South Florida Attorney Evan M. Rosen asks “What’s Wrong with Florida’s Third District Court of Appeal? “

Stop dancing. Pull the judges’ financial disclosure statements. Then cross search EVERY mutual fund and investment with “MBS”, “Fannie” and then GSE. Either they’re conflicted or total idiots…so then push to get them off of payroll.

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By Samantha Joseph

Fort Lauderdale attorney Evan M. Rosen is criticizing a state appellate court  — via news release  — in a move that seems to flirt with breaking Florida Bar rules against impugning the integrity of judges.

Frustrated over the adjudication of foreclosure cases, Rosen issued a news release Thursday asking, “What’s wrong with Florida’s Third District Court of Appeal?”

“Sometimes things just need to be said,” Rosen told the Daily Business Review. “This is a story that needs to be told.”

Rosen, a Florida attorney since 1997, issued a 15-page document complete with a statistical analysis of foreclosure opinions from Florida’s five district courts of appeal. It shows Miami’s Third DCA outpaces its counterparts in ruling against homeowners sued by their lenders.

He said he’s spent years compiling appellate rulings from across Florida to create a database of…

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Servicer’s don’t want Payments they want Defaults

Dirty paper, dirty tricks! We’re all sick and tired of it. Let’s get real here folks – it’s not just Citibank and it’s probably not Citibank at all. It is likely that all roads lead to the fraudulently concealed Fannie Mae and Freddie Mac – along with their ol’ pal …U.S. Treasury.

Livinglies's Weblog

By J. Guggenheim

Servicers don’t want to modify.  They don’t want to short-sale, and they don’t want to allow you to refinance. In fact, the sole objective is to use whatever means are necessary to take one missed payment and leverage it into a future default while piling on the penalties and fees to erode all of your equity.  The service wants your house and they will lie, steal, forge and fabricate documents if required.

We have a client at Lendinglies who received a loan modification in 2010 and completed all three payments as agreed by the repayment plan offered by CitiMortgage. According to CitiMortgage, the agreement was done “in-house” and required no outside approval.

After receiving the modification the couple proceeded to renovate the entire home while complying with the monthly payments.  Once they had fully restored their home and made their last payment, they let friends know they…

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It’s the Rules of Evidence Stupid: 25 Ways in Which Foreclosure Attorneys Are Knowingly Committing Fraud on Our State and Federal Courts

Sunday, February 4, 2018 – 3 PM HST
(Rebroadcast from June 14, 2015 – Its Super Bowl Sunday – everybody deserves a day off now and then)
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.

Not very long ago lenders filing foreclosure actions merely went into court filing affidavits that a borrower was behind in mortgage payments, offering into evidence virtually no specific documentation, not even a loan payment accounting known as the “loan general ledger.”

Notwithstanding whatever evidentiary challenges borrowers might have made previously, unlike in other areas of American Law, foreclosure judges would merely take a foreclosing plaintiff’s printed word for it. Continue reading

Federal Reserve Replaces Board Members at Wells Fargo

Justice League

It’s about time…

The Federal Reserve on Friday ordered Wells Fargo & Co. to replace four of its board members and face restrictions on its asset growth.

The Fed’s order limits growth in the firm’s total consolidated assets beyond levels reported at the end of 2017, unless it receives prior approval from the regulator.

The bank will also replace three current board members by April and a fourth by the end of 2018, the Fed said in a press release.

“We cannot tolerate pervasive and persistent misconduct at any bank and the consumers harmed by Wells Fargo expect that robust and comprehensive reforms will be put in place to make certain that the abuses do not occur again,” Fed Chairwoman Janet Yellen said in a statement about what will likely be her last major act in charge of the Fed’s governing board. “The enforcement action we are taking today will…

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How Do You Fix SEC Broken Windows? The answer is – you can’t!

By Richard Bowen

The Securities and Exchange Commission (SEC) has recently announced it is discontinuing their enforcement program requiring admissions of wrongdoing and the prosecutorial approach they were supposedly taking after the 2008 financial crisis. Steven Peikin, co-director of the SEC’s enforcement division, said the SEC would drop the “broken windows” strategy of pursuing many cases over even the smallest legal violations, and may also pull back from trying to make some companies admit to wrongdoing as a condition of settling with the SEC.” 

Remember in 2013, under Mary Jo White’s leadership, the SEC announced it would make companies and individuals admit wrongdoing as a condition of settling civil charges in certain cases. Continue reading

Christiana Trust/Wilmington Savings Crash and Burn on Standing and More

“Times they are a changin’…”

This is paper laundering (same as money laundering) trying to confuse the true ownership identity, a faulty chain of title and failures to properly & physically transfer the paperwork – and in most cases, you will find Fannie or Freddie concealed in the background calling the shots as the ultimate investor.

Plaintiffs should have to sign an affidavit that this loan was a final SALE, not a pledge, nor participation in rehypothecation and that no underlying agreements have been executed in relation to this loan and other parties at any time. It should be a federal crime to conceal the true ownership of the debt or to participate in a paper laundering scheme devised to create fraud on the court.

Fannie and Freddie have allegedly sold loans in bulk to 3rd parties (likely to get the debt off their books and create an image of healthy corporations). Where are the assignments? And what are the underlying agreements? How much of the sale that the third party recovers do the GSEs collect? Is it a case of, “here’s the loan mortgage schedule – whatever you sell Fannie gets X%” and the 3rd party pays the legal fees rather than buy the loans outright for value?

Everything else they do is crooked – why would this be any different?

