[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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Non-Traditional Mortgages Appeal to Hawaii’s Highest Court

hear-yeeThis Sunday The Foreclosure Hour shared the appellate process with listeners to help them better understand the complexity of the court system.

Last month (September 2016) the Hawaii Supreme Court heard attorney Gary Dubin argue on behalf of a Ewa Beach, Hawaii resident who was sued for foreclosure by “U.S. Bank National Association, as Trustee, in trust for the registered holders of MASTR Asset Backed Securities Trust 2005-NC1, Mortgage Pass-Through Certificates, Series 2005-NC1,” a securitized REMIC trust.

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

The Delusional Bench Squad – Collective Insanity?

By Sydney Sullivan

You may not like this movie. Wolf of Wall Street may be too vulgar. But if you are still invested in Wall Street there must be some vulgar demon or wannabe rich guy inside you that is too delusional to get out.
It’s no wonder why homeowners can’t get a fair shake in court because it appears the delusional sit above, behind and on the bench.

wolf LD money“Mark Hanna: We don’t create shit, we don’t build anything.
Jordan Belfort: No.
Mark Hanna: So if you got a client who brought stock at eight, and it now sits at sixteen, and he’s all f**king happy, he wants to cash it and liquidate and take his f**king money and run home. You don’t let him do that.
Jordan Belfort: Okay.
Mark Hanna: Cause that would make it real.

Continue reading

HAWAII PRO SE PLAINTIFFS BEAT BONY’S MOTION TO DISMISS!

BONY MOTION DENIEDIn a Second Amended Verified Complaint filed against the Bank of New York Mellon (“BONY”), fka The Bank of New York and U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006~WMC2 to Quiet Title, Hawaii Pro Se Plaintiffs Melvin Keakaku Amina and Donna Mae Amina won a big round #1 admirably defeating Defendant BONY’s Motion for Summary Judgment. The case, CIVIL NO. 11-00714 JMS/BMK, was originally filed on November 28, 2011 in Hawaii U.S. District Court and heard by the Honorable Judge J. Michael Seabright. Continue reading

DOERS ALERT: U.S. BANK NATIONAL USES FRAUD AND DECEIT TO EVICT A HAWAII FAMILY – WHILE MAUI, HAWAII COURTS FAIL TO ACT

Joe and Grace Barroga have been fighting foreclosure and a fraudulent assignment of mortgage since last year when they discovered a fraudulent, robo-signed Mortgage Electronic Registration Systems, Inc. assignment of mortgage made in 2009 by U.S. Bank National as Trustee for RFMSI Series 2006-SA4 Trust – a GMAC securitized loan trust. The Barrogas, like millions of other “responsible” homeowners, fell prey to for the defective Obama HAMP program that allowed banks to default good homeowners that asked for a modification. They are scheduled for eviction on Monday, May 14th.

Pursuant to the Trust controlling documents, Continue reading