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FIFTH U.S. CIRCUIT RULES FHFA UNCONSTITUTIONAL! — Clouded Titles Blog

BREAKING NEWS — OP-ED — This just received out of New Orleans … Collins et al v Mnuchin et al, 5th App Cir No 17-20364 (Jul 16, 2018) The 5th Circuit Court of Appeals denied damage awards to three investors who claim they lost money as shareholders in Fannie Mae and Freddie Mac due to […]

via FIFTH U.S. CIRCUIT RULES FHFA UNCONSTITUTIONAL! — Clouded Titles Blog

Hopefully more of the United States Circuit Courts of Appeal will agree with this decision and also find that the Federal Housing Finance Agency is unconstitutional.

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Is a Neg-AM Note a Negotiable Instrument? — Livinglies’s Weblog

The UCC is not ambivalent about protecting both the maker of a negotiable instrument and the party seeking to enforce it. The maker does not assume the risk of double liability except for instances where the note is purchased for value in good faith and without knowledge of the borrower’s defenses. In all other circumstances […]

via Is a Neg-AM Note a Negotiable Instrument? — Livinglies’s Weblog

Modification or Refi? Which is it? — Livinglies’s Weblog

Just because a document bears a title doesn’t mean that it accurately describes the nature of the transaction. A modification of any agreement requires both sides to agree. Here again we have the identity of the creditor being changed — expressly eliminating any claim that the “servicer” is a legal representative of the creditor to […]

via Modification or Refi? Which is it? — Livinglies’s Weblog

THE JOURNEY BEGINS WHEN THE PITY PARTY ENDS … STEP TWO! — Clouded Titles Blog

Op-Ed — (continued from the previous post) STEP TWO … The Internet can be a dangerous thing, especially when doing research, trying to find answers to questions surrounding a potential financial issue that could become a crisis, like a foreclosure. One of the reasons why I post blogs is because people share them. Others who are […]

via THE JOURNEY BEGINS WHEN THE PITY PARTY ENDS … STEP TWO! — Clouded Titles Blog

Securitization and Standing

Livinglies's Weblog

Like other decisions establishing  the law of the land, the decisions of SCOTUS are often taken as advisory or optional. Nevertheless TILA Rescission and Article III standing have been affirmed by the Court of last resort. Reluctant judges in trial and appellate courts will get their hands slapped one more time but all the bad prior decisions and their consequences  are neither reversed nor redressed.

Standing is pretty easy — it must be alleged in facts that will be proven at trial. If it isn’t alleged or isn’t proven at trial, the Court lacks jurisdiction to do anything other than to dismiss the claims of any party seeking satisfaction because they have no claim for redress.

Let us help you plan your defense strategy, discovery requests and defense narrative: Dial 954-451-1230 or 202-838-6345. Ask for a Consult.

Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5…

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ZeroHedge: It’s Subprime Time! 2008 Part Deux-Coming to a Market near You!

This is very bad news that virtually ensures that the next real estate crash will be worse than the last one.

Livinglies's Weblog

Injured by a predatory attorney? Email: info@predatorylies.com

https://www.zerohedge.com/news/2018-03-30/deja-vu-all-over-again-subprime-mbs-demand-oversubscribed-and-sp-says-risk

The stock market is at record highs and people with FICO scores as low as 500 are once again happily obtaining mortgages. Not only that, but these mortgages are once again being securitized and are in demand by yield chasers.

All of the elements that are necessary for the 2008 subprime crisis to repeat itself are starting to fall back into place. Aside from the fact that we have inflated bubbles across basically all asset classes for the most part, not the least of which is evident in the stock market, the Financial Times reported today that not only are subprime mortgage backed securities becoming prominent again, but that the chase for yield was what fueling demand:

Issuance of securities backed by riskier US mortgages roughly doubled in the first quarter from a year earlier, as investors lapped up assets blamed for bringing…

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The Former Khmer Rouge Slave Who Blew the Whistle on Wells Fargo

An inspiring story of one man who escaped actual slavery only to face another form of slavery, the corporate slavery of Wells Fargo. The world needs more people like Duke Tran.

Justice League

After Duke Tran escaped from slavery, but before he became a millionaire, he was a Wells Fargo employee.

He worked at the bank’s debt-collections center near Portland, Ore., talking on the phone to customers who owed Wells Fargo money. It wasn’t glamorous, but the job enabled him to afford a two-story suburban house with mustard-colored aluminum siding. After more than three decades in the United States, Mr. Tran felt that he was the living embodiment of the American dream.

And then it all started to crumble.

In 2014, according to Mr. Tran, his boss ordered him to lie to customers who were facing foreclosure. When Mr. Tran refused, he said, he was fired. He worried that he wouldn’t be able to make his monthly mortgage payments and that he was about to become homeless.

Joining a cadre of former employees claiming they were mistreated for speaking out about problems at…

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