which is going on forever or one that involves much money at all,” he said at the time. Weidner’s predictions, however, haven’t come to pass. Eight years later, he continues to bring foreclosure cases on behalf of St. Petersburg. To date, he’s been paid nearly $1.5 million by the city for his work.
And he’s signed contracts with eight other jurisdictions across Florida to do similar work since then, bringing in an additional $1.4 million in fees and expenses. Weidner has sold cities on the idea that they can transform code enforcement rules that used to be intended to achieve compliance into money-makers, by aggressively collecting money cities were owed from fines — or, in the alternative, taking the homes of owners who can’t pay.
The lawsuits have undoubtedly brought about improvements to many of the properties targeted, either through new, more active ownership or by forcing existing owners to improve their practices. But a Miami Herald investigation based on a review of thousands of pages of court records from more than 775 lawsuits and interviews with numerous property owners targeted by Weidner and his client-cities shows that they have also caused harm.

03/24/23

Powell and Yellen Say the Banking System Is Sound as Another Global Bank Teeters Wall Street On Parade

Powell and Yellen Say the Banking System Is Sound as Another Global Bank Teeters

The reassurances of Federal Reserve Chairman Jerome Powell and U.S. Treasury Secretary Janet Yellen that the U.S. banking system is sound, stand in sharp contrast to what is happening in markets. This week, the shorts have found another easy new global bank target to try to take down after making a bundle of money betting against Credit Suisse, which was taken over for 82 cents a share on Sunday by its Swiss competitor, UBS.

03/24/23

Fannie Mae Just Created a New Real Estate Career with their New Appraisal Waiver Program Skyline School

Fannie Mae Just Created a New Real Estate Career with their New Appraisal Waiver Program

Fannie Mae's Value Acceptance + Property Data program, set to launch on April 15, 2023, has cast a shadow over the appraisal industry's future, potentially marking the beginning of the end for licensed appraisers.
The program aims to transform mortgage loans by replacing traditional appraisals with assessments conducted by unlicensed "Property Data Collectors," and many are questioning whether this is the first step in eliminating appraisers altogether.

03/24/23

Analysis of Fake Beneficiary Declaration Living Lies

Analysis of Fake Beneficiary Declaration

2460 FIFE 8-25-2016 BENEFICIARY DECLARATION QUALITY LOAN SERVICE CORP OF WA
Toon Hobbs does not say he is an officer of Deutsch Bank.
He also does not say that Deutsche Bank warrants ownership over the alleged or implied unpaid loan account.
As Document Control Officer, he is also NOT a records custodian and decidedly not a TRUST OFFICER.
He does not describe the scope of his duties.
He does not say that Deutsch Bank maintains a trust account on behalf of the obliquely named trust or on behalf of the unspecified holders of the unspecified certificates.
More importantly he makes no reference to a trust agreement, much less attach it.
More importantly he makes no reference to a servicing agreement, much less attach it.

03/23/23

PennyMac Financial Services: Dubious Accounting Games Won’t Solve Its Crisis Living Lies

PennyMac Financial Services: Dubious Accounting Games Won’t Solve Its Crisis

*at the heart of claims of securitization is a data point that cannot be confirmed or corroborated, to wit: an unpaid loan account owed to as specifically identified creditor who makes decisions regarding collection, enforcement, and workouts. That account and that creditor does not exist in anyone’s world unless they are admitted in a court action.

03/23/23

Scheme Targets Homeowners Saporta Report

Scheme Targets Homeowners

A Florida-based firm’s wealth-stripping scheme is the latest threat to some of the country’s most vulnerable homeowners

03/22/23

Courts May Not Use Discredited Document as Basis for Judgment Living Lies

Courts May Not Use Discredited Document as Basis for Judgment

There is no appellate case in which the following proposition has been ruled upon according to my research: can the court continue reliance on legal presumptions arising from facially valid documents from a litigant who fails or refuses to provide reasonable corroboration of the truth of the matters asserted in said documents?

