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CA Judge: HELOC Notes Are Not Negotiable Instruments — Possession Is Not Enough — Pretender Lenders Must Prove the Debt and Ownership

Livinglies's Weblog

Here we have a ruling that firmly states the obvious, with widespread ramifications. HELOC (Home Equity Line of Credit) promissory notes represent evidence of a debt depending upon how much the homeowner borrows, repays or otherwise receives advances. It is not a promise to pay a single unqualified amount of money.

While the mortgage or deed of trust on the primary mortgage carries with it obligations to pay variable sums, the promissory note does not, which is why judges treat the note as a negotiable instrument if it is valid on its face.

What you are going to see is that the HELOC is left out of foreclosure because the pretender lender cannot prove the debt or its ownership. If the HELOC and the primary mortgage involve the same pretender lender, then discovery on the HELOC is relevant both because the HELOC might convert the first mortgage from a purchase…

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Message to Homeowners Who Have Won Their Cases — Your Demands are Too Low

Excellent blog post. The absolute truth of this blog post is shown clearly by the fact that Bank of America is offering the Sundquists a reported $6 million dollars to agree to ask the Judge to revoke the decision so that it cannot be cited as legal precedent in other cases to understand the

Livinglies's Weblog

SETTLEMENT NEGOTIATIONS: WHEN THE HOMEOWNER WINS IN LITIGATION, in every case the banks pay amazing amounts of money to the homeowner (and their lawyer) in order to get agreement on sweeping the case under the rug. Homeowners and their lawyers must realize that the settlement value of their case may be worth 1000 times the judgment value of the case.

This asymmetry in settlement negotiations escapes most but not all winning homeowners. It gets especially urgent when the banks made the wrong decision and appealed an unfavorable decision only to find that they not only lost one case, but many thousands as a result of that one case.

Looking to settle or modify your mortgage loan? We provide expert support and assistance to you and your lawyer.
Get a LendingLies Consult and a LendingLies Chain of Title Analysis! 202-838-6345 or info@lendinglies.com.
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave a message or make…

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Banks Continue to Manipulate Foreclosure Filings to Create Illusion that Crisis is Over

Livinglies's Weblog

One thing is very clear: the mega banks — who control nearly all foreclosures — are using algorithms to start and stop foreclosures so as to create the impression that foreclosures are not a big problem. In this article by ProMarket, this behavior was honed down to specific districts represented by members of the Financial Services Committee of the U.S. House of Representatives. The members were under very little pressure about foreclosures because the number of foreclosures in their districts was so small, even though the “delinquencies” were the same as surrounding districts.

This practice has been going on for many years as a method of manipulating the media and government into thinking that the foreclosure crisis is over. It is not. There are millions of foreclosures to come. But now, the banks have perfected a plan in which the number of foreclosures is capped in a given area and…

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Woman Says Bank Foreclosed On Her Home Despite Making Mortgage Payments

That is outrageous what happened to that woman. I hope that she retains an awesome attorney and sues the hell out of Bank of America and anyone else involved in the foreclosure.

Justice League

Here we go again…

RMA, N.J. (CBSNewYork) — Imagine paying your mortgage on time every month, and your bank takes your home away anyway.

It may not make any sense, but this mortgage mess is happening.

Holidays, birthdays, baby’s first steps, since 2004, Kim Shibles’ beloved Erma, New Jersey home has been the backdrop for everything.

“I would like to have back what they took,” she told CBS2’s Kristine Johnson.

She was forced out of the house in 2016, after the bank foreclosed.

“It turned my life upside down,” she said.

What’s worse her attorney Josh Denbeaux said it happened without Shibles ever having missed a mortgage payment.

“She paid every single month,” Denbeaux said.

“We have the largest financial institutions in our country and they are absolutely fleecing America,” Linda Tirrelli said.

It started in 2010.

Read on.

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U.S. NINTH CIRCUIT REVERSES FDCPA DISMISSAL; CAN’T USE STATE LAWSUIT TO CONFOUND FEDERAL LAW!

This case is good news although it seems to be that many cases that favor the debtor or a homeowner are not published which prevents their being cited as binding authority. Happy Thanksgiving to you too Dave as well as everyone else.

Clouded Titles Blog

BREAKING NEWS — 

While not presidential, the U. S. Ninth Circuit Court of Appeals has reversed a Nevada FDCPA case, declaring in part:

The panel reversed the district court’s dismissal of an action brought against a debt collector under the Fair Debt Collection Practices Act.

The panel held that a debt collector cannot avoid liability under the FDCPA by obtaining the debtor’s lawsuit through a state court writ of execution.

The panel concluded that such a procedure frustrates the Act’s purpose and is thus conflict- preempted. The panel remanded the case for further proceedings.

To read the case, click here: Arrellano v Clark Co Coll Svc LLC et al, 9th App Cir No 16-15467 (Nov 17, 2017)

OP-ED —

Sadly, too many U.S. District Court judges are quick to dismiss debtor claims.  They appear to treat these types of actions as if the debtor is trying to escape debt…

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Ocwen is NOT Entitled to Invoke the Benefits of a Legal Presumption

Livinglies's Weblog

The banks are winning  most cases because homeowners choose not to defend. The second most reason for this fraudulent winning streak is the application of legal presumptions that eliminate the need to actually prove their case. 99% of the time they are winning cases in which they should lose and be subject to sanctions for trying to defraud the court and the homeowner.

The bottom line is that if ever there was a source of information that was less than credible in civil litigation it is the case of Ocwen as a servicer. By definition that means that they are not entitled to any legal presumptions. And that means Ocwen must prove everything proffered to prove the truth of any matter asserted.

All statutes on evidence say the same thing: if the hearsay contained within testimony or a document comes from an unreliable source,  no legal presumptions should apply.  So…

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DOJ suing Northwest Trustee Services for illegally foreclosing on veterans — Justice League

WTH? The DOJ announced Friday that it is suing Northwest Trustee Services for violating the Servicemembers Civil Relief Act, which prohibits lenders and mortgage servicers from foreclosing on a servicemember’s home while they are on active military service and for the next year without a court order, if the mortgage was originated before the servicemember’s […]

via DOJ suing Northwest Trustee Services for illegally foreclosing on veterans — Justice League

What Northwest Trustee Services did is outrageous. I just hope that the Department of Justice vigorously pursues the lawsuit and does not reach another “toothless” settlement.

 

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