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Another PennyMac Crash! CA Case for Homeowner

This is a huge win for the homeowner and should read by anyone in California that is dealing with a similar issue. In particular this case discusses the fact that judicial notice in California cannot be taken of the truth of any disputed facts alleged in recorded documents and that a defendant cannot offer evidence of additional facts to support a demurrer as so called “speaking demurrers” are not allowed.

Livinglies's Weblog

American jurisprudence is clearly still struggling with the fact that in most cases the forecloser either does not exist or does not have any interest in the loans they seek to enforce. In virtually all instances PennyMac is acting in the role of a sham conduit while allowing its name to be used as the front for a nonexistent lender.

Such foreclosers use semantics and legal procedure to create and cover-up the illusion of “ownership” of the debt (the loan) and the illusion of having the rights to enforce the note bestowed by a true creditor. This case opinion is correct in every respect and it conforms with basic black letter law in all 50 states; yet courts still strive to find ways to allow disinterested parties to foreclose.

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