Ten Major Myths vs Realities in Foreclosure Litigation

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

John and I were discussing on past shows the increasing yet frustratingly slow changes in favor of homeowners taking place today in foreclosure litigation in many States, particularly in Hawaii which developments we highlighted on last week’s show.

Mainly responsible for all of these changes are shifting public and judicial attitudes regarding the archaic unfairness of an ancient common law foreclosure system, largely inherited from English law. Listen HERE if you missed the show.  Continue reading

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Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights

Coming on tomorrow at 3:00 pm HST.

Deadly Clear

October 14, 2018

TODAY’S SHOW HAD TO BE CANCELLED DUE TO AN EQUIPMENT MALFUNCTION AT THE AM RADIO STATION THAT SENDS OUT OUR SIGNAL TO THE WORLD. ALL OF OUR SHOWS ARE BROADCAST LIVE FROM OUR LAW OFFICE TO THE RADIO STATION WHICH TRANSMITS OUR SIGNAL.

AS A RESULT, THIS SUNDAY’S SHOW WILL BE BROADCAST NEXT SUNDAY, OCTOBER 21, 2018.

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 #70: Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights, Which New Published Opinion Should Become a Model for Every State Judiciary

I have mentioned on numerous shows that the federal courts are generally…

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200 Million of the Most United Group of Americans in the United States – Wrongful Foreclosure American Homeowners

By Sydney Sullivan

Judicial ActivismFor all the talk about a divided America (mostly political that we shy away from on the DC blog), there is a HUGE group of people that can collectively agree we were screwed, smeared, and denied due process in courts that failed to follow the Rule of Law. This is the massive population of American Homeowners.

The majority of over 84 MILLION families were unwittingly lured into a corrupt Wall Street securities scheme that cost them their clear title properties and in some cases their lives or the lives of their loved ones. American Homeowners can easily collaborate and identify with each other because the same crimes were committed over and over on each of them. Talk about a united, cohesive bunch of people – we are the American Homeowners! Continue reading

Fake Evidence and False Representations

“Here is the truth: no lawyer at any foreclosure mill ever gets a call or even an email from the named foreclosing party nor anyone else. Instead it is all automated in the loose meaning of that word.” USPTO patented automation.

Livinglies's Weblog

Foreclosure defense litigants usually find themselves in a fog of questions they can’t answer. That is because the banks are using a tactic that I have called “step-over.” If they can’t prove an essential element of a case they step over it and pretend it was already established before.

ADMIT NOTHING. ASSUME NOTHING.

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 consultation 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 WITHOUT ANY OBLIGATION. OUR…

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BRUCE JACOBS IS FIGHTING BANK OF AMERICA!

“Jacobs said he was stunned to learn through discovery in another case more than a year later that Bank of America had ordered SourceCorp to purge its records.

“And what I found out later is that as I’m going though that whole process, Bank of America has ordered SourceCorp to do a military-grade purge of all of their records, everything: 1.88 billion objects of data, metadata, encryption keys,” he said.”

Well, guess if destroying evidence works for Hillary Clinton, why not BofA? Jacobs ought to ask NSA for help. The way things are going these days, NSA, China and/or Russia probably have all the original BofA meta data, emails, texts messages and inter-office memos in their systems. Wouldn’t that be a kick?!

Clouded Titles Blog

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Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights

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

Foreclosure Workshop #70: Bank of America v. Reyes-Toledo (October 9, 2018) (Reyes-Toledo 2) — Hawaii Supreme Court Frees Hawaii Homeowners from Decades of Wrongful Federal Judicial Interference with Their State Court Foreclosure Defense Rights, Which New Published Opinion Should Become a Model for Every State Judiciary

I have mentioned on numerous shows that the federal courts are generally a virtual graveyard for homeowners being foreclosed on, and I meant that as no exaggeration.

For I have been an eye-witness advocate to decades of the mindless arrogant slaughter of homeowners’ rights in federal courts, generally ignoring Truth-in-Lending rescissions, ignoring loan modification abuses, ignoring the lack of good faith and fair dealing in nonjudicial auctions, ignoring the adequacy of notice pleading, and ignoring the many fraudulent and undisclosed low visibility practices within MERS and REMIC securitized trust paper hocus pocus mumbo jumbo. Continue reading

Not So Innocent: Transfer of Servicing Rights

When we receive the “new servicer” letter maybe in our QWR we should request the name of the loan boarding person (it should be readily available on the software platform) for our records. It could prove invaluable at some later date.

