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U.S. Bank, N.A. “as Trustee” Facing Sanctions In Miami — Livinglies’s Weblog

“It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing and think they are above the law like this.” – Bruce Jacobs, Miami Foreclosure Defense Lawyer. Kudos to Jacobs for doing some real lawyering. It is all in the details. Just assume they don’t have the…

via U.S. Bank, N.A. “as Trustee” Facing Sanctions In Miami — Livinglies’s Weblog

That is good news that at least one judge is sick and tired of the big banks acting like they are above the law and can ignore court orders.  More judges need to do what this judge is doing.

Your Property Appears to be the Federal Reserve Gold Standard — Deadly Clear

 

American Homeowners and GSE Shareholders – WAKE UP! The Treasury and GSEs hold the toxic MBS with inflated appraisals, flawed/fraudulent financial products, forged paperwork – and its what’s backing the Federal Reserve. Your property is their Gold Standard. #AuditTheFed Is it any wonder why HAMP was a scam when you realize this? Now you can […]

via Your Property Appears to be the Federal Reserve Gold Standard — Deadly Clear

Not surprising when you consider that the big banks own the Federal Reserve.

Cal. 3d DCA: WRONGFUL FORECLOSURE — You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale. — Livinglies’s Weblog

This decision “Not for publication” takes one more step toward unravelling the false claims of securitization that resulted in millions of fake foreclosures over at least 15 years. The pure nonsense being peddled by Wall Street investment banks still remains as the underlying basis for assumptions and presumptions that are contrary to fact and contrary…

via Cal. 3d DCA: WRONGFUL FORECLOSURE — You Can Cancel the Assignment, Notice of Default, Notice of Sale and Reverse the Sale. — Livinglies’s Weblog

 

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.

 

Conflict of Interest: Foreclosure Mills

Livinglies's Weblog

Despite warnings from Bar Associations and CLE courses that have been reported on this blog going back to 2008, lawyers routinely come into court and say “Good Morning your Honor, my name is John Smith and I represent US Bank.” That is not exactly true. In fact, it is a misrepresentation. In most cases the foreclosing party is named as a Trust, not a bank.  And the real client paying attorney fees is the CURRENT named servicer, who is taking instructions pursuant to some indemnification agreement with the named Master Trustee stated in the “trust instrument” (Pooling and servicing Agreement).

Not one of those parties has any interest in preserving the value of the collateral and in fact they all make a great deal of money when the foreclosure sale is “completed” and if the property is subject to a “credit bid” the proceeds of liquidation of the property to…

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WELLS FARGO GETS POUNDED BY U.S. GOVT FOR $2.09-BILLION … WITH A “B” … FINE!

This is good news although the government should have asked for a more substantial penalty such as $10 billion or more. The amount of $2.09 billion seems enormous to the average person but compared to the profits that Wells Fargo makes it is very small.

Clouded Titles Blog

(BREAKING NEWS / OP-ED) — 

Why are we not surprised?

Wells Fargo Bank, N.A. has agreed to pay the United States $2.09-billion for purposefully misrepresenting the quality of loans it sold to 118 individual REMIC trusts.

See the Settlement Agreement here: Wells Fargo RMBS Settlement Agreement (August 1, 2018)

We caution you that when checking into your particular REMIC, if in fact one of these named entities shows up in your chain of title, to have any related assignments reviewed by competent counsel (we have one if you don’t) who can testify as to the false and misleading statements contained within said assignment in court, should you be facing foreclosure.  Any bank attorney making oral misrepresentations and false statements in court regarding any one of the named REMIC’s (given the fact we don’t yet know if the actual investors are being reimbursed out of these settlement funds and to what…

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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

BILLIONS MADE AS HOUSING GOES DOWN UNDER SWEETHEART FDIC LOSS SHARING DEAL — Livinglies’s Weblog

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: On the IndyMac portfolio alone, they made billions while the investors and homeowners got crammed down with double-talk about where the money went. I have been saying for years that there is far more money to be made by banks, servicers, […]

via BILLIONS MADE AS HOUSING GOES DOWN UNDER SWEETHEART FDIC LOSS SHARING DEAL — Livinglies’s Weblog

This article is an excellent explanation of why OneWest and others are more interested in foreclosing than exploring other solutions. They make more money when they foreclose because of the sweetheart deals that they finagle from the FDIC and other government agencies.

TO FIGHT THE GOOD FIGHT … OR NOT!

Excellent advice, particularly the advice to channel your rage into learning all the facts about your case so that you can empower yourself and avoiding the urge to feel a sense of entitlement.

Clouded Titles Blog

OP-ED — THIS IS STEP THREE OF A 3-PART SERIES BY DAVE KRIEGER, AUTHOR OF CLOUDED TITLES

I have conducted intense research for over ten years on chain of title issues and what it means for affected homeowners.

Foreclosure mill attorneys could care less about the chain of title, so long as they can come up with a game plan to steal the property, even if it means participating in the manufacturing of title documents that create standing for their client to allow their little “scalping party” to appear in court.

Once the mess of confusion has subsided and the educational process has begun, the average homeowner discovers (over time) that the method by which the alleged “lender” has preyed upon them has imbued them with a combination of guilt, rage, entitlement or empowerment or the combination of one or more of the above.  This is where things get tricky…

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Motions for Summary Judgment — Livinglies’s Weblog

If the homeowner files it most likely it will be denied. If the pretender lender files it, the homeowner should take it seriously. The issue is simple — are there questions or issues of ultimate fact about which the parties disagree. If yes, motion denied. If not, motion is granted. Beware of a potential trap. […]

via Motions for Summary Judgment — Livinglies’s Weblog

 

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