GUTTING THE UNDERBELLY OF THE BEAST – PART 8

Yes, we want justice. We also want President Trump and Congress to recognize the Wrongful Foreclosure War on Homeowners. We want the entire securitization/rehypothecation process thoroughly investigated, audited and recognized for what is is: unlawful premeditated securities transaction with no disclosure to homeowners and frankly, failure to provide full disclosure to investors.

Clouded Titles Blog

(OP-ED, first posted: September 22, 2018) — 

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

In the segment numbered “Part 7” of these successive posts, there was a boatload of case law wherein judges did the right thing.  As you probably noticed from reading In re Wilson, it involved improper reporting of the posting of payments (all while the foreclosure was still being commenced).  Another case (M & T Bank v. Smith) involved multiple manufactured promissory notes (after the fact) that could have not possibly happened the way the…

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MA Appellate Court Tells Chase They Can’t Sit on Two Chairs With One Ass

Great headline!
“Chase knows that the so-called underlying loans does NOT include ownership of the debts.” How about that!

Livinglies's Weblog

As Charles Marshall just quoted to me “it’s always refreshing when you find a judge who follows the law.”

Chase can’t say that the Trust owns the loan since 2006 and that the loan was owned by WAMU in 2008. It can’t be both. And it can only be one allegation that survives — the “first sale.”

Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult.

I provide advice and consent to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out the REGISTRATION FORM. A few hundred dollars well spent is worth a lifetime of financial ruin.

PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORM 

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Bank of America issues apology to Spring Hill family after account closure

Justice League

Bank of America has issued an apology to Spring Hill resident Benjamin Atria Aguirre following the closure of his checking account amidst allegations of discrimination, saying that it was simply a case of “human error.”

Atria Aguirre noticed on August 29 that his checking account was inaccessible. He was not notified until August 31 that his checking account had been closed, and that a check with the remaining balance had been sent in the mail.

Atria Aguirre’s checking account was fully restored on September 4, however, as it was near the end of the month, the closure caused some difficulties in paying mortgage and bills. Bank of America has said they will cover any late fees Atria Aguirre incurred because of the account closure.

It wasn’t until a friend of Atria Aguirre forwarded him a news articlethat detailed reports of other Bank of America customers having their accounts closed…

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How to Deal with the “Free House” Bias

Livinglies's Weblog

If you are dealing with a bias held by most judges the only effective way of dealing with it is to meet the challenge head-on. If you dance around it it looks like you are trying to “get off on a technicality.”

Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult.

I provide advice and consent to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out the REGISTRATION FORM. A few hundred dollars well spent is worth a lifetime of financial ruin.

PLEASE FILL OUT AND SUBMIT OUR FREE REGISTRATION FORMWITHOUT ANY OBLIGATION. OUR PRIVACY POLICY IS THAT WE DON’T USE THE FORM EXCEPT TO…

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[UNREGULATED] DERIVATIVE COMPLAINT – Blackrock, Pimco Sue U.S. Bank Over Trustee Roles

By Sydney Sullivan

The main focus on The Foreclosure Hour this week, Blackrock & PIMCO, et al v. U.S. BANK NATIONAL ASSOCIATION, was so powerful it deserves to be highlighted. As usual legal protocol, the Plaintiffs’ claims are accepted by the court to be true. For example, the next move for the Defendant might be to file a motion to dismiss, a court must accept all well-pleaded facts as true, viewing the facts in the light most favorable to the plaintiff.

WARNING: The contents of this complaint is likely to make certain foreclosure judges with hefty Plaintiff hedge funds preferred shares in their investment portfolios extremely nauseous.

Plaintiffs Blackrock & PIMCO and a multitude of subsidiaries, affiliates, associates, closely related and closely held companies for each sued U.S. BANK NATIONAL  ASSOCIATION for BREACH OF CONTRACT; VIOLATION OF THE TRUST INDENTURE ACT OF 1939; BREACH OF FIDUCIARY DUTY; BREACH OF DUTY OF INDEPENDENCE; AND NEGLIGENCE. 

Sheila Bair Had a Plan to Make Banks Pay for Dishonest Dealing Causing the 2008 Crash

Livinglies's Weblog

Sheila Bair (ex FDIC Chairwoman) has always understood. She was fired for understanding. It’s hard to understand that the TBTF banks were NOT speculating and never lost any money. Harder still to understand how they stole trillions of dollars from the US economy. And finally harder still to understand how “lenders” could cause a crash.

It’s really quite simple. Usually prices and values are within the same range. Fair market value has always been closely related to the ability of people to pay for housing — i.e., household income. Prices rise when demand becomes high OR, and this is the big one, when the big banks flood the market with money.

