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REHYPOTHECATION IS YOUR WEAPON TO ESTABLISH THERE WAS NEVER A MORTGAGE LOAN – THESE WERE ALWAYS SECURITIES! — Deadly Clear

Originally posted on Deadly Clear: By Sydney Sullivan In a world where the American Dream and Wall Street greed collide, when your life and home are no longer your own, we must look beyond the facade of the documents and dig deeper into the public archives to seek the truth of the concealed path that is…

via REHYPOTHECATION IS YOUR WEAPON TO ESTABLISH THERE WAS NEVER A MORTGAGE LOAN – THESE WERE ALWAYS SECURITIES! — Deadly Clear

 

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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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Warning: Conduct your Due Diligence on ANY Attorney you Hire

Great advice. I would also do a google search with the name of the attorney such as attorney John Doe complaints as well as search attorney rating sites such as http://www.avvo.com.

Falling prey to Predatory Lenders & Scavenger Attorneys: Tell me your story.

Hopefully this individual will be able to find an honest attorney.

Livinglies's Weblog

Are you a victim of a predatory foreclosure attorney?

Email me at:  info@predatorylies.com

Homeowners who are subjected to a predatory servicer’s tactics to foreclose on a home are desperate for a solution and highly vulnerable to being exploited by an unethical attorney.   Over a period of years, or even decades, a servicer with no proof of standing can emotionally, physically, mentally and financially break down a homeowner to the point where a scavenger attorney can come in and finish off any remaining savings, assets or retirement funds.

Predatory tactics by servicers include fabricating documents to create the appearance of standing, refusing to identify the true creditor, revoking completed modifications, retaining modification payments, breaking and entering, intimidation tactics, and other unsavory behaviors meant to drive a homeowner from their home or stop fighting.

This is a time when a homeowner is at an elevated risk for divorce, unemployment, illness, depression, and…

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Unholy Apostilles: Intermediaries Fleece Unsuspecting Applicants For Government Document Credentialing

Very informative article. Hopefully the useful information in this article will prevent some people from being scammed.

JONATHAN TURLEY

By Darren Smith, Weekend Contributor

A concerning practice has emerged over the years where intermediary service providers proffer to obtain apostille certifications on behalf of the those unfamiliar with the credentialing process for documents sent overseas. Unscrupulous providers charge hundreds and some over a thousand dollars for several documents while a typical cost assessed by each state’s secretary of state centers around fifteen dollars per document.

Most of these providers are unregulated and operate from virtual offices or use addresses traceable to private mail box companies such as the UPS Store. Some go so far as making promises of authenticity under legally questionable guises.

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The Fallacy of Legitimacy: SEC Documents are not Evidence

I believe that the general rule is, at least in California, that judicial notice can only be taken of the existence of certain documents, even if they are recorded, not their authenticity.
The California Supreme Court has stated that, although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. StorMedia, Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9.

For example the court can only take judicial notice of recorded documents, it cannot take judicial notice of said documents if their truth or authenticity is disputed. See Skov v. U.S. Bank National Assn. (2012) 207 Cal.App.4th 690, 696 (where bank sought judicial notice of a notice of default declaration stating compliance with Civ. Code, § 2923.5, whether the bank complied with section 2923.5 is the type of fact that is reasonably subject to dispute, and thus, not a proper subject of judicial notice.)

A matter ordinarily is subject to judicial notice only if it is reasonably beyond dispute. See Fremont Indemnity Co. v. Fremont General Corp., supra 148 Cal.App.4th at p. 114-115.

When judicial notice is taken of a document, however, the truthfulness and proper interpretation of the document are disputable. Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal. App.3d 369, 374. Joslin v. H.A.S. Ins. Brokerage, supra, 184 Cal.App.3d at page 374 stated: “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.

Livinglies's Weblog

Documents filed with the SEC are not evidence of the legitimacy of a PSA.  The PSA was not filed with the SEC although the banks would like you to think so. The document, such as it is, was loaded onto the SEC website without any review or acceptance process. Anyone can load documents onto the SEC website. In fact, you can upload them yourself if you have an account.

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In most cases the PSA loaded onto the SEC website is incomplete or unsigned. As an example, in nearly all cases there…

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Only a Forensic Examiner can determine the Validity of an “Original” Note — Livinglies’s Weblog

Message of the day to homeowners and their lawyers: “stop admitting things that you assume are true. By admitting those facts you are hanging your client or yourself. Even the client is apt to say “Yes that is my signature on the note” when it has been described by opposing counsel as the original. In […]

via Only a Forensic Examiner can determine the Validity of an “Original” Note — Livinglies’s Weblog

Excellent advice that every homeowner in foreclosure should follow.   As the old saying goes, “Admit nothing, deny everything. Demand proof.”

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