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

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 

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.

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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

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 #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

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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FREE RESEARCH: Go to our home page and enter subject in search bar.

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.

Let us help you…

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Does a Different Statute of Limitations Apply to the Enforcement of Mortgages than to the Enforcement of Notes?

WELCOME TO THE FORECLOSURE HOUR

Your weekly national foreclosure talk show.
Listen in. Call in. Make your voice heard.

Rebroadcast of October 15, 2017 – Gary Dubin
Co-Host: John Waihee
Foreclosure Workshop #48:
Kipuhulu Sugar Co. v. Nakila — Does a Different Statute of Limitations
Apply to the Enforcement of Mortgages than to the Enforcement of Notes?

How to Create an Entirely New Financial System on the People’s Terms

“For a city to create its own public bank owned by the People and accountable directly to them, is to create an entirely new financial system on the People’s terms, which is the logical end-game of divestment. …

“By bringing banking under public control, so that the bankers that have the responsibility over our financial sector are accountable public servants rather than private casino gamblers, we can finally make progress towards a system that is legitimately, rather than superficially democratic.”

Same Old Story: Paper Trail vs, Money Trail (Freddie Mac)

Without full disclosure that these are not true traditional mortgages – but rather securities transactions, this is still (after nearly 20 years) an unconscionable corrupt scheme. Time does not make it less corrupt.

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Payment by third parties may not reduce the debt but it does increase the number of obligees (creditors). Hence in every one of these foreclosures, except for a minuscule portion, indispensable parties were left out and third parties were in reality getting the proceeds of liquidation from foreclosure sales.

The explanations of securitization contained on the websites of the government Sponsored Entities (GSE’s) clearly demonstrate what I have been writing for 11 years and reveal a pattern of illusion and deception.

The most important thing about a financial transaction is the money. In every document filed in support of the illusion of securitization, it steadfastly holds firm to discussion of paper instruments and not a word about the actual location of the money or the actual identity of the obligee of that money debt.

Each explanation avoids the issue of where the money goes and how it was “processed” (i.e., stolen, according to…

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The Role of Dynamic Dark Pools in Ponzi Schemes Masquerading as Securitized Loan Pools

Livinglies's Weblog

The bottom line is that there are no financial transactions in today’s securitization schemes. There is only fabricated paper. If you don’t understand the DDP, you don’t understand “securitization fail,” a term coined by Adam Levitin.

GET A CONSULT

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.

Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative:

954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions.

Purchase audio seminar now — Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense including 3.5 hours of lecture, questions and answers, plus course…

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Look at Freddie Mac Stacr Notes

Precisely the point! And who is Freddie Mac? The answer: A government agency (FHFA) run corporation seized under Bush claiming false pretenses and strangled under Obama. FHFA has ZERO judicial oversight and we can all look to the Pelosi Congress for creating an agency that usurps the balance of powers that preserves our liberty.

Livinglies's Weblog

Freddie Mac Structured Agency Credit Risk (STACR®) debt notes are unsecured and unguaranteed bonds issued by Freddie Mac whose principal payments are determined by the delinquency and principal payment experience on a STACR Reference Pool consisting of recently- acquired single family mortgages from a specified period.

GO TO LENDINGLIES to order forms and services

Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative:

954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions.

Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations. Presenters: Attorney and Expert Neil Garfield, Forensic Auditor Dan Edstrom, Attorney Charles Marshall and and Private Investigator Bill Paatalo. The webinar and materials are…

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US Bank “Owner Trustee” v Lopez; Ill 2d DCA Takes a Second Look and Vacates Foreclosure

When are we collectively going to stand up and assert these were never meant to be traditional mortgages?! These faux mortgage documents are intent to defraud the homeowners, shareholders and pension beneficiaries rather than legally inform the homeowners they were participating in a securities scheme. There are no laws governing quasi-securities transactions with no disclosure.

Livinglies's Weblog

The case shows that we are all continuing to be held under an umbrella that is blocking the sunlight. I’m happy that Lopez won the appeal. But the court still is not putting the pieces together.

GO TO LENDINGLIES to order forms and services

Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative:

954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a lot easier on us and yourself if you fill out the registration form. It’s free without any obligation. No advertisements, no restrictions.

Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations. Presenters: Attorney and Expert Neil Garfield, Forensic Auditor Dan Edstrom, Attorney Charles Marshall and and Private Investigator Bill Paatalo. The webinar and materials are all downloadable.

Get a Consult and…

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