United States District Court, E.D. California.
GENET HABTEMARIAM, Plaintiff,
VIDA CAPITAL GROUP, LLC; US MORTGAGE RESOLUTION; PNC BANK, NATIONAL ASSOCIATION; and DOES 1 to 50, inclusive, Defendants.
Some three years later, PNC notified Plaintiff by mail that its SDOT was discharged, apparently due to a settlement agreement PNC had reached with various agencies of the United States government. PNC effectuated that cancellation by sending a 1099-C form approved by the Internal Revenue Service for cancelling a debt. Plaintiff received the Form 1099-C on or about June 29, 2010. According to Plaintiff, because the 1099-C cancelled the amount she owed on the second mortgage, she believed it legally released her from any further obligation to pay Continue reading →
A year ago The Foreclosure Hour explained why homeowners nationwide were having such great difficulty finding a knowledgeable foreclosure defense attorney and suggested ways of remedying the problem.
Yet, if anything, as those presently facing foreclosure well know, rather than becoming easier, it is actually even more difficult anywhere to find knowledgeable foreclosure defense counsel. Continue reading →
The Plaintiff, like so many others, claimed (and the lower Circuit Court penned in the Findings of Fact) it “is now the Holder of the Note.” Of course, there were the usual series of “after-the-fact” robo-signed assignments trying to establish the right to enforce, and an allonge dated “after-the-fact” signed in blank. Even a witness who was basically a computer jockey viewing screen shots with no personal knowledge of who or how the data was entered. But in this case, there is a bit of a twist which, it appears, the Justices were picking up on as they asked astute questions about the procedure and the original (now bankrupt and liquidated) lender, New Century Mortgage Corporation. Continue reading →
What Every Homeowner Needs To Know About the Latest Foreclosure Trends and Developments in American Law in Order To Survive in an Inconsistent Legal System Largely Out of Service Which Treats Like Cases Differently.
It is a natural law of Justice in virtually every legal system in the history of the world that “like cases should be treated alike,” except it seems in the field of foreclosure defense in America where national inconsistency has become the norm.
Thus, for nearly a tumultuous decade following (the continuation of) the Mortgage Crisis of 2008, American Courts have created a record of contradiction, confusion, and uncertainty, ignoring established rules of evidence and even its own case precedents governing other areas of the law, while often pompously looking the other way in the tradition of Pontius Palate, routinely favoring lenders, often misusing the doctrine of stare decisis to protect previously egregiously mistaken case precedents. Continue reading →
Foreclosure Workshop #19: Bank of America v. Reyes-Toledo, A Case Study on How To Get Appellate Courts To Ask the Correct Questions
For too long homeowners and their counsel have allowed themselves in court to be drawn into and sidetracked by mainly esoteric and artificial, unsuccessful arguments about REMIC tax structures, multi-hat robosigners, and invisible securitized trusts — without getting to the heart of the most important foreclosure defense issues in court.
This Sunday we are airing on The Foreclosure Hour an oral argument that took place on certiorari before the Hawaii Supreme Court on August 18, 2016, heard by five Justices, each intelligent, each free from Big Bank influences, who are beginning to ask the correct questions. Continue reading →
Over 72 million families (based on 2.5 per household – that’s 180,000,000 constituents) have been negatively affected by Mortgage Electronic Registration Systems, Inc. and its parent company MERScorp Holdings, Inc. Too many to count foreclosures have resulted over the past decade with forged assignments documents allegedly signed by Mortgage Electronic Registration Systems, Inc. (MERS) employees who actually work for someone other than MERS.
Many of the homeowners who have bought a home or refinanced a home since 2002 will find Mortgage Electronic Registration Systems, Inc. listed as the “nominee” mortgagee in their mortgages – and they don’t even know it. Now, the federal government is proposing a “National” mortgage registry system – and one would have to wonder why?
HOUSINGWIRE says: Party platform blasts “corrupt business model” of Fannie Mae, Freddie Mac
Okay, think about this – Fannie and Freddie were collaborators, if not the actual architects, and helped set up and patent this corrupt housing scheme. If you haven’t watched THE BIG SHORT yet, the time is NOW (it’s on Netflix). Then watch it again – there were good guys on Wall Street. Not everyone was involved in the corruption, albeit it few and far between. In fact, for many years America had a moral and more ethical financial community. But shortly after President Reagan began deregulating the industry and President Clinton signed off on the whip cream and cherry topping by deregulating Glass-Steagall – Wall Street went to hell in a hand-basket.
According to the Republican Party platform, which can be read in full here, one of the GOP’s goals for 2016 and beyond is to “advance responsible homeownership while guarding against the abuses that led to the housing collapse.” Continue reading →
Hawaii attorney Gary Dubin and
co-host [former Hawaii Governor] John Waihee present An Exclusive LIVE Interview with Florida Trial Attorney Jacqulyn Mack Revealing the Hidden Secrets of Securitized Trusts.
While average foreclosure defense attorneys spin their wheels deposing the bank-prepped servicer-related witnesses – Jacqulyn Mack uses her investigative skills to dig out more knowledgeable witnesses to depose. The information she has uncovered had redefined the securitization operation – what goes on behind the securitization curtain. Continue reading →
Attorney James “Randy” Ackley appeared on the Neil Garfield Radio Show. The show was a fascinating discussion about banks creating the illusion of standing when a bank is unable to demonstrate they have the right to foreclose.
Neil and Randy addressed why the courts were allowing loan servicers to present evidence that was hearsay, often fraudulent and did not comply with the rules of evidence. Ackley stated that, “The court is allowing evidence to be introduced that would not be admitted in any other type of case.” The discussion brought up the fact that courts are making erroneous presumptions in favor of the banks despite the fact that there is now a public record of banks fabricating evidence, robosigning documents, false notarizations and bank employees testifying under oath about facts they know nothing about.
Saterbak v JPMorgan [Saterbak v JPMorgan, D066636 (Cal. Ct. App. March 16, 2016) Appellate Court attempts to over rule the California Supreme Court requires response from all. Presiding Judge Judith McConnell.
Below is an analytical response to the horrific ruling and opinion from the San Diego Appellate court that directly challenges the recent Yvanova vs. New Century Mortgage Corporation ruling from the Cal Supreme Court. We suggest that folks read this analysis and forward it with their comments to Kamala Harris (California State Attorney General) requesting her office to strongly object to this Saterbak ruling, and request that the Attorney General request that the Supreme Court de-publish the Appellate ruling. Continue reading →