The Big Lie.

It’s time for the foreclosure defense arguments to evolve. These contracts are not traditional mortgages. They are, and continue to be, securities transactions without any disclosure to homeowners. Secreted securitization is bad enough; however, hidden rehypothecation, not only from the homeowners but also the courts, is a process of wiping out our national land records and title system – an unprecedented destruction of our liberty.

Banks now want to split the mortgage and wait 20 years until the original contracts become due – so they can assert foreclosure on the property (the securities transaction) while all along risking the collateral in rehypothecation deals. A scheme where they continue to rack up debt with other people’s assets.

Now is the time to put an end to the misery of these disingenuous contracts. They were more than mutual mistake – they were frauds upon the America taxpayers, shareholders and homeowners.

Deadly Clear

Can't cheat an honest manIf you are asking yourself ‘why are judges ruling against homeowners when they know the banks scammed them?’ Then you need to understand a judge’s most basic insight into the human condition is that it is impossible to con an honest man.* It is larceny lurking in the soul of its victim that is preyed upon. What does that mean?

The mortgage deals were too good to be true – but the homeowners believed it to be the truth… because they wanted it to be and it all boils down to making “easy”  M-O-N-E-Y.

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NY Monroe Case: Default entered against homeowner — CASE DISMISSED on Standing — US Bank Never refiled.

Wow!

Livinglies's Weblog

multiple choice robo-pleading

NO PLEADING: HOMEOWNER WON ANYWAY

I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named as a REMIC Trust, for which the attorneys claim that US Bank is the Trustee.

As such the Plaintiff does not own nor have any interest in the loan either as owner or servicer. Hence the named trustee (U.S. Bank) is named but it has nothing to do since the trust is nonexistent and in all events no attempt has ever been made to entrust the subject mortgage into the fiduciary hands of U.S Bank.

And THAT is because the only party with an equitable interest in the debt is a group of investors whose money…

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Pay Attention! Look at the money trail AFTER the foreclosure sale

It just keeps rollin’ on…

Livinglies's Weblog

My confidence has never been higher that the handling of money after a foreclosure sale will reveal the fraudulent nature of most “foreclosures” initiated not on behalf of the owner of the debt but in spite of the the owner(s) of the debt.

It has long been obvious to me that the money trail is separated from the paper trail practically “at birth” (origination). It is an obvious fact that the owner of the debt is always someone different than the party seeking foreclosure, the alleged servicer of the debt, the alleged trust, and the alleged trustee for a nonexistent trust. When you peek beneath the hood of this scam, you can see it for yourself.

Real case in point: BONY appears as purported trustee of a purported trust. Who did that? The lawyers, not BONY. The foreclosure is allowed and the foreclosure sale takes place. The winning “bid” for…

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DeadlyClear Transitioning to New Domain Host

Same Name – New Host for Domain Name

Not to worry – DeadlyClear and it’s related email accounts are transitioning to a new domain hosting company. There may be some email interruption for 24-48 hours; however, the DeadlyClear WordPress site is unaffected. To enter the DeadlyClear blog use https://deadlyclear.wordpress.com/ for now. The http://www.deadlyclear.com address should be available in a day or two.

Messages can be sent via the temporary CONTACT page on the header. As soon as the transition has completed the CONTACT page will disappear.

Thank you for your patience and understanding.

Sydney & Vp

Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

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

Foreclosure Workshop #61: Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

For centuries, one of the most important yet confusing concepts in American Law has been that of the “standing” of a party to pursue claims and defenses in court.

Without “standing,” claims and defenses will be dismissed in court, which makes “standing” one of the most powerful weapons in foreclosure litigation especially.

Foreclosure defense concepts by themselves have traditionally remained confusing enough, as our listeners know, varying from jurisdiction to Continue reading

How Much “Bias” and “Stand Down” Was Ordered Concerning the TBTF Banks During 2008-2016?

By Sydney Sullivan, Co-Editor and Contributing Researcher

An interesting post by Richard Bowen on June 21, 2018, The DOJ report: Another Political Hot Potato? brings up very significant questions.

Mr. Bowen writes, “Department of Justice (DOJ) has yet to prosecute any of the major players responsible for the 2008 financial crisis. I think we need to ask if bias was responsible here as well.”

Hopefully, folks are following “[T]he Justice Department’s report on the FBI’s handling of the Clinton email scandal and other actions in advance of the 2016 election is already a political hot potato,” as Mr. Bowen begins his post.

“The report has President Trump supporters saying “Told ya so” and the general public questioning how the DOJ and the FBI runs its departments. And rightfully so. Continue reading

The Rise and Fall of Securitized Trusts: Eleven Future Strategies To Dismantle Them in Their Retreat

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

At first, securitized trusts received obedient kowtowing from the American Judiciary, unwittingly deceived by, if nothing else, their long impressive titles including in their names the names of otherwise past respected financial institutions supposedly acting as their trustees.

And when securitized trusts, starting with the mortgage crisis of 2008, began their unending wave of foreclosures, they did so exclusively as mortgagees, since state foreclosure laws have always been written to exclusively authorize foreclosures on traditional mortgages only and not in favor of the holders of promissory notes. Continue reading

Why Zombie Houses? Local government budget deficits

Too expensive to maintain or resell? Think logically. How about the fact they can’t sell the property because they do NOT have clear title which makes another sale a liability? Even a tear down is saleable for a price – and let’s face it – “something” is better than nothing. But selling something you don’t legally own and delivering bad paper might be considered criminal. Selling properties within the syndicate (GSEs) is not the same as to the general public. Judges should get their heads wrapped around this.

Fannie and Freddie, under the FHFA federal government agency, are standing outside the foreclosure courts while plaintiff banks and servicers fake foreclosures and sales to “sell” them [back] to the GSEs. Astute judges know the foreclosure paperwork, bank affidavits and declarations are flawed – just as the banks, their attorneys and GSEs do. Does this meet the Conscious Avoidance standard? Google the criminal standard.

Livinglies's Weblog

The appearance of zombie homes and the destruction of hundreds of thousands of them thus destroying entire neighborhoods and subdivisions illustrates a fundamental truth about the foreclosure tidal wave that hit in 2007-2008: the banks didn’t care about the property, they just wanted the record to reflect a foreclosure sale. This alone represents probative evidence that the banks, pretending to act as intermediaries, were actually players in an illegal scheme wherein they were working against both investors and borrowers.

Local governments have been missing the mark in nearly every case. Instead of challenging the lenders as having committed multiple violations of state, county and municipal law including initiating false foreclosures forcing the burden of loss onto the restricted budget of local governments, they are following in the footsteps of pretender lenders and foreclosing on their tax liens, from which they gain nothing in most cases. Were they confront the banks…

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Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial

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

(Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

This important broadcast, first exclusively airing on The Foreclosure Hour on July 17, 2016, is being repeated because homeowners are still largely under-using this powerful weapon against foreclosure, given the sloppiness and dishonesty of loan servicers, although it is available in virtually every mortgage and deed of trust situation.

John Waihee and I are pleased to have heard from many of our listeners that since that first Continue reading

Fla 2d DCA: HELOC Instrument Not Self-Authenticating Article 3 Note

Livinglies's Weblog

Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow.  And that is the point here. They came to court without evidence and in this case the court turned them away.

Florida courts, along with courts around the country, are gradually inching their way to the application of existing law, thus eroding the dominant premise that if the Plaintiff is a bank, they should win, regardless of law.

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GO TO LENDINGLIES to order forms and services. Our forensic report is called “TERA“— “Title and Encumbrance Report and Analysis.” I personally review each of them for edits and comments before they are released.

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