Foreclosure Sales: When Does a Debtor Lose the Ability to Interfere with the Sale?

Bankruptcy-RealEstate-Insights

In re Vertullo, 593 B.R. 92 (Bankr. D. N.H. 2018) –

A mortgagee that sold a chapter 13 debtor’s home in a prepetition foreclosure auction but had not yet recorded a foreclosure deed sought relief from the automatic stay in order to evict the debtor. In the meantime, the debtor filed a plan that proposed to cure the prepetition mortgage defaults and continue payments. The bankruptcy court had to decide whether the mortgagee had completed the foreclosure sale within the meaning of the Bankruptcy Code and whether the debtor retained sufficient interest in the property to allow her to exercise a right to cure the mortgage defaults.

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AMERICANS AGAINST FORECLOSURES ( AAF ) EVIDENCE OF JUDGES ON THE TAKE IN UNLAWFUL FORECLOSURES?

American Homeowners have known for over a decade that lower court judges were either in over their heads when it came to securitization/rehypothecation foreclosures, incapable of deciphering rule of law, or protecting their personal portfolios where much of their mutual funds investments are loaded with worthless UNREGULATED DERIVATIVES.

AXJ USA NEWS

AMERICANS AGAINST FORECLOSURES ( AAF ) EVIDENCE OF JUDGES ON THE TAKE IN UNLAWFUL FORECLOSURES?

Apparently the worse nightmare for over 2mm homeless families as a result of unlawful foreclosures has just come true. Judges might have been on the take and not objective according to a recent testimony by a Judge in Florida.

Americans Against Foreclosures ( AAF ) has decided to join the independent international civil and political rights Organization known as Actions for Justice ( AXJ ) to investigate and get to the bottom of it. www.aaf.news

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Securitization is NOT a “Traditional Mortgage Loan” Operation

The securitization/rehypothecation scheme relies on USPTO patents to make the corruption appear to be legal and approved by the federal government. Are “traditional mortgages” new inventions? Where are the laws for these quasi-securities transactions? If they don’t exist, are these transactions even legal? Remember, American Homeowners had no disclosure that their properties were being gambled on Wall Street – over and over and over.

Deadly Clear

Securitization is a relatively new innovation given the operation of the traditional mortgage loan industry over the last 70 years.

What is routinely overlooked is the fact that this entire new process and product development has been patented in the USTPO extensively by the banks. The loans that were sold at the turn of the century through present day are NOT traditional mortgage loans. This fact is further complicated because there was no meeting of the minds when the contracts were formed. Additionally, there are multiple defects that should literally void documents or cause defective products to be recalled.

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Tonight! Facial Invalidity! Russell Baldwin, Esq. Rejoins the Discussion 6pm EST

These were and still are securities transactions with no disclosure to American Homeowners. SEC Rule 10b-5. Not only invalid but fraudulent – the worst Ponzi scheme in the history of the world!

Livinglies's Weblog

SubTopic: What Happens if MBS Are Not Backed by Mortgages? How does that play out in foreclosure litigation?

Thursdays LIVE! Click in to the Neil Garfield Show

Tonight’s Show Co-Hosted by Neil Garfield and Charles Marshall, Esq. 

with Bill Paatalo, PI

And Special Guest Russell Baldwin

Call in at (347) 850-1260, 6pm Eastern Thursdays

Russ Baldwin has some special insights into a continually developing area of foreclosure defense — what if the presumptions are being applied when the document is not facially valid. When the document requires extrinsic evidence to identify parties or their authority and the extrinsic evidence is neither attached nor identified, is the document facially valid?

I say no it isn’t. If you wrote out what appeared to be a check for a sum of money made payable to a party who could only be identified by reference to a power of attorney or trust agreement, the…

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Short Videos on “The Men Who Stole the World”

Like all of us if you are here, you have asked for the last decade, why? Why were bank mortgage patents made with a focus on foreclosure? Why was HAMP a scam? Why didn’t Homeowners get bailed out instead of the banks? Why can’t judges see the fraud & corruption. Here’s a start to the answers we are all searching for. This is not a conspiracy theory – this is truth and you will know it in your gut when you hear this. https://youtu.be/6cYZ8dUgPuU

Livinglies's Weblog

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.

The Men Who Stole the World and got away with it

It says they are trailers but I can find no final production.