Livinglies's Weblog

Fundamental questions:

  • How can a “trust” change trustees without consent of the Trustor and/or beneficiaries? Is this statement true: The position of being a Trustee for a REMIC Trust is a salable, transferrable commodity that can take place without the knowledge or consent of the Trustor or the Beneficiaries? Hence were all those changes in Trustees void or invalid and who has standing to complain about it? If there is no Trustor and there are no beneficiaries it isn’t a Trust so no consent from the trust is required. That still leaves open the question “if not the trust, then who?”
  • How can a “trust” change servicers without the consent of the Trustor and/or beneficiaries? Is this statement true: Servicers can decide amongst themselves as to who will be designated the “servicer” on performing and non-performing loans without the consent and knowledge of the creditor. The corollary is that homeowners…

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MERS HAS A NEW OWNER … THE SAME BUNCH THAT OWNS THE NYSE!

May they all go south together.

Clouded Titles Blog

(BREAKING NEWS — OP-ED) — 

It’s official and still under investigation (by me) … but the reasons that the author of this blog post wrote the book Clouded Titles goes to the very core of an argument I made ages ago, siding with various law professors and legal minds in the world of foreclosure defense:  MERS cannot be trusted to be a reliable source for the truth!

Now it has been announced by multiple news pieces within the financial sector that Intercontinental Exchange, Inc. (“ICE”) has announced that it has acquired ALL of MERSCORP Holdings, Inc.’s assets, namely, the MERS® System and everything that goes with it.

ICE also announced that it has moved all of the MERS® System’s operations to its data center in Mahwah, New Jersey.  ICE acquired the New York Stock Exchange in November of 2013.

You’re probably all wondering why this happened.  In one short statement…

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Wells Fargo banking unit probed for employee fraud: Report

“Workers in the bank’s wholesale unit added or changed personal information including birth dates, Social Security numbers and addresses for people associated with its business clients in 2017 and early 2018, according to The Wall Street Journal, which cited people familiar with the matter. At the time, the unit was pressed with regulatory deadlines, including one related to anti-money laundering controls.”

Justice League

The Department of Justice is probing Wells Fargo’s wholesale banking unit for fraud in the wake of reports that employees adjusted corporate customers’ information on documents without their knowledge or consent, The Wall Street Journal reported Thursday.

Workers in the bank’s wholesale unit are said to have added or changed personal information including birth dates, Social Security numbers and addresses for people associated with its business clients in 2017 and early 2018. At the time, the unit was pressed with regulatory deadlines, including one related to anti-money laundering controls.

The DOJ is said to be investigating whether management influenced employee actions, people familiar with the matter told the Journal, looking to see whether there is a pattern of behavior when it comes to management pressure.

Read on.

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Boarding Process is a Legal Fiction

EXHIBIT A: “1. Plaintiff, Ditech Financial, LLC (“Ditech”), formerly Greentree Servicing LLC, appears to have willfully violated this Court’s order to produce training manuals. The training manual produced on November 16, 2017, now appears to show that Ditech’s standard business practice does not verify prior servicer’s records for accuracy before boarding loans.

2. The training manual produced appears to show that Ditech’s witness, Christopher Ogden (“Mr. Ogden”), gave false testimony in an effort to introduce the prior servicer’s records into evidence under false pretenses.

3. On June 28, 2017, Mr. Ogden appeared for deposition, gave evasive and incomplete answers, and refused to turn over training materials upon which he relied to give his testimony about the loan boarding process and the creation of business records to be submitted in
evidence at trial under the business records exception to the hearsay rule…”

Livinglies's Weblog

Here is a case in which the court ordered certain parties and witnesses and lawyers to show cause why they shouldn’t be held in criminal contempt for lying to the court about the boarding process.

I don’t have time to do more than tell you to read it if your case involves DiTech, Greentree or Ocwen.

Notable reference: more than 1.4 million boarded loans at Ocwen with no checking for errors.

see 2017_11_20-Order-to-Show-Cause-Why-Ditechs-Witness-and-Ditechs-Atty-Should-not-be-Held-in-Indirect-Criminal-Contempt-of-Court

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