03/22/23

Citigroup’s Citibank Took the Largest Amount of Loans from the FHLB of NY in 2022, Reminiscent of FHLB Loans Taken by Silvergate, SVB, Signature, and First Republic Bank Wall Street On Parade

Citigroup’s Citibank Took the Largest Amount of Loans from the FHLB of NY in 2022, Reminiscent of FHLB Loans Taken by Silvergate, SVB, Signature, and First Republic Bank

On March 13 we published the chart below, showing the ten financial institutions that had taken the largest loan advances from the Federal Home Loan Bank of San Francisco as of year-end 2022. It’s a very ominous sign that the bank at the top of the list, Silicon Valley Bank, collapsed and is now under the control of the Federal Deposit Insurance Corporation (FDIC). Silicon Valley Bank had $212 billion in assets as of year-end 2022, making it the second largest bank failure in U.S. history. The largest failure was Washington Mutual in 2008, with approximately $300 billion in assets.

03/22/23

Murphy’s measure aims to seal wrongful pandemic foreclosures Illinois Senate Democrats

Murphy’s measure aims to seal wrongful pandemic foreclosures

SPRINGFIELD – In order to protect victims of wrongful foreclosures that occurred during the COVID pandemic, State Senator Laura Murphy has introduced a bill that would seal foreclosure records that were initiated during the foreclosure moratoria.

03/22/23

New Yorkers rally in Albany for funding to protect homeowners Spectrum News1

New Yorkers rally in Albany for funding to protect homeowners

As the state budget is negotiated in Albany, New Yorkers are rallying for what they call a critical program left out of Gov. Kathy Hochul's $227 billion budget plan. It’s called the Homeowners Protection Program (HOPP), and it assists more than 15,000 homeowners that find themselves in distress every year. “The HOPP program helped me save my family’s home from foreclosure,” said Melessa Anderson, a HOPP beneficiary.

03/21/23

Everyone lies Living Lies

Everyone lies

The basis for most big business plans is to give the consumer the worst possible product or service while convincing the same consumer that the cost is inevitable and the product or service is excellent. This produces something that Alejandro Reyes of Deutsch Bank called a “counter-intuitive” system. * Let me give you a few examples:

03/21/23

ATTOM cites housing markets most vulnerable to decline The Title Report

ATTOM cites housing markets most vulnerable to decline

ATTOM released its Special Housing Risk Report spotlighting county-level housing markets that are more or less vulnerable to declines, based on home affordability, foreclosures and other measures in the fourth quarter of 2022. The report shows that inland California, Illinois, New Jersey, and Delaware continued to have some of the highest concentrations of the most-at-risk markets in the country, with the biggest clusters in the New York City and Chicago metro areas. Southern and Midwestern states remained less exposed.

03/20/23

Don’t use your own wording simply because it sounds good to you Living Lies

Don’t use your own wording simply because it sounds good to you

What you are looking for is corroboration that the account exists and corroboration documents showing that consideration was paid and not just recited on the transfer document on paper.

03/19/23

Mass. property tax foreclosure laws harmful, inequitable Worcester Telegram and Gazette

Mass. property tax foreclosure laws harmful, inequitable

Last year, Deborah Foss was forced to live in her car during the coldest months of the year after New Bedford officials placed a tax lien on her home and sold it to a private company called Tallage for $9,626 — the total amount she owed, including interest. The tax lien gave the investor authority under Massachusetts law to take her home, sell it for $241,600 and keep all the profits. Deborah lost her home and her value in it over a debt that was worth just a fraction of the value of her home.
And that's just the tip of the iceberg. From 2014 through 2021, Massachusetts homeowners subjected to tax foreclosure lost 82% of their home equity on average — $172,000 per home. Massachusetts is one of 12 states, plus the District of Columbia, regularly using these abusive and unconstitutional “tax and take” seizures. A recent study by my firm, Pacific Legal Foundation, details how these predatory home equity theft laws work, and the windfall government and private investors have taken at the expense of people like Deborah.

03/17/23

JPMorgan’s High Risk Footprint; Bloomberg News as PR Agent for Jamie Dimon; and the Untold Story of the Failed “Rescue” of First Republic by the Mega Banks Wall Street On Parade

JPMorgan’s High Risk Footprint; Bloomberg News as PR Agent for Jamie Dimon; and the Untold Story of the Failed “Rescue” of First Republic by the Mega Banks

At 6:33 a.m. this morning, this big, bold headline appeared at the very top of Bloomberg News web page: “How Dimon and Yellen Helped Secure $30 Billion Lifeline for First Republic.” This headline is part of a very long, highly questionable promotion of Jamie Dimon by Bloomberg News as the wunderkind of Wall Street banking.

