[UNREGULATED] DERIVATIVE COMPLAINT – Blackrock, Pimco Sue U.S. Bank Over Trustee Roles

By Sydney Sullivan

The main focus on The Foreclosure Hour this week, Blackrock & PIMCO, et al v. U.S. BANK NATIONAL ASSOCIATION, was so powerful it deserves to be highlighted. As usual legal protocol, the Plaintiffs’ claims are accepted by the court to be true. For example, the next move for the Defendant might be to file a motion to dismiss, a court must accept all well-pleaded facts as true, viewing the facts in the light most favorable to the plaintiff.

WARNING: The contents of this complaint is likely to make certain foreclosure judges with hefty Plaintiff hedge funds preferred shares in their investment portfolios extremely nauseous.

Plaintiffs Blackrock & PIMCO and a multitude of subsidiaries, affiliates, associates, closely related and closely held companies for each sued U.S. BANK NATIONAL  ASSOCIATION for BREACH OF CONTRACT; VIOLATION OF THE TRUST INDENTURE ACT OF 1939; BREACH OF FIDUCIARY DUTY; BREACH OF DUTY OF INDEPENDENCE; AND NEGLIGENCE.  Continue reading

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Securities Fraud: In Search of the Holy Grail of Foreclosure Defense

Upcoming Discussion for THE FORECLOSURE HOUR
Sundays:  3 pm (HST) / 6 pm (PST) / 9 pm (EST). Click HERE to listen.

7-28-2016 Homeownership CensusHomeownership in the United States has fallen to 62.9%, the lowest rate since such statistics were kept beginning in 1965. And that rate is expected to fall below 50% in the coming decades — and the statistics are even far worse for America’s minorities.
Homeowners’ rights have meanwhile been virtually ignored by the American political and legal systems, as evident by little discussion by either national political candidates today.

And yet a flood of even more irrational judicial decisions has been seen this year, which we will discuss on this Sunday’s Foreclosure Hour radio show, by federal and big-state courts protecting pretender lenders, with virtually no real relief for defrauded homeowners yet in sight who are left to beg for loan modifications, another largely dishonest and emotionally humiliating process. Continue reading

The Securitization Debacle – A U.S. Pension Shortfall: $3.4 Trillion+ [$3,400,000,000,000]

By Sydney Sullivan

looting the pension fundsShortfall. Unfunded. Underfunding. Sounds like a minimal pension issue – however, it is anything but that. You may have heard the words “shortfall” when your state refers to it’s government budget or pension plan; and, if you are young (say, under 40), you’ve probably not given it a second thought. Just so you know “shortfall” is defined as “a failure to come up to expectation or need” and at 40 it seems like there will be plenty of time and ways to make up a shortfall… not so much when you are 60.

If you’re like many Americans, you’re worried about retirement. Maybe before the new century securitization scheme was launched, a “shortfall” might have been more easily explained and handled. But after 2000, the Wall Street securities system ramped up and took deficits to a new high while lining the pockets of Wall Street traders. How did this happen? Continue reading

REHYPOTHECATION IS YOUR WEAPON TO ESTABLISH THERE WAS NEVER A MORTGAGE LOAN – THESE WERE ALWAYS SECURITIES!

By Sydney Sullivan

2448936411_Wall_Street_answer_1_xlargeIn a world where the American Dream and Wall Street greed collide, when your life and home are no longer your own, we must look beyond the facade of the documents and dig deeper into the public archives to seek the truth of the concealed path that is destroying our nation built on the rule of law, the slavery of the collateral consisting of people and land records so that a few may prosper while millions of others face peril. It may seem like an impossible battle – until NOW! There is one thing that they didn’t count on – knowledge and truth that will awake your hero and cause the fatal change in their course.

Rehypothecation is your sword – know it well! Continue reading

Policy Changes aka eNotes are Here! New Paragraph 11 in Promissory Notes.

monopoly_electronic_banking_editionWe’ve discussed UETA and eSign and the significance of explicit consent…in most cases pre-2008…there isn’t any. Here is a Indiana case that is riveting: Good v. Wells Fargo. Read it HERE.

In this case, Bryan Good stated that in this 2008 transaction there were apparently 2 notes. Wells Fargo asserts that Good signed an eNote with a new (policy change) paragraph 11 – and that is still not enough.

Yes – go get your promissory notes and look for paragraph 11. You probably won’t see it if your note pre-dates 2008. Continue reading

Chris Christie can’t afford to pay public teacher pensions… but still hands education megacorp $82m in subsidies

Chris Christie can’t afford to pay public teacher pensions… but still hands education megacorp $82m in subsidies.

It’s not because NJ “can’t afford” to pay pensions – it appears its because NJ carelessly invested in fraudulent securities without thorough due diligence like nearly every other state in America. They gambled away the retirement funds of their employees.

In the NY Times today SEC Mary Jo White announced the use of Section 20(b) of the Exchange Act – indirect culpability … It’s time to grill the finance directors on who gave the orders to buy these crappy securities because they had to know (especially after 2004) that these were questionable investments. What promises were made by the investment banks in exchange for the pension fund investments?

Welcome to Freddie and Fannie’s Mortgage Shell Game

By Shawn Timothy Newman, J.D.
Adjunct Professor
Saint Martin’s University

Wheres-the-NoteIn common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.

As noted in Powell on Real Property, sec. 37.27 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)  Continue reading

TBTF HAS MET ITS WATERLOO

businessman-outdoor-puzzle-piecesThe recent lawsuits filed in the SUPREME COURT OF THE STATE OF NEW YORK,  COUNTY OF NEW YORK are the beginning of a long process unraveling the frauds created by a generation of “Younger Boomers” and “Now Generation” Wall Street bankster executives that expected immediate gratification.

These smart-asses didn’t take the time to ensure all the pieces to the puzzle fit before they began their filthy rich land grab operation, causing a lot of damage and red ink to America and the rest of the world. Their failures are your insurance to defeat foreclosure once you understand what is missing. Continue reading

Money Is Not Safe In The Big Banks

Under the Dodd-Frank Act “losses will be assigned to shareholders and unsecured creditors. …as a depositor in a bank, under the law –
YOU ARE an unsecured creditor.”

banker_debt_web“The Leveraged Buyout of America” by , Author, Web of Debt, Public Bank Solution; President, Public Banking Institute

Giant bank holding companies now own airports, toll roads, and ports; control power plants; and store and hoard vast quantities of commodities of all sorts.

They are systematically buying up or gaining control of the essential lifelines of the economy. How have they pulled this off, and where have they gotten the money? Continue reading

Grotesque Plan for Detroit: Fleece Working People to Save the Banks

Hands-off-our-Pension-June-10Municipal workers could be robbed of pension funds to pay big banks for payments due on interest rate swaps.

The Detroit bankruptcy is looking suspiciously like the bail-in template originated by the G20’s Financial Stability Board in 2011, which exploded on the scene in Cyprus in 2013 and is now becoming the model globally. In Cyprus, the depositors were “bailed in” (stripped of a major portion of their deposits) to re-capitalize the banks. In Detroit, it is the municipal workers who are being bailed in, stripped of a major portion of their pensions to save the banks.

Continue reading