Like the 2008 crisis if you look at the Case Schiller Index, you will see that prices went through the roof by unprecedented increases while fair market value was flatlined. The crash was thoroughly predictable and was predicted on…

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Wells Fargo to lay off 638 mortgage lending employees

Justice League

The big bank announced this week it is laying off 638 mortgage employees in California, Colorado, Florida and North Carolina, according to an article written by Hanna Levitt for Bloomberg.

The bank’s latest earnings report indicated it continues to struggle following its fake accounts scandal. Not only did the bank report a lower net income, its latest earnings report shows that although originations are increasing, it is still struggling with mortgage banking revenue.

Affected employees were informed of the upcoming layoffs on Thursday. Employees will be eligible to receive pay and benefits through Oct. 21, the company said.

However, employees unable to find another position within the company may be eligible to participate in the Wells Fargo salary continuation plan for separation benefits based upon the number of years of service with the bank, according to Wells Fargo’s SVP of Consumer Lending Operations Tom Goyda.

Read on.

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BREAKING NEWS – GEORGIA INVESTOR GETS $3.5-MILLION + COURTESY OF THE 11TH U.S. CIRCUIT APPELLATES!

Great case. For those of you that don’t know, Ocwen bought Homeward Residential a few years ago.

Clouded Titles Blog

(BREAKING NEWS) —

You gotta love this!  It was even a jury award and Taylor, Bean & Whitaker was involved!

Focus on what Jane did (without Tarzan) … and shellacked Homeward Residential too!

McGinnis v American Home Mtg Svcg Inc, 11th App Cir No 14-13404 (Aug 22, 2018)

Study this 21 pages!  It’s full of “nuggets”!

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THE FHFA IS A CONSERVATOR … NOT A RECEIVER, COURT RULES!

What have we been saying for at least 8 years?! Now, add this little tidbit. The HERA Act, which governs FHFA, was created by Congress AGAINST the constitutional balance of powers specifically eliminating the judicial branch. If you don’t think this was by intentional design – think again.

Just like the CFPB, judicial review is specifically exempted. Without the balance of powers, agency directors can become more powerful than the President & Congress. It begins the slippery slope to deteriorating our LIBERTY.

Congress has given Cart Blanche to the banks to steal our properties through the process of securitization/rehypothecation and MERS by the very entities involved in the creation of the overt corruption. And you can’t sue them unless you want to sue the government. How miraculously convenient?!

Clouded Titles Blog

(BREAKING NEWS, OP-ED) —

For those of you who might have missed this Memorandum and Order out of Rhode Island (whose courts typically favor the banks and their servicers), you may wish to read this 19-page ruling:

Sisti v FHFA et al, US D. R.I. No 17-005 (Aug 2, 2018)

The FHFA attempted to get a judgment on the pleadings, which the court denied!   While this isn’t much of a setback, it does make clear a few potential misconceptions about Fannie Mae, Freddie Mac, the FHFA, the FDIC and the mortgage loan servicers who deal with these entities:

THE BUCK STOPS WHERE?

(1) Following the subprime mortgage crisis, Congress passed the Housing and Economic Recovery Act, which created the FHFA (Federal Housing Finance Agency), giving it the power to supervise and regulate Fannie Mae and Freddie Mac (the government-sponsored entities, or GSEs). The FHFA pretty much has complete control…

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Hacker v. Homeward Residential; M&T Bank v. Plaisted; and U.S. Bank Trust v. Barbier — Ten Strategies for Defeating Foreclosure by Objecting to the Admissibility of Business Records as an Exception to the Hearsay Rule

WELCOME TO THE FORECLOSURE HOUR

Your weekly national foreclosure talk show.
Listen in. Call in. Make your voice heard.

Your Host: Attorney Gary Victor Dubin
with
Co-Host:  Former Hawaii Governor John D. Waihee 

Foreclosure Workshop #65: Hacker v. Homeward Residential; M&T Bank v. Plaisted; and U.S. Bank Trust v. Barbier — Ten Strategies for Defeating Foreclosure by Objecting to the Admissibility of Business Records as an Exception to the Hearsay Rule

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Three especially noteworthy judicial decisions occurred this week: (1) Hacker, appeal decided 8/16/18 in the California Court of Appeal, Second Appellate Division, (2) Plaistead, appeal decided 8/16/18 in the Supreme Judicial Court of Maine; and (3) Barbier, motion for summary judgment orally decided 8/15/18 in the Second Circuit Court in Hawaii on the Island of Maui.