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Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

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

Foreclosure Workshop #61: Capital One v. Peck and Gilliam v. Bank of America — Unraveling the Ancient Mysteries Behind Contemporary “Standing” Disputes in Foreclosure Courts

For centuries, one of the most important yet confusing concepts in American Law has been that of the “standing” of a party to pursue claims and defenses in court.

Without “standing,” claims and defenses will be dismissed in court, which makes “standing” one of the most powerful weapons in foreclosure litigation especially.

Foreclosure defense concepts by themselves have traditionally remained confusing enough, as our listeners know, varying from jurisdiction to Continue reading

How Much “Bias” and “Stand Down” Was Ordered Concerning the TBTF Banks During 2008-2016?

By Sydney Sullivan, Co-Editor and Contributing Researcher

An interesting post by Richard Bowen on June 21, 2018, The DOJ report: Another Political Hot Potato? brings up very significant questions.

Mr. Bowen writes, “Department of Justice (DOJ) has yet to prosecute any of the major players responsible for the 2008 financial crisis. I think we need to ask if bias was responsible here as well.”

Hopefully, folks are following “[T]he Justice Department’s report on the FBI’s handling of the Clinton email scandal and other actions in advance of the 2016 election is already a political hot potato,” as Mr. Bowen begins his post.

“The report has President Trump supporters saying “Told ya so” and the general public questioning how the DOJ and the FBI runs its departments. And rightfully so. Continue reading

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

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. Continue reading

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

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 Continue reading

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.

GET A CONSULT

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?

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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