03/17/23

Foreclosure Defense: What is in a word? EVERYTHING Living Lies

Foreclosure Defense: What is in a word? EVERYTHING

The abuse of words is an essential ingredient in any scam. The reason is that the listener or reader has a complex idea of a specific word.
By knowing that idea is in the head of the victim, the scammer can extract money and services, and even products from him or her.

  • Madoff used the word “investment” and people assumed he was investing.
  • Wells Fargo used the word “account” when the customer neither knew nor requested it. Everyone assumed that it was opening accounts at customers’ request and charging them fees.
  • Goldman Sachs used the word “loan” when they were actually using homeowner transactions as an event starting the issuance of securities – not the establishment of a loan account.

03/16/23

Errors in Court (foreclosure cases): Foundation and Business Records Living Lies

Errors in Court (foreclosure cases): Foundation and Business Records

Ultimately, the claim made against the homeowner must make commmon sense. But getting there requires litigation skills. But it is true that ANY lawyer that simply follows standard defense strategies can win these cases for homeowners. The key is always lack of foundation and hearsay objections. But the standard error being made in court consists of (1) overlooking the requirement of foundation testimony and (2) acceptance of printed reports as business records.

03/16/23

Nonprofit Alliance of Consumer Advocates helps Foreclosed Homeowner with Successful Surplus Trustee Sale Reversal NonProfit Alliance of Consumer Advocates

Nonprofit Alliance of Consumer Advocates helps Foreclosed Homeowner with Successful Surplus Trustee Sale Reversal

Melissa Rivera purchased her home in Pittsburg, CA with an FHA loan through Quicken Loans, Inc. on August 19, 2016. Still, she fell behind on her mortgage payments due to financial difficulties, her mortgage was modified on March 4, 2020, but the COVID-19 pandemic caused her to fall behind on payments again, leading to a Notice of Default, then a Notice of Trustee Sale.

03/16/23

The Next Bomb to Go Off in the Banking Crisis Will Be Derivatives Wall Street On Parade

The Next Bomb to Go Off in the Banking Crisis Will Be Derivatives

U.S. Treasury Secretary Janet Yellen finds herself in a very dubious position. Under the Dodd-Frank financial reform legislation of 2010, the U.S. Treasury Secretary was given increased powers to oversee financial stability in the U.S. banking system. This increase in power came in response to the 2008 financial crisis – the worst financial collapse since the Great Depression. The legislation made the Treasury Secretary the Chair of the newly created Financial Stability Oversight Council (F-SOC), whose meetings include

03/15/23

REPORT AND RECOMMENDATIONS TO NEW JERSEY SUPREME COURT RESURFACES AFTER SUBMISSION IN 2010: WHY ARE STATE SUPREME COURT IGNORING THE OBVIOUS IMPLICATIONS? Living Lies

REPORT AND RECOMMENDATIONS TO NEW JERSEY SUPREME COURT RESURFACES AFTER SUBMISSION IN 2010: WHY ARE STATE SUPREME COURT IGNORING THE OBVIOUS IMPLICATIONS?

In 2005, reports started surfacing about fabricated documents, forged documents, and back-dated documents being used to promote “foreclosure” remedies. This one w as issued and submitted to the Supreme Court of New Jersey in 2010. Like Florida and dozens of other states, the Supreme Court and lower appellate courts continued to ignore the most obvious conclusion: presumptions arising from such documents must be scrutinized and rejected if tested by the homeowner.

