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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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?

Continue reading

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.” Continue reading

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.

Livinglies's Weblog

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.

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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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“It’s the Rules of Evidence — Stupid” (Part Two): 10 More Ways To Avoid Being Blindsided by Dishonest Foreclosure Attorneys

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

For decades State and Federal Courts throughout the United States have been robotically applying one set of evidence rules to foreclosure cases and another set of evidence rules to all other civil cases.

Those who have been listening to our radio show know why, because the Courts until recently have applied the traditional mortgage lending model of the neighborhood banker, oblivious to how the hidden secondary securitized trust banking system works. Continue reading