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Data Breach Reveals Tech Players in Storage and Manipulation of Documents

Livinglies's Weblog

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 have vanished or still exist with data breaches allowing anyone to view tens of millions of mortgage loan files on servers that, among other things, change the images to documents in which the writing can be changed or lifted to create another document.

My take is that this information was released to portray the banks as victims or perhaps negligent instead of acting intentionally to fabricate, alter or change documents for different purposes.

see Data Breaches at Unknown Companies

So what is being portrayed as a data breach might be a contrived plan to distract attention from the ongoing activities that lead to (1) illegal sales of “mortgage-backed securities” that are not actually backed by mortgages, (2) illegal sale of loan products that…

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Identity Theft, Mers and Other Issues: Great Post from James

For those of you just recently waking up – this is worth the repeat & ReTweet.

“WHO OWNS YOUR HOUSE????
The scenario reflects my personal experience with Wells Fargo Bank over the last several years. After banking with them for over 16 years, I realized that I was a victim of identity theft, which was controlled and perpetrated by the bank.”

Livinglies's Weblog

James

Henderson, Nevada
Editor’s Comment: At the heart of the entire mortgage meltdown is identity theft by the banks and investment banks. They take your identity, merge it with the identities of thousands of other people and sell it to investors under false pretenses leaving you holding the bag not knowing who to pay or if you still owe anything after the insurance, bailouts and cross collateralization.)

Ripoff Report Verified Safe

Who owns your house???
Forecasting the future of any market whether it’s real estate or the stock market requires good financial analysis and a little bit of luck. Not if you are on the MERS Bandwagon, the real estate market changes every the day…. Even the Past..

The Mortgage Electronic Registration System, asset backed securities and trustee deed foreclosures are the name of this game. First In………First Out………….! In Clark County Nevada, (Las Vegas) and Maricopa, Arizona, an average…

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Tolling the Statute of Limitations by Initiating Administrative Processes

Livinglies's Weblog

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) you are starting an administrative process. One could argue that while you were in that process the statute of limitations on certain claims should be tolled.

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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 or check us out on www.lendinglies.com. Order a PDR BASIC to have us review and comment on your notice of TILA Rescission or similar document. LendingLies provides forms and services regarding initiating administrative processes including Qualified Written request, Debt validation Letter, Complaint to State Attorney General…

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The Securitization Debacle – A U.S. Pension Shortfall: $3.4 Trillion+ [$3,400,000,000,000]

People are wondering why unions are dwindling – it’s because of the securitization/rehypothecation scheme targeted unions to invest in their UNREGULATED DERIVATIVES,.while Congress has done nothing to stop it. Union busting? Globalism? Agenda 21?

Deadly Clear

By Sydney Sullivan

Shortfall. Unfunded. Underfunding. Sounds like a minimal pension issue – however, it is anything but that. You may have heard the words “shortfall” when your state refers to it’s government budget or pension plan; and, if you are young (say, under 40), you’ve probably not given it a second thought. Just so you know “shortfall” is defined as “a failure to come up to expectation or need” and at 40 it seems like there will be plenty of time and ways to make up a shortfall… not so much when you are 60.

If you’re like many Americans, you’re worried about retirement. Maybe before the new century securitization scheme was launched, a “shortfall” might have been more easily explained and handled. But after 2000, the Wall Street securities system ramped up and took deficits to a new high while lining the pockets of Wall Street traders. How did this happen?

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Example of Homeowner Winning in Sarasota Florida

“But it is often true that neither the assignor of the mortgage nor the previous “holder” of the note actually owned the debt nor were they authorized representatives of any party who could claim ownership of the debt, note or mortgage. Accordingly, no effective transfer occurred as to the debt, note or mortgage.”

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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

For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank in a foreclosure case in Sarasota, Florida.

The bank was attempting to foreclose on a loan modification, which is not a negotiable instrument. [e.s.] See Bank of New York Mellon v. Garcia, 2018 WL 3286488 (Fla. 2d DCA 2018). The bank contended that it had standing to foreclose on the loan modification by an assignment of mortgage. However, the assignment of mortgage did not transfer the note, but only the mortgage. An assignment of mortgage that only assigns the note, not the mortgage, does not convey standing to the Plaintiff. See Peters v…

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