03/15/23

Moody’s Downgrades Entire U.S. Banking System; Credit Suisse Plummets. Welcome to Banking Crisis 3.0 Wall Street On Parade

Moody’s Downgrades Entire U.S. Banking System; Credit Suisse Plummets. Welcome to Banking Crisis 3.0

The “Related Articles” linked below (a tiny sampling of relevant articles) will remind our readers just how long and in how many different ways we have been attempting to warn that the U.S. banking system was incompetently structured and at risk of systemic contagion. We have also repeatedly warned

03/14/23

New York State is approaching critical mass in eliminating illegal foreclosures Living Lies

New York State is approaching critical mass in eliminating illegal foreclosures

the Foreclosure Abuse Prevention Act (A7737B), recently signed into law by Governor Kathy Hochul, is transformative legislation which may cause the dismissal of thousands of pending foreclosures with prejudice To the delight of court administrators, the changes will cause the permanent dismissal of thousands of foreclosures which have congested the civil docket over the past decade.

03/13/23

Why Homeowners Are Blocked From Access to the Courts Through Effective Counsel Living Lies

Why Homeowners Are Blocked From Access to the Courts Through Effective Counsel

Good trial lawyers will easily understand that they don’t need to prove fraud because it is not their client who is making a claim. They only need to test the evidence to show that there is insufficient evidence to support the inferences and presumptions raised by the current mountain of fabricated, forged, backdated, and robosigned documents (mostly by computers and machines).

03/10/23

How Bullshit Becomes Law: Circular logic in the courtroom snags homeowners almost every time. Living Lies

How Bullshit Becomes Law: Circular logic in the courtroom snags homeowners almost every time.

If you don’t know the rules, you can’t win the game. And remember, to the foreclosure mills and faux servicers and faux trustees”, this is all a game for which we pay every day as owners, taxpayers and consumers.
One of the interesting things about this is how much they get away with by NOT saying something. The affiant says something got mailed, but he doesn’t say that it was mailed by his employer, and therefore, he could not be relying upon ‘business records.”
But he MUST be relying on business records if the testimony for affidavit is to be accepted under the rules (laws) of evidence. Bank of N.Y. v. Morga, 2017 N.Y. Slip Op. 27107 (N.Y. Sup. Ct. 2017). So is he testifying about something he knows or suspects, or just reading from a piece of paper, the origin of which is a complete mystery to him? The inquiry leads to victory. Silence leads to defeat.
In addition, this underscores the problem with the way people and lawyers contest these false claims. By failing to contest the issues that rely on implied facts, homeowners admit them and make real (for legal purposes) that which is unreal. The goal is to stop the foreclosure — not put the opposition in prison.
This is why the QWR, DVL, and Complaint to the CFPB are so very important before filing anything in a legal proceeding.

03/10/23

What COVID Home Equity Repayment Plan Means For Lenders | Insights & Events JD Supra

What COVID Home Equity Repayment Plan Means For Lenders | Insights & Events

The Federal Housing Administration recently issued Mortgagee Letter 2022-23, establishing a new COVID-19 Home Equity Conversion Mortgage Property Charge Repayment Plan.[1]

03/09/23

Homeowners’ Rules of Engagement by Garfield Living Lies

Homeowners’ Rules of Engagement by Garfield

Just to reiterate the strategy I wish to promote (because it has been 65%-80% successful), the rules of engagement are as follows:

03/09/23

Homeowners Lose Millions to 'We Buy Houses' Investors Governing

Homeowners Lose Millions to 'We Buy Houses' Investors

A new report from the Nowak Metro Finance Lab at Drexel University examines the phenomenon of wholesale real estate investors targeting vulnerable homeowners in poor neighborhoods in Philadelphia.

03/09/23

HUD Issues Final Rule to Offer 40-Year FHA Loan Mods DS News

HUD Issues Final Rule to Offer 40-Year FHA Loan Mods

The U.S. Department of Housing & Urban Development (HUD) has published a Final Rule in the Federal Register its intent to increase the maximum allowable term for Federal Housing Administration (FHA)-insured loan modifications from 360 months to 480 months (40 months). The new rule will become effective Monday, May 8, 2023.

03/09/23

Housing Markets In California, Illinois, And East Coast Still Top List Of Areas Around U.S. More Vulnerable To Declines Attom Data

Housing Markets In California, Illinois, And East Coast Still Top List Of Areas Around U.S. More Vulnerable To Declines

IRVINE, Calif. — Mar. 9, 2023 — ATTOM, a leading curator of land, property, and real estate data, today released a Special Housing Risk Report spotlighting county-level housing markets around the United States that are more or less vulnerable to declines, based on home affordability, foreclosures and other measures in the fourth quarter of 2022. The report shows that inland California, Illinois, New Jersey, and Delaware continued to have some of the highest concentrations of the most-at-risk markets in the country, with the biggest clusters in the New York City and Chicago metropolitan areas. Southern and midwestern states remained less exposed.

