Payment History as Exception to Hearsay Rule

A recent decision from the 1st Circuit of the U.S. Court of Appeals applying FRE 803(6) states the current law — whether you like it or not. Pretending these decisions don’t exist or trying to avoid them is both pointless and highly likely to undermine your credibility in any other narrative or argument. Note that…

“Simply stated the transaction history will be admitted into evidence every time — UNLESS the borrower disputes their content and demands a hearing on truthfulness of the foundation testimony in which the magic words are spoken, as set forth in the Federal Rule and virtually all state court rules.”

Source: Payment History as Exception to Hearsay Rule

Help! I need somebody! How to convince an attorney to take your foreclosure case

We are inundated with requests for help. We will try to get to each request in timely fashion but in the meantime perhaps this post will be of some assistance. Most people start off by bringing to us a case that is already in progress. But for those whose case is just starting this article…

Source: Help! I need somebody! How to convince an attorney to take your foreclosure case

Great Article Summarizing Securitization Risks

We didn’t see rehypothecation (pledging, re-using, hypothecating) mentioned in my Mortgage or Note, did you? We certainly wouldn’t have agreed to that either.

Risks and rewards have increased as collateral is rehypothecated, i.e., used by lenders for their own purposes. Such leveraging allows lenders to become borrowers. Mark-to-market practices, shorting and rehypothecation thus increase risks for the financial system. [e.s.]”

see http://www.ipsnews.net/2019/06/financialization-promotes-dangerous-speculation/ This was originally hailed as a brilliant financial innovation as US Fed chair Alan Greenspan believed that CDOs transferred risk from banks to investors able and willing to take it on. But securitization not only increased systemic risks, but also did not reduce risk to the originating banks who had sold off the loans.…

Source: Great Article Summarizing Securitization Risks

BANKS GET SCREWED TOO BY NOT FOLLOWING PROCEDURE!

“It’s nice to have an attorney who pays attention. It’s not so nice when homeowners have to sue their attorney for malpractice for either (a.) dropping the ball for not paying attention; or (b.) blatantly promising to do something and then failing to do it.”

Clouded Titles Blog

(BREAKING NEWS — OP-ED) —  The poster of this blog is a consultant to attorneys on chain of title matters and thus does not render legal advice. The matters opined in this short post are those of the author of this post and only reflect what educational value is offered.

Was it really clerical error or weren’t the attorneys for the bank paying attention to detail?

The rules of civil procedure affect not just homeowners (many of who choose to represent themselves pro se) but they also affect financial institutions whose attorneys “drop the ball”.  In this case, the homeowners (even though it’s asserted they were in default) took their civil procedure matter all the way to the Maine Supreme Court … and won an affirmation on their judgment on the pleadings!  Don’t you love it when that happens?   See the ruling below (it’s only 9 pages…

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UPDATE: DITECH BANKRUPTCY INFORMATION

Clouded Titles Blog

(BREAKING NEWS) — Here’s the latest posting on Ditech’s bankruptcy action (for those who are affected):

Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’

See … not ALL courts give in to these bastards!

Also … understand that this viewpoint is being given credence from the “other side” and the way IT thinks!

Know thine adversary whilst thou art in the way with him!

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No the Mortgages Are Not Securities, But the “Certificates” Do Not Qualify for Exemption As “Mortgaged Backed”

For those straining to find a way to categorize mortgage loans as securities I offer this based upon my licensing, training and experience as a Wall Street Broker and Investment Banker and as an attorney who has practiced law, including securities law for over 42 years. You are climbing the right tree but you are…

Source: No the Mortgages Are Not Securities, But the “Certificates” Do Not Qualify for Exemption As “Mortgaged Backed”

Not all courts are ignoring the law. Some are ruling for homeowners based upon basic premises contained in my articles

Total hat tip to Bill Paatalo There are two takeaways of major significance here. Review of electronic records is not review of original records.

Possession of note does not mean that debt was paid for or transferred. https://law.justia.com/cases/new-york/appellate-division-third-department/2019/526630.html

We’re getting closer and closer to the truth when the high courts begin to demand and require…

Source: Not all courts are ignoring the law. Some are ruling for homeowners based upon basic premises contained in my articles

AMERICAN HOMEOWNERS: CALL FOR A MORATORIUM ON ALL FORECLOSURES IN 2019!

It’s no surprise that states with the highest number of foreclosures and evictions have overwhelming homeless problems – why can’t politicians figure this out?! Click HERE and sign this petition for a MORATORIUM on foreclosures and STOP the banks from using our properties to prop up their institutions.
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Right in Front of Our Eyes: Black Knight and U.S. Bank

“Systems at LPS/Black Knight include data processing on virtually all residential loans subject to claims of securitization many of which are represented by data on the MERS  Platform which is a workaround to hide separate split transfers of the debt, the note and the mortgage or deed of trust.”

Source: Right in Front of Our Eyes: Black Knight and U.S. Bank