A Pattern of Deception

“These and similar emails and memos show that Treasury and FHFA have not been truthful about their motives for agreeing to the net worth sweep. ”

Millions of families have faced foreclosure while merely responding to a government television ad promoting a fake HAMP scam. Homeowners were told to miss 3-4 payments in order to qualify “to apply” for HAMP. No one was informed that missing payments would put them in default and ruin their credit that in many cases had been nearly perfect.

Thrust into foreclosure costing thousands of dollars to hire an attorney and fight a judicial preconceived notion of a “deadbeat” (a term, along with liars loans actually referring to pretender lenders pushed on the media by the banks and the government), homeowners entered into a rabbit hole that in many cases has continued for nearly a decade.

Nearly 10 years after the GSE conservatorship and foreclosures abound, we learn that Fannie has been an intentionally concealed investor / real party in interest, damaging homeowners who should have been given modifications rather than thrown into a foreclosure mill. On top of this drama, it becomes common knowledge that in 2012 former President Obama instituted quarterly Net Sweeps of GSE profits made up of primarily foreclosure blood money to fund the Treasury and prop up Obamacare.

As a result of the conservatorship under the HERA Act, homeowners can’t directly sue the GSEs for their role in the fraudulent concealment as real party in interest in the foreclosure process. Due process issues abound in millions of wrongful foreclosures since 2008.

HOWARD ON MORTGAGE FINANCE

On July 19, Judge Margaret Sweeney unsealed 33 additional documents produced in discovery for the lawsuit brought by the Fairholme Funds in the U.S. Federal Court of Claims. They were made available to the public early last week.

Not surprisingly, the documents that attracted the most attention were those that contradicted the “death spiral” explanation given to the public and in the court cases by Treasury and FHFA as the reason for the net worth sweep. Excerpts from the new documents reinforced what had been apparent from evidence unsealed earlier: that Treasury and FHFA were fully aware that Fannie and Freddie were about to experience a surge in profitability well before the sweep was announced; that the sweep was imposed precisely to prevent the companies from retaining those earnings as capital, and that stripping the companies of their capital was viewed by Treasury as essential to achieving its goal of…

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CA 5th DCA: Magical Presumptions Are Not Enough

Like it or not, thank President Trump for the appointment of Justice Neil Gorsuch, a much needed “Rule of Law” judge. Judges in lower courts are more aware that decisions that don’t follow the law and end up in the U.S. Supreme Court have a greater chance of being overturned. BTW – so do the banks.

COMMON SENSE:
“In Yvanova, supra, the California Supreme Court inexplicably held that the homeowner can sue for damages for a wrongful foreclosure based upon false instruments and lack of authroity but that the homeowner could not stop the foreclosure itself. Far from being the last word on this subject, the doctrine is leaking badly all over the country. If a homeowner has a right to damages because the foreclosure should never have been conducted, then exactly how could the homeowner be prevented from stopping it in the first place?”

Livinglies's Weblog

Finally the courts are coming back to real law as opposed to invented doctrine designed to let the banks win. The significance of this case cannot be overstated.

Importantly, this case shows that a pro se litigant (without counsel) can win on appeal after being steamrolled in the trial court.

Get a consult and Chain of Title Analysis! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Hat tip to Attorney Charles Marshall
Wall Street is not going to like this decision. The Justices on the 5th DCA (CA) have returned us to basic law.
*
The financial institution convinced the trial court that
(1) it was, in fact, the beneficiary under the deed of trust,
(2) a properly appointed substitute trustee conducted the foreclosure proceedings…

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MERS and its “Parent” are trying to invade Oregon again, despite Supreme Court ruling!

Go deeper into the Swamp. Quarterly Net Sweeps of GSE funds are made up of Foreclosure blood money which is propping up Obamacare (since 2012). They won’t change their program because it was and is designed to encourage foreclosure. Churn and burn generating BILLION$ to feed the Treasury. Follow us on Twitter for more details.