03/08/23

U.S. Foreclosure Activity Declines Monthly In February 2023 But Continues To Increase Annually Attom Data

U.S. Foreclosure Activity Declines Monthly In February 2023 But Continues To Increase Annually

IRVINE, Calif. — March 8, 2023 — ATTOM, a leading curator of land, property, and real estate data, today released its February 2023 U.S. Foreclosure Market Report, which shows there were a total of 30,528 U.S. properties with foreclosure filings — default notices, scheduled auctions or bank repossessions — down 3 percent from a month ago and up 18 percent from a year ago.

03/08/23

Anonymous Tipster Points Out Resource Info in Support of My Articles Living Lies

Anonymous Tipster Points Out Resource Info in Support of My Articles

Without compromising my journalist credentials, I will simply say that the source is 100% reliable and the information is 100% confirmable. The person is well versed in the accounting and auditing of securitization transactions — and as far back as January 2006, the accounting profession was deeply aware of the inherent problems in the way that securitization was claimed to occur. BUT the accounting profession also saw the opportunity to collect exorbitant fees.

03/07/23

UNGUARDED: The Guardianship Program of Dade sells properties of ‘incapacitated’ people to a Miami realtor, who reaps big gains WLRN

UNGUARDED: The Guardianship Program of Dade sells properties of ‘incapacitated’ people to a Miami realtor, who reaps big gains

When Carlos and Racquel Rodriguez could no longer take care of themselves, the elderly couple from Hialeah came under the supervision of the Guardianship Program of Dade County.

03/07/23

The Reason Why Wall Street Opposes Cram-downs for Personal Bankruptcies Might Surprise You Living Lies

The Reason Why Wall Street Opposes Cram-downs for Personal Bankruptcies Might Surprise You

Recently Forbes published an article by John Wake entitled “Congress Could Have Prevented 500,000 Foreclosures During The Great Recession But Chickened Out.” Echoing what Elizabeth Warren and Katie Porter have been advocating for years, it points out that cramdowns best preserve real loans in which both sides take a hit, but neither side gets a windfall.

03/06/23

“Declarations:” that say nothing: Failure to challenge surrenders all of your rights to defend. Living Lies

“Declarations:” that say nothing: Failure to challenge surrenders all of your rights to defend.

In many cases, some “declaration” or “certification” is issued to support the attempt to achieve a successful result in foreclosure remedies. In none of those cases do the documents actually say anything, but if they are unchallenged, they will be accepted by the courts, admitted in evidence, and the case is effectively over.

03/03/23

Bank of America fights claims of discriminatory foreclosures Homeowners in Hawaii and Florida accuse the bank of scheming to foreclose on their properties, but the bank says they haven't offered clear evidence it had anything to do with the foreclosures. Courthouse News

Bank of America fights claims of discriminatory foreclosures Homeowners in Hawaii and Florida accuse the bank of scheming to foreclose on their properties, but the bank says they haven't offered clear evidence it had anything to do with the foreclosures.

HONOLULU (CN) — Bank of America defended itself Friday at a motion to dismiss hearing on claims the bank deliberately foreclosed on mortgage loans as part of an extensive conspiracy to maximize profits at the expense of people of color in Hawaii and Florida.
The eight lead plaintiffs in the class action, a majority of whom are people of color, say they have been or are currently being foreclosed on, some for nearly two decades. They first leveled racketeering and Fair Housing Act claims against Bank of America and The Bank of New York Mellon in a July 2022 complaint. Although a majority of the plaintiffs’ foreclosure actions occurred in Hawaii, the suit also includes several plaintiffs who went through foreclosures in Florida. Three of the five Hawaii plaintiffs are of Native Hawaiian descent and the three Florida plaintiffs are women of color.

