US Bank v. Arizumi — 15 Defects To Look For When Analyzing and Defeating a Foreclosing Plaintiff’s Motion for Summary Judgment

Sunday, February 11, 2018 – 3 PM HST
Upcoming Discussion for Sunday’s THE FORECLOSURE HOUR
Sundays: 3 pm (HST) / 5 pm (PST) / 8 pm (EST). Click HERE to listen.

Foreclosure Workshop #54: US Bank v. Arizumi — 15 Defects To Look For When Analyzing and Defeating a Foreclosing Plaintiff’s Motion for Summary Judgment
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The main event in any judicial foreclosure is the summary judgment hearing in which a foreclosing plaintiff attempts to convince the court that it should immediately prevail and your property should be sold at auction, since it argues there is no need for a trial as it owns your mortgage debt, you are in default, and it is entitled to foreclose.

By defeating summary judgment, the odds of saving one’s home improve greatly as a borrower can thereafter generally look forward to securing either finally an attractive loan modification, a significant discounted payoff, or in rare cases wiping out one’s mortgage debt entirely. Continue reading

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Your Mortgage Documents Might be Fake!

lynn_szymoniak-620x412Ya think, maybe? MERS alleges to have registered 71 million mortgages. There were likely another 15-20 million “non-MERS” mortgages…

Lynn Szymoniak in Salon:
BY Prepare to be outraged. Newly obtained filings from this Florida woman’s lawsuit uncover horrifying scheme (Update)

If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to Continue reading

EXPERT WITNESSES: Fraudulent Assignments of Mortgage are Void

Good information sometimes bears repeating.

BearThe over-burdened judiciary isn’t always up to speed as quickly as it ought to be and good case law doesn’t always make it to the top of the pile for the clerks to review and digest. Even good attorneys occasionally miss pertinent material.

So, let’s go back to about 2 years ago when Yves Smith, who is an absolutely brilliant author and blogger of “NakedCapitalism” and 4closureFraud, truly a leader in the foreclosure defense blogging pack, wrote about an Alabama securitization case named U.S. BANK v. ERICA CONGRESS.

Of course the case went to appeal and the outcome of the appellate decision was a unanimous decision, the Alabama Court of Civil Appeals reversed a lower court decision on a foreclosure case, U.S. Bank v. Congress and remanded the case to trial court.  The reasons hinged upon 2 superb expert witnesses.   Continue reading