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Florida 4th DCA Opinion:

In this mortgage foreclosure case, the underlying mortgage was passed around like the flu, giving rise to a complexity of ownership that frustrated the appellee’s attempts to demonstrate standing at trial. To the answer brief, the appellee attached a chart of the ownership lineage of the mortgage and note, with different types of arrows pointing in all directions, a valiant effort which demonstrated that the transfer history here defies pictorial representation.

Let us help you prepare your narrative (blue print) for litigation: 202-838-6345
Get a consult and TEAR (Title & Encumbrances Analysis and & Report) 202-838-6345. The TEAR replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps). to schedule CONSULT, leave message or make payments. It’s better than calling!

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Deutsch Bank National Trust Company Was Crushed in Texas in 2015. Why isn’t anyone listening?

Lying lawyers?! How unusual. Judges are beginning to tune-in, maybe they feel they can now. Maybe judges don’t think foreclosure blood money should be used to prop up Obamacare either, or that Fannie & Freddie should be held in unnecessary captivity any longer.

Livinglies's Weblog

When a judge looks carefully at the record, the bank loses. The use of Deutsch’s name in the style of the case still shows that Judges are considering the Plaintiff to be the named “Trustee” instead of the named (or named, which is frequently the case) Trust. In fact the Trustee has nothing to do with foreclosures. In this case the Judge wrote the following:

“Judgment (for the homeowner for declaratory relief) was based on findings and conclusions that Deutsche Bank had failed to prove chain of title back to the original lender, now defunct. The sole proof on which the bank relied — a purported assignment from “MERS as nominee for the lender, its successors and assigns” — was held void, because the assignor did not exist when the document was signed.

“Deutsche Bank’s first argument is based on a misrepresentation of the trial record. [i.e. the lawyers were…

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Fact Check: Robo-witness knows nothing

Are we not yet clear on the distortion of nemo dat? Lay the ground work and pop the $11 Trillion dollar question. “Is this loan encumbered by (a GSE) either Fannie, Freddie and/or the U.S. Treasury?” None of which have appeared before the court or the homeowner in any form since the inception of the loan or their engagement in participation. Deception runs deep as the servicer has, in many cases, stated to the homeowner, “sorry, you can’t get a HAMP modification because you are not a Fannie or Freddie loan” …when in fact it is.

A securitized trust operates from the basis of an electronically transferred “mortgage loan schedule” spreadsheet in a computer file. Not a physical cardboard box of papers. The trust is not a physical store, it’s a computer file.

The attorneys filing the foreclosure for the trust are hired by the servicer(s) who work for usually Fannie or Freddie. The foreclosure attorneys know that the GSEs select and approve the attorneys the servicers hire and that they front for the GSEs. The attorneys hired by the servicer know that the GSEs are intentionally concealed. They also know there are back room rehypothecation agreements with the trusts, and they also know that the trusts may no longer exist or have been paid off.

The reason the trusts are still fronting for the GSEs and/or the Treasury is because the paperwork surrounding the loans and property titles are a mess. And because the fraud on the courts and the debt is so massive that the GSEs and Treasury don’t want the taxpayers, shareholders or Congress to get a grip on the overall debacle.

Reportedly, America has “$11 TRILLION” in MBS debt” – $5 TRILLION is said to be held by the GSEs and the rest by the Treasury. How, when the universe of mortgaged American homeownership is only about 100 million properties – much of which is in “affordable” housing, did the debt become so exorbitant? Do the math.

Livinglies's Weblog

Information is admitted in evidence only after a proper foundation has been laid. If the witness knows nothing about the foundation the evidence should not be admitted as evidence. Appellate courts will usually reverse a trial court’s error in ruling on evidence UNLESS the appellate panel decides that the error would not have made any difference in the outcome. The fundamental fact at the root of all foreclosures is that the homeowner owes a debt to the foreclosing party and has not paid.

In the passage below a witness supposedly employed by US Bank displays a lack of personal knowledge on anything that would contribute to foundation for establishing the standing of the foreclosing party. I have inserted in brackets the significance of each answer of an actual witness in a court proceeding.

Let us help you prepare for deposition or trial: 202-838-6345
Get a consult and TEAR (Title &…

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What you don’t know could hurt you: Google censoring documents for the Banks?

Good advice.

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Chung v. CitiMortgage Fraud

By J. Guggenheim

Today, while researching an old CitiMortgage case where an employee committed perjury and CitiMortgage admitted to document fabrication (entitled Sun Ae Chung v. Just Mortgage Inc., Federal Home Loan Mortgage and CitiMortgage) the case disappeared and was no longer available.  This time last year, the case was readily available on three separate links that google immediately located,  but today the case was no longer available with a general google search.  Luckily, years ago I had copied the links, and downloaded the case- or I might never have found it.

This isn’t the first time while researching a lender, especially CitiMortgage and Bank of America, where cases, documents and county records have disappeared from google.  It is evident that the banks are unduly influencing google to remove any document that could adversely impact one of the big banks or assist a homeowner.

At LendingLies…

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Don’t get Grinched by opportunistic Servicers

Here is a map where the majority of states allow you to record phone calls with only one party (you) knowing that the call is recorded.

It’s much easier to write your follow-up letter if you have a recorded conversation to work from – and most attorneys advise to write the servicer a follow up letter, especially when a recording might not be admissible in court. Keep all your correspondence, including statements organized. If you are unorganized in everything else in your life, make your mortgage loan your priority in organization. The correspondence you keep, may save your home.

Livinglies's Weblog

 The servicer convinced the couple that a  “deed in lieu of foreclosure” would provide a fast solution. This option allowed the homeowners to give the servicer a deed to the home, saving them the expense and time of going through the foreclosure process.
In this case, the borrowers were asked to release any claim for a deficiency in return for $3,000 through a “cash for keys” offer to defray the cost of moving.

The couple proceeded to move out by the deadline agreed…

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