Mozilo Goes free
Someone needs to go back to the Declaration of Independence. Government exists only by consent of the governed. People are withdrawing their consent on a daily basis now. Where do you think that will...
View ArticleThe Chase-WAMU Illusion
In the mortgage world “successor by merger” is simply a living lie that continues as you read this article. Like many other major illusions in our world economy, the Chase-WAMU merger was nothing more...
View ArticleVA Court Finally Recognizes Circular Reasoning of the Banks
“Because I said so” or “because I already did it” is not a recognizable legal ground for possession of property even after the forced sale of the property. In an action for possession of property, the...
View ArticleNot even the Federal Government Can Determine Who owns Your Loan
It was impossible to trace the majority of the mortgage loans on the over 300 homes sold by DSI that were the subject of the FBI investigation; it would have been harder yet to identify individual...
View ArticleBanks Struggle to “FIND” Nonexistent Documents
So for the people who are unemployed due to a recession that won’t really quit until the money stolen from the system is somehow replaced or clawed back, you have a job waiting for you if you can sleep...
View Article“Lost” Note Found and Linda Green Assignments
Virtually none of the nonjudicial or judicial foreclosures can be won by banks without use of legal presumptions that lead the court to assume facts that are plainly untrue. The bottom line is that the...
View ArticleWas There a Loan Contract?
In addition to defrauding the borrower whose signature will be copied and fabricated for dozens of “sales” of loans and securities deriving their value from a nonexistent loan contract, this distorted...
View ArticleRESCISSION Revalidated in CA Decision
1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the...
View ArticleFDCPA Claims Upheld in 9th Circuit Class Action
The court held that the FDCPA unambiguously requires any debt collector – first or subsequent – to send a section 1692g(a) validation notice within five days of its first communication with a consumer...
View ArticleJesinoski Update: Homeowner, Bank and Court All Get it Wrong
We get it. Judges don’t like statutory rescission under TILA. They are not required to like TILA rescission but they are required to follow it. This decision openly defies the SCOTUS ruling and refuses...
View ArticleAbout Those PSA Signatures
What is apparent is that the trusts never came into legal existence both because they were never funded and because they were in many cases never signed. Failure to execute and failure to fund the...
View ArticleFDCPA and FCCPA: Temperatures rising
FDCPA and FCCPA (or similar state legislation) claims are getting traction across the country. Bank of America violated the federal Fair Debt Collection Practices Act (“FDCPA”) and the related Florida...
View ArticleProblems with Lehman and Aurora
Lehman had nothing to do with the loan even at the beginning when the loan was funded, it acted as a conduit for investor funds that were being misappropriated, the loan was “sold” or “transferred” to...
View ArticleCHASE FALSE CLAIMS COMPLAINT REVEALED IN INVESTOR LAWSUIT
This lawsuit reveals a reason for Chase slipping in a new servicer into the chain. Having already discharged or released a loan, the “accounts” were nonetheless transferred or sold in derogation of the...
View ArticleFlorida FCCPA Has Teeth
The FCCPA is one of those statutes that are often missed opportunities to hold the banks and servicers accountable for illegal conduct. It is like “Mail Fraud” which only applies to US Postal Services...
View ArticleExpert Declarations, Affidavits and Testimony
The fundamental problem is that while virtually anyone can be accepted as an expert, the weight given to their testimony is zero. The reason is simple. The author most often lacks any traditional...
View ArticlePredominant Interest Defines “True Lender”
Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that...
View ArticleWho is the Creditor? NY Appellate Decision Might Provide the Knife to Cut...
The crux of this fight is that if the foreclosing parties are forced to identify the creditors they will only have two options, in my opinion: (a) commit perjury or (b) admit that they have no...
View ArticleCalifornia Suspends Dealings with Wells Fargo
The real question is when government agencies and regulators PLUS law enforcement get the real message: Wells Fargo’s behavior in the account scandal is the tip of the iceberg and important...
View ArticleWait! Somebody must have paid something right?
How do you know what was paid by whom and when and what terms applied? The whole point here is that money was paid by investors who did not receive ownership to the debt, note or mortgage. Nor did...
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