While fishing for bank-related patents this gem surfaced and jumped into the net. At first it wasn’t apparent it was a keeper because the UETA issue has not been in the forefront of foreclosure defense. However, taking the time to dissect the document it became apparent that, as some of us have suspected, there is a mandatory methodology from the origination of the mortgage loan on a trip to the securitized trust that includes the EXPLICIT CONSENT of the obligor (homeowner).
Yup… The road to securitization needs an electronic record that the “issuer” aka the “obligor” has explicitly consented to at the time of origination. Yeah, ya think maybe that was the real intention of MERS aka Mortgage Electronic Registration Systems, Inc.? But it looks like it didn’t have all its ducks in a row. This is a lot to digest – but you need to know and understand this information in order to plead your case correctly before the courts. Continue reading →
Pro Se Plaintiff Deborah Beaton filed a Complaint against JPMorgan Chase wherein Defendant Northwest Trustee Services, Inc. (“NWTS”) joined in a Motion to Dismiss with Chase. In her Second Amended Complaint (SAC), Beaton alleges three causes of action:
(1) Violation of the Federal Debt Collection Practices Act (“FDCPA”) against NWTS,
(2) Incomplete Indorsement/Chain of Title, and
(3) violations of the Washington Deed of Trust Act (“DTA”).
USDC Honorable Richard A. Jones gave Beaton her causes of action (1) and (2) against the defendants’ Motion to Dismiss… and the beat goes on! Continue reading →
Who Forced BLOOMBERG TERMINAL To Shut Down ALL Audit Service Providers? Can You Say Tortious Interference?
A couple of weeks ago forensic auditors and attorneys ran into the Bloomberg Terminal iceberg when Bloomberg Terminal (a securities stock searching software program) locked them out of the loan finding program [LFND]). Without warning Bloomberg Terminal shutdown access to the loan searching program that had been used by numerous companies to research securitized trusts and the loans within in them. It appears too many loans had been found in trusts when the servicers were claiming ownership. What better way to stop the truth than to try to sink the ship?
A landmark decision was made this week in Culhane v. Aurora in the United States Court of Appeals For the First Circuit without a complete set of facts set out before what appears to be its clueless judges.
The case decision, an APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS was to some degree based on the merits of standing answering the question: “Whether a mortgagor has standing to challenge the assignment of her mortgage — an assignment to which she is not a party and of which she is not a third-party beneficiary — is a matter of first impression for this court.” Continue reading →
Never let it be said that where there is big money invested, there won’t be crooks in the kitchen. It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.
An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?
It appears the signatures are in the computer – no dummies needed to sign – just fill in the Continue reading →
Oh Pleeese, who does Ben Bernanke think he is kidding?! Congress has the ability to say, “Don’t buy bad debt.”
The stock market surged today because the Federal Reserve announced it was going to take $40 Billion of our tax dollars per month “until further notice” and buy inflated, defective, fraudulent mortgage-backed securities (MBS) indefinitely from the banksters.
Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not. As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).
The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and Continue reading →
Joe and Grace Barroga have been fighting foreclosure and a fraudulent assignment of mortgage since last year when they discovered a fraudulent, robo-signed Mortgage Electronic Registration Systems, Inc. assignment of mortgage made in 2009 by U.S. Bank National as Trustee for RFMSI Series 2006-SA4 Trust – a GMAC securitized loan trust. The Barrogas, like millions of other “responsible” homeowners, fell prey to for the defective Obama HAMP program that allowed banks to default good homeowners that asked for a modification. They are scheduled for eviction on Monday, May 14th.
How many times have you seen opposing counsel argue in a Motion to Dismiss that MERSCORP, Inc. should not be a Defendant in the lawsuit? They allege, for example: “Plaintiffs do not allege that they had any dealings with Defendant MERSCORP, nor that Defendant MERSCORP is a party to or drafted any of the documents relative to their loan, or took any action against them?” Well, folks – MERS and MERSCORP, Inc. are apparently one-in-the-same… it appears to be a “dba” at best…. New evidence, anybody? [Ed. note: I stand corrected referring to the comment below; not even "dba" is adequate. SeeAMERICA WHOLESALE LENDER v. PAGANO stating,"We conclude that, because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case." Check your state and local case law.]
Behind the collapse of the economy in the U.S. and around the world is the massive loss of pension and retirement funds belonging to government employees, union workers and corporate 401k beneficiaries – these were the “investors” in the securitization fraud stemming from the unregulated derivatives. Hordes of lawsuits have been filed by investors against Wall Street banks, but it’s pretty obvious the money is gone. Continue reading →