LIVING LIES: “But since hardly anyone persists, the banks continue to stonewall. Despite the fact that the foreclosure is a hoax, they win because homeowners either give up or don’t pay a lawyer enough money to really litigate the case for them. They want the result without paying for it. Our system doesn’t work that way…”
Source: What Aggressive Discovery Looks Like and What Eventually Happens to Stonewalling Servicers and Banks
LIVING LIES: “It’s complicated. Giving the investors money was a pay down of the obligation owed by the investment Banks, not the Borrowers. It didn’t change anything in the trust.
But that begs the real question. The trust never owned anything to begin with. The trust does not exist as a legal person under any law of any jurisdiction simply because there is absolutely nothing in it. Therefore there is no law that could or would support any claim on behalf of a REMIC trust as a claimant in bankruptcy, a Plaintiff in judicial foreclosure or a beneficiary in nonjudicial foreclosure.
Yes it is that simple. But getting there is difficult particularly when dealing with widely held misconceptions of the facts. And failure to raise the point might in effect give the lawyers for “the trust” judicial standing for the purpose of that action in court.”
Source: Actual Fiction and Legal Fiction: Why the Big Settlements Are Not Reducing Borrower Debt
LIVING LIES: “The bottom line is that every decision regarding payoff, collection, forbearance and foreclosure must satisfy the conditions of the alleged REMIC securitization.
The securitization is most often proffered in court in the form of a Pooling and Servicing Agreement (PSA) which in turn is supposed to have a Mortgage Loan Schedule (MLS) attached but the MLS is actually a fabricated document that didn’t exist when the PSA was created.
So if you want to settle a foreclosure, it must pass through several layers of approvals, and the authority for each level is in considerable doubt.”
Besides giving the obvious relief to many homeowners facing dispossession from their homes, this provides homeowners with a unique period of time in which they can prepare to confront the participants who are pursuing schemes of illegal foreclosures. While most foreclosures and evictions will be suspended don’t make the mistake of thinking they are cancelled.…
Source: Foreclosures and Evictions Grinding to a Temporary Halt
So the question of the day is this: After tallying all of the Wells Fargo scandals why would anyone, much less a judge, accept the facial validity of documents knowing that the source of those documents had engaged in a long-term pattern of conduct that involved falsifying documents?
Why would any judge not insist on actual proof instead of allowing Wells Fargo to make use of presumptions based upon the apparent credibility of documents?
Good questions. So Judge, you follow this – can you answer these questions honestly? Are you compromised? Is (or was) your own mortgage with Wells Fargo? Are you invested in “preferred” (betting against the American Homeowners) MBS?
There is nothing wrong with securitization. it has been the basis for capitalism for hundreds of years. You can argue about the flaws of capitalism but it is still the best system devised, so far, in human evolution. But theft is not capitalism.
Unfortunately the United States Supreme Court seems to be moving dangerously close the edge by allowing theft to prevail and the Securities and Exchange Commission is arguing with the court about it. For those concerned about the future of the country now i the time to start making calls to public figures and letting them know how you feel about this.
Source: Closely Watched Case on Disgorgement Could Have Effects on Foreclosure Litigation
Bottom Line: the consensus view that we are dealing with unpaid loans is false. There can’t be a default if all the players are getting paid and actually making money on the decline in the value of the loan data.
And those false pretenses included false or incomplete appraisals and other computations of viability of loans — a duty that is strictly put on the lenders (TILA) not the borrowers who as a matter of statute and public policy do not have the education, training skills or understanding of mortgage lending.
Source: In case you think I am making this stuff up….read this
On Thursday, the OCC banned former Wells Fargo CEO John Stumpf from the banking industry and fined him $17.5 million (13 million pounds) to settle charges he failed to put a stop to sales misconduct – the most it has ever secured from an individual. Among other former executives charged was retail banking head Carrie…
Source: Ex-OneWest Chief Surprises Wells Fargo With OCC Enforcement
Worth remembering.
In 2010, Meg Rehrauer, a J.D. Candidate at Northeastern University School of Law, wrote a memorable paper:
REGAINING THE WONDERFUL LIFE OF HOMEOWNERSHIP POST-FORECLOSURE DEFENDING HOMEOWNERS FROM EVICTION AFTER FORECLOSURE BY ATTACKING THE OWNERSHIP RIGHTS OF THE FORECLOSING ENTITY
It’s Christmas 2 years later and we’re still reeling in foreclosures and frauds committed by the banks because America is stuck in the portion of George Bailey’s dream as if he hadn’t been born.
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By Sydney Sullivan
For over a decade, American Homeowners have been fighting the corruption that stems from the banks to legislators and down through the judiciary… and all the way up to the top of the political chain. Mortgages and Notes were faux pieces of paper created after American Homeowners filled out Fannie Mae 1003 applications where their personal information and properties were sold into securitization/rehypothecation slavery before they signed the fake mortgage deals.
With this corruption grew tons of charlatans riding the gravy train at the expense of naive, sleepy homeowners and business owners who trusted their banks and Continue reading
