It’s Here! It’s Wimpy, but Yvanova is finally here.

We’ve all waited with bated breath for the “Happening” of the California Supreme Court decision in Yvanova vs. New Century Mortgage Corporation a case, as the Supremes put it, “granted plaintiff‘s petition for review, limiting the issue to be briefed and argued to the following: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?“”

While Yvanova wins the appeal, the Supremes’ opinion is less exciting than hoped for – yet it had some redeeming qualities when you look deep into the opinion and the footnotes. It sorta keeps you Hangin’ On (pun intended). Continue reading

Please Help and Support The Torrenga Family Fighting Foreclosure

torrenga familyFighting a non-traditional mortgage loan foreclosure (NTM) is one of the hardest and heart-wrenching actions anyone can undertake. What is even more frustrating is the inability to find a good foreclosure attorney when you need him/her.This was the case for KathyJo Torrenga, who started her family in this home. Click HERE to support the Torrenga Family.

The Torrenga’s live in rural Muskegon, MI and let’s face it, even in big cities it’s hard to find knowledgeable foreclosure defense attorneys. Good defense attorneys are few and far between and bank fraud – as we see in these huge settlements – runs rampant. KathyJo tried to defend her home pro se after searching for an attorney that could understand a complicated securitization case. Continue reading

Wall Street Bank Attorneys Are Sour Grapes Over Glaski

Oh Boo Hoo Morgan Lewis! 

garfield_butt_by_garfieldcat2012-d6ijytvYesterday, Bernard J. Garbutt III (really), a partner with NY firm Morgan Lewis, sent a letter to Chief Justice Tani G. Cantil.Sakauye and the Associate Justices of the Supreme Court of California representing Deutsche Bank National Trust Co., following an October 4, 2013 letter from AlvaradoSmith (representing JPMorgan Chase) requesting depublication of Glaski v. Bank of America, N.A.

Apparently, Glaski makes the banksters uncomfortable enough that they want the decision to be removed from publication based on the fact that the “PSA states explicitly that the Trust is a Delaware Statutory Trust, organized under the Delaware Statutory Trusts Statute, 12 Del. Code Ann. §§ 3801 et seq., and governed by Delaware law. See, e.g., PSA § 10.05 (governing law).” So, the Wall Street banks hired high priced firms to pen letters to the appellate court begging to hide the Glaski decision.

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“MERS is not a “holder” under the plain language of the statute,” says the Supreme Court of the State of Washington

Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not.  As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).

The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and Continue reading