03/03/23

New York lawmakers want to strengthen foreclosure protections Spectrum News

New York lawmakers want to strengthen foreclosure protections

New York lawmakers want to strengthen foreclosure protections for homeowners in parts of the state who are facing displacement due to tax liens on their properties. The lawmakers, state Sen. Kevin Thomas and Assemblywoman Helene Weinstein, have introduced a bill that would provide homeowners at risk of foreclosure due to tax liens the same protections as borrowers who are in residential mortgage foreclosure.

03/03/23

New Law, New Doctrine and Voir Dire of Judges in Bench Trials Living Lies

Are they really mortgage loans? Are they still mortgage loans?

It all comes down to this: ASSUME NOTHING, CHALLENGE EVERYTHING. THE TRUTH IS THAT YOU DON’T KNOW ALL THE ASPECTS OF THE TRANSACTION IN WHICH YOU EXECUTED “LOAN DOCUMENTS” AND YOU DON’T KNOW IF THEY WERE “LOAN DOCUMENTS”. YOU ONLY KNOW THEY HAD A LABEL ON THEM AND YOU WERE EXPECTING A LOAN. THEY WERE LYING THEN AND THEY ARE LYING NOW.

03/02/23

Are they really mortgage loans? Are they still mortgage loans? Living Lies

Are they really mortgage loans? Are they still mortgage loans?

Most of the long-standing transactions with homeowners were falsely dubbed as “mortgage loans.” And most of the false premises are compounded by additional false premises in the form of forbearance, modification, and other agreements that effectively change the name of the designated “lender” and conceal the absence of an unpaid loan account by many layers of “documents” that are fabricated, forged, backdated and robosigned.

03/02/23

Family shot in murder-suicide minutes before being evicted from foreclosed home, sheriff says Fox19

Family shot in murder-suicide minutes before being evicted from foreclosed home, sheriff says

CLERMONT COUNTY, Ohio (WXIX) - Investigators believe Theresa Cain shot her family members, killing three of them, just minutes before deputies arrived to serve them with eviction papers as they were removed from their foreclosed home, Sheriff Steve Leahy said Thursday.

03/02/23

Praying for a miracle: Non-profit sanctuary for farm animals faces foreclosure WLOS

Praying for a miracle: Non-profit sanctuary for farm animals faces foreclosure

YANCEY COUNTY, N.C. (WLOS) — A Western North Carolina animal sanctuary is on the verge of closing. 'Praying for a miracle:' Non-profit sanctuary for farm animals faces foreclosure The Blue Heart Sanctuary in Green Mountain has been in the business of saving animals for more than two decades.

03/01/23

In ‘Year Of Housing,’ Hochul’s Budget Leaves Out Anti-Foreclosure Program NY Senate

In ‘Year Of Housing,’ Hochul’s Budget Leaves Out Anti-Foreclosure Program

The governor’s proposed budget did not include funding for the state-run Homeowner Protection Program, or HOPP, a network of legal service providers and counselors aimed at preventing foreclosures. Program supporters say the omission ‘makes no sense’ as New York grapples with a housing crisis, which Hochul’s administration has centered as a policy focus this year.

03/01/23

Home foreclosures are ticking back up Axios

Home foreclosures are ticking back up

Home foreclosures have ticked back up over the past four months, according to data provider Black Knight. But don't be alarmed — they're still well below pre-2020 levels, and nowhere in the vicinity of the foreclosure crisis of 2008.

03/01/23

The COVID-19 National Emergency is Ending: Are mortgage servicers ready? JD Supra

The COVID-19 National Emergency is Ending: Are mortgage servicers ready?

On January 30, 2023, President Biden informed Congress that the COVID-19 National Emergency (the “COVID Emergency”) will be extended beyond March 1, 2023, but that he anticipates terminating the national emergency on May 11, 2023. The White House

03/01/23

How do you challenge illegal claims to administer, collect or enforce claims arising from transactions with homeowners? Nip It In the Bud! Living Lies

How do you challenge illegal claims to administer, collect or enforce claims arising from transactions with homeowners? Nip It In the Bud!

The basic idea is not to give a single inch. If you do, you lose. Don’t accept a single assumption or presumption as though it was really true. It isn’t. Always focus on what is missing.

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