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.”

Livinglies's Weblog

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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THE SYSTEM OF THINGS IS IN PLAY IN ORANGE COUNTY, FLORIDA!

“Some foreclosure defense attorneys have taken clients’ money and done nothing.” Ain’t that the truth?!

Clouded Titles Blog

(BREAKING NEWS — OP-ED) — URGENT!      URGENT!      URGENT!       

The author of this post is relaying the latest information as it’s coming to us out of the court record as it relates to the way “the system of things” is supposed to operate.  This is for your educational benefit as it shows where the judge did the right thing! 

(ORLANDO, FLORIDA) — A Florida Circuit Court Judge has put the brakes on a foreclosure sale by setting an evidentiary hearing after a Motion to Vacate was filed by the homeowner’s attorney and an emergency meeting was held to determine the legal objections of an attempt by Nationstar Mortgage LLC and the real party in interest (Fannie Mae) to steal a property belonging to Jonathan Mack, the defendant homeowner in this case.  I am not simply regurgitating the excitable phone call I received early this…

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Solving the Puzzle: Settlements with Homeowners Are Rising

With this government shutdown, the least Congress could do is call a moratorium on foreclosures and evictions. Maybe President Trump should make an executive order since Congress isn’t doing their job??

Livinglies's Weblog

Hat tip Michael Bazemore

It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties.

The typical pleading asking the court to dismiss the case will read as follows:

IT IS HEREBY STIPULATED by and between Plaintiff X and Defendant Y that pursuant to [Federal][State] Rule of Civil Procedure (41(a)(2) [Federal] this action and all causes of action contained therein shall be dismissed with prejudice.

It is further Stipulated by and between Plaintiff and Defendant that each party shall bear their own costs and attorney fees associated with this action.

The parties are submitting a proposed order of dismissal concurrently with this Stipulation.

I took that wording from a case involving a homeowner asserting rights, among other things, that…

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UPL, FELONY PERJURY: THE UNINTENDED CONSEQUENCES OF DOCUMENT MANUFACTURING!

Clouded Titles Blog

OP-ED — The author of this post is a consultant to attorneys on chain of title issues and the system of things. This is not legal advice but rather an exploration down a path that few even think to travel. 

“I was just doing my job.”  

What kind of response do you think you’d get from a robosigner in a deposition when asked how they prepared or executed a recorded assignment?

Part of what I have not discussed in my series on GUTTING THE UNDERBELLY OF THE BEAST is what might inadvertently happen when documents are manufactured by third-party or servicer document mills with the intended purpose of causing them to be recorded in the land records to give standing to a plaintiff in an upcoming (or current) foreclosure case.  For all intents and purposes, the documents were recorded to give some sort of legal force and effect, right?  …

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SCOTUS Oral Argument Illuminates the Main Question in Foreclosures: What are the roles of the parties?

Livinglies's Weblog

Two days ago in the case of Obudskey v McCarthy and Holthus LLP the  Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA).

The argument for including the law firm pursuing foreclosure was presented by DANIEL L. GEYSER, Esq. in a case that started in Texas.

In the course of reading the oral argument and comments by the court it is clear that everyone is struggling with defining the roles of each of the players in foreclosure.  The fact that such a struggle exists is a testament to the credibility of arguments raised by homeowners that claimants are misrepresenting their roles and capacity to pursue foreclosure or at least on dubious ground for claiming any rights in relation to the subject debt. While the SCOTUS ruling could go any number of ways, the fact that…

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Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide

Livinglies's Weblog

Yesterday’s article was about a paradigm shift at the Florida Supreme Court that flipped, for the most part, law that prevented homeowners from being granted attorney fees when they won their foreclosure cases.

Today (hat tip to Greg Da Goose) I received an article published by Burr Forman (bank lawyers) that admitted that the ruling was surprising and also projected that the ruling could have far reaching implications under various proceedings and laws.

seehttp://www.burr.com/2019/01/07/blogs/consumer-finance-litigation/Florida-Supreme-Court-Reverses-Fourth-DCA-on-No-Standing-No-Fees

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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.

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…

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Subprime lending under a new name targeting veterans?

Congress needs to get their collective head out of their a**, stop resistance BS, and start making some laws to protect our citizens and military from the corruption they have allowed for over 2 decades. Get on it, or GET OUT!

Justice League

Eric Kandell is making his pitch to veterans. Wearing a red T-shirt, with the words “Low VA Rates” emblazoned across his chest, he looks fit and muscular, as if he had stepped off an Army base himself. In this YouTube video and others, he tells current and former service members how they can take tens of thousands of dollars in cash out of their homes. They can pay off credit cards, remodel a kitchen, install a swimming pool, or travel to Las Vegas. “Do whatever you want,” he tells them. “Imagine your home is like an ATM.”

Kandell is targeting borrowers from the U.S. Department of Veterans Affairs mortgage program. He’s the 43-year-old president of a company whose very name is a come-on: Low VA Rates LLC. It’s among the lesser-known financial outfits dominating the business of selling cash-out VA mortgage refinancing, which totaled $41 billion worth of new loans over…

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Student Loan Defense Not Much Different Than Foreclosure Defense

Forgive student loans and demand the government must consider mortgage forgiveness. Homeowners were SMEARED by the banks before the crash to hide the fraud.

Livinglies's Weblog

see NLRG Defending Student Loan Claims

First let me say there ARE differences. But mostly you are dealing with the same or similar issues. Who actually made the loan? Who actually owns the debt? Do they have the paperwork or are they faking it? Can it be discharged in bankruptcy?

http://www.nlrg.com/legal-content/the-lawletter/contracts-investigating-and-defending-against-student-loan-claims

One lawyer wrote in to me saying that, like the mortgage cases, the opposition can’t produce the note. Despite protestations to the contrary, this is highly indicative that the loans were sold into the secondary market and then claimed as assets of a trust that most likely did not exist, had no beneficiaries, no trustee (with powers of a trustee), and had no trustor or settlor. The contributing lawyer stated that so far he has not lost a single case.

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1099-C Received from “Servicer”

Livinglies's Weblog

My personal take on this is that borrowers who receive this form for “forgiveness of debt” should probably send a letter or form of contest to the IRS stating the objection to the filing of the 1099-C. The objection or contest should state, in most cases, that this has been filed by a party who had no right, title or interest in the loan and that the form is not indicative of any final resolution of the debt, which is owned by third parties unrelated to the filer.

One of  my favorite legal research firms just published a short blurb on the subject:

The Lawletter Vol 43 No 7 Charlene Hicks—Senior Attorney, National Legal Research Group

To date, no consensus has been reached among courts throughout the United States on the question as to whether a creditor’s issuance of an IRS Form 1099-C results in the extinguishment of the reported…

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