Clouded Titles Blog

BREAKING NEWS — 

For those of you in Oregon, you should be writing your legislators, especially the ones who are trying to pass the following Senate Bill (968), which would put MERS back into legislative existence again in Oregon, despite the Oregon Supreme Court’s rulings in Niday and Brandrup:

SB 968 (Oregon trying to legislate MERS into existence again)

This just goes to show you that MERSCORP Holdings, Inc., who, along with several major banks, settled a $9-million lawsuit brought by Multnomah County, is now trying to do an “end run” to get itself legally back in the game, this time using the Oregon State Legislature.

It’s time to start “ramping up” against those sponsoring the bill!

Anyone want to retain a private investigator to dig up dirt on (taken from the top of the bill):

Senator JOHNSON, Representative OLSON, Senator HANSELL; Senators BAERTSCHIGER JR, FERRIOLI, Representatives BARKER, CLEM…

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Treasury Seeks Wall Street Input on Overhauling Watchdog

Where can we help with comments on this subject?! Contact the Secretary of Treasury – click HERE. Please maintain decorum.

We’ll achieve more from polite conduct and facts than from shrill resistance attitudes. Remember: “It’s nice to be important, but it’s more important to be nice.”

Livinglies's Weblog

  • Lobbyists in private meeting call for weakening super-watchdog
  • Trump has ordered Treasury report on rethinking risk panel
A pedestrian walks past the Wall Street subway station near New York Stock Exchange.

Photographer: Michael Nagle/Bloomberg

The Trump administration is letting the financial industry make its case that a super regulator set up to prevent a repeat of the 2008 crisis should be reined in.

At a closed-door meeting in Washington Thursday, lobbying groups for banks, securities firms and banks argued to Treasury Department officials that the Financial Stability Oversight Council should revamp its approach, according to people with direct knowledge of the topics discussed. Industry participants said the council should stop tagging companies as “systemically important,” a label that subjects them to greater scrutiny. The groups also want it to be easier for firms that have been called out as risky to escape the additional…

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Another PennyMac Crash! CA Case for Homeowner

Why are the CA courts afraid to publish these decisions? Ridiculous! It’s time to expose the corruption and pitiful slaughtering of our land titles and records.

Click HERE for a copy of the decision.

Livinglies's Weblog

American jurisprudence is clearly still struggling with the fact that in most cases the forecloser either does not exist or does not have any interest in the loans they seek to enforce. In virtually all instances PennyMac is acting in the role of a sham conduit while allowing its name to be used as the front for a nonexistent lender.

Such foreclosers use semantics and legal procedure to create and cover-up the illusion of “ownership” of the debt (the loan) and the illusion of having the rights to enforce the note bestowed by a true creditor. This case opinion is correct in every respect and it conforms with basic black letter law in all 50 states; yet courts still strive to find ways to allow disinterested parties to foreclose.

Get a consult and Chain of Title Analysis! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS…

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FDIC may revive three U.S. bank lawsuits over soured mortgage debt

Justice League

A federal judge granted the FDIC permission to revive lawsuits against Citigroup Inc (>> Citigroup), Bank of New York Mellon Corp (>> Bank of New York Mellon (The)) and U.S. Bancorp (>> US Bancorp) that he had dismissed last September, to recoup more than $695 million of losses on soured mortgage debt that a failed Texas bank once owned.

In a decision made public on Tuesday, U.S. District Judge Andrew Carter in Manhattan said the FDIC could try to show it still had legal standing to sue as the receiver for Austin-based Guaranty Bank, despite having transferred its claims to a “resecuritization trust” when it sold the debt in March 2010.

Read on.

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MERS Lacks Legal Authority and Public Accountability

Excellent overview of a sham concept set to nationalize our land records. It must stop!

