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Gary Dubin: Proposed Mortgage Integrity Act (MIA): — Livinglies’s Weblog

Proposed Mortgage Integrity Act.

Proposed Mortgage Integrity Act.

 

For ten years, Gary Dubin in Hawaii has been practicing law defending homeowners from foreclosure. He has preached his own version of how to combat foreclosure fraud. And he has practiced what he preached. I find his work enlightening and refreshing. So when I read his Proposed Mortgage Integrity Act (MIA) I decided to republish…

via Gary Dubin: Proposed Mortgage Integrity Act (MIA): — Livinglies’s Weblog

I agree with the Proposed Mortgage Integrity Act from Gary Dubin and I believe that every State in the United States should enact it into law.

 

TAKING THE MERS LIE TO THE U.S. SUPREME COURT …

I just finished donating $50.00 to the GoFundMe page for Dan and Darla Robinson and will share this link on all of my blogs and my other contacts in the legal field. Thanks for sharing Dave.

Clouded Titles Blog

(BREAKING NEWS) — (OP-ED) — The author of this post has learned that a GoFundMe account has been set up on behalf of Dan and Darla Robinson to take on the baby bastard child known as Mortgage Electronic Registration Systems, Inc. (who also uses the name “MERS”) in tens of millions of mortgages and deeds of trust recorded in county land records all across the United States. 

At issue is whether or not MERS is actually a valid “beneficiary” as it claims to be under the Deed of Trust Act in the State of California.  A ruling by the U.S. Supreme Court to the contrary would totally upset the MERS® System’s flawed business model.  Under Restatement of Mortgages, Third § 5.4, MERS does not comport to any tenet of being a beneficiary, let alone a nominee.

As a nominee AND a beneficiary, it’s like saying that someone is claiming to…

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Update on the L.A. Measure for a City-owned Bank — A Valiant Effort!

WEB OF DEBT BLOG

The Los Angeles charter amendment to approve a city-owned bank did not pass, but it did get 42 percent of the vote, a remarkable feat considering that the dynamic young Public Bank LA advocacy group effectively only had a month to educate 4 million voters on what a public bank is and why passing the measure was a good idea. If they had had another month, the bill could well have passed.

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Hawaii Supreme Court: Yes to wrongful foreclosure counterclaim BEFORE foreclosure is completed and no to”plausible” pleading

This decision is great news for homeowners in Hawaii. If only the California Supreme Court would issue a decision like this.

Livinglies's Weblog

Now that the courts are no longer in fear of precipitating an economic meltdown, it’s time to return to legal decisions instead of political decisions. The Hawaii Supreme Court has done just that in a common sense decision that sweeps aside most of the Wall Street arguments against allowing homeowners to raise the fraudulent foreclosure issue. The decision goes back decades in reaffirming the law and the intent of the rules of civil procedure.

The bottom line is that homeowners must be allowed an opportunity to prove their claim at the same time they are defending a foreclosure action. This levels the playing field and hopefully is a harbinger of future decisions from the high court in each of the states.

Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult.

I provide advice and consultation to…

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GUTTING THE UNDERBELLY OF THE BEAST – PART 9

I love this blog post! This is the best one of the 10 part series. Working within the system itself and using its own tools to get what you want and make the big banks, lawyers, judges and mortgage servicers that screwed you over pay for what they did.

Clouded Titles Blog

(OP-ED, first posted: September 25, 2018) —

The writer of this post is a paralegal and consultant to attorneys on matters involving chain of title, foreclosures and document manufacturing.  The opinions expressed herein are that of the writer’s only and do not constitute legal or financial advice.  Any use of the theories or ideas suggested in this post is entirely at your discretion and will probably result in disaster without the proper legal help.

As we near the close of this 10-part segment, I posit that this may not be the climactic end you were hoping for.

Creating a big, bad ass paper trail to be used to trigger those “safeguards” in “the system of things” takes time, time that a lot of litigants don’t have because they didn’t make the time.  Maybe they weren’t afforded the time … the time to learn about how “the system of things” works.  …

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Central Banks Have Gone Rogue, Putting Us All at Risk

WEB OF DEBT BLOG

Central bankers are now aggressively playing the stock market. To say they are buying up the planet may be an exaggeration, but they could. They can create money at will, and they have declared their “independence” from government. They have become rogue players in a game of their own.

Excluding institutions such as Blackrock and Vanguard, which are composed of multiple investors, the largest single players in global equity markets are now thought to be central banks themselves. An estimated 30 to 40 central banks are invested in the stock market, either directly or through their investment vehicles (sovereign wealth funds). According to David Haggith on Zero Hedge:

Central banks buying stocks are effectively nationalizing US corporations just to maintain the illusion that their “recovery” plan is working . . . . At first, their novel entry into the stock market was only intended to rescue imperiled corporations…

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THE FHFA IS A CONSERVATOR … NOT A RECEIVER, COURT RULES!

This case just goes to show that just because a particular judge usually rules against homeowners does not mean that they always will.

Clouded Titles Blog

(BREAKING NEWS, OP-ED) —

For those of you who might have missed this Memorandum and Order out of Rhode Island (whose courts typically favor the banks and their servicers), you may wish to read this 19-page ruling:

Sisti v FHFA et al, US D. R.I. No 17-005 (Aug 2, 2018)

The FHFA attempted to get a judgment on the pleadings, which the court denied!   While this isn’t much of a setback, it does make clear a few potential misconceptions about Fannie Mae, Freddie Mac, the FHFA, the FDIC and the mortgage loan servicers who deal with these entities:

THE BUCK STOPS WHERE?

(1) Following the subprime mortgage crisis, Congress passed the Housing and Economic Recovery Act, which created the FHFA (Federal Housing Finance Agency), giving it the power to supervise and regulate Fannie Mae and Freddie Mac (the government-sponsored entities, or GSEs). The FHFA pretty much has complete control…

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