Findsen Law

Harvard Amicus Brief on MERS

Some of the best quotes,

  • Mortgage servicing companies, banks, courts and government agencies have all expressed astonishment at the extent to which MERS database is inaccurate. (p. 24)
  • “Simply put, ‘MERS is the Wikipedia of land registration systems.’ Culhane v. Aurora Loan Services, 826 F. Supp. 2d 352 (D. Mass. 2011) aff’d, 708 F.3d 282 (1st Cir. 2013).” (p. 12)
  • Janis Smith, a spokeswoman for Fannie Mae, admitted Fannie Mae kept its own records and that “We would never rely on it [MERS] to find ownership.” Powell and Morgenson,
    supra p. 32. (p. 25)
  • Judge Jennifer Bailey, a circuit court judge in Miami stated of 60,000 foreclosures filed in 2009 in her court, “[A]lmost every single one of them… represents a situation where the bank’s position is constantly shifting and changing because they don’t know what the Sam Hill is going on in their files.” Transcript of Hearing on…

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Delaware Supreme Court rules Holder must prove it owns Note: Shrewsbury v. The Bank of NY Mellon

Livinglies's Weblog

The Delaware Supreme Court has ruled you must own note and mortgage in order to foreclose — which is what I have been saying for 12 years.  A lot of good that will do the millions of people who lost their homes to parties that did not have ownership of the note and mortgage.  The days of creating the illusion of standing are approaching their end-  but how about the families who were illegally foreclosed by parties who had no standing to do so?

http://www.delbizcourt.com/recent-news/id=1202792240324/Standing-in-Foreclosure-Actions-Requires-Holding-Both-Mortgage-and-Note?mcode=1202615314751&curindex=1&slreturn=20170606142623

In Shrewsbury v. The Bank of New York Mellon, No. 306, 2016 (Del. Apr. 17, 2017), the Delaware Supreme Court ruled that a mortgage assignee must be entitled to enforce the underlying obligation that the mortgage secures in order to foreclose on the mortgage.

The decision enforces that the mortgage holder in a foreclosure action must also prove that it owns the underlying note…

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Bank of NY Mellon v. Anderson: Standing must be Established

The truth is surfacing. Maybe we are returning to the Rule of Law – finally.

“Contrary to plaintiff’s contention, the mere attachment of a copy of the note to the verified complaint does not demonstrate that plaintiff had physical possession of the original note when the action was commenced (see generally Deutsche Bank Natl. Trust Co., 142 AD3d at 684-685), and thus is insufficient to establish standing.”

Livinglies's Weblog

In the Bank of N.Y. Mellon v Anderson, the New York Supreme Court Appellate court got it right by ruling that submitting an affidavit to support a motion is insufficient to establish standing when the affiant cannot swear they are familiar with the servicer’s record keeping practices and procedures.
The mere attachment of a copy of a note to the verified complaint also failed to demonstrate that the servicer had physical possession of the note when the action was commenced, and was ruled insufficient to establish standing.

If every court in the United States demanded proof of standing before a suit is allowed to proceed, foreclosures would come to a screeching halt.  It is concerning that the Bank of NY Mellon was able to proceed in the first place, and the decision says a lot about the lower courts abuse of erroneous presumptions and lack of concern for jurisdiction.

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NO TRUST ASSETS: In the eye of the storm

Livinglies's Weblog

This is one more nail in the coffin of false securitization: the only assets attributed to apparent “Buyers” were those related to and including servicer advances. By severing the investors from their positions as creditors, the banks were able to create the illusion that they — or their “originators”, brokers, nominees, fronts and sham operators — were the owners of the debt. NONE of the “transfers” of the “loan documents” involved a purchase and sale of a loan. NONE of the original “loan documents” referred to an actual transaction between the homeowner and the originator. That is because at the base of the paper chain was an entity that served only as a conduit for the paperwork and which had nothing to do with the advance of money to or on behalf of any homeowner. The paper trail and the money trail diverged the moment the loan papers were executed.

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