Uniform Commercial Code, UCC – The Note, The Transferee and the Wardrobe

Random Repost. Blast from the Past. Going to start off each day with a random repost from the archives… “The Florida Uniform Commercial Code speaks of the transferable right of enforcement of the secured obligation, commonly referred to as the “promissory note”. Generally, the right of en-forcement of the promissory note is transferable only by … Read more

Basic Foreclosure Litigation Defense Manual

Random Repost Blast from the Past. Going to start off each day with a random repost from the archives… Enjoy! Basic Foreclosure Litigation Defense Manual 4closureFraud Tweet

Stratigic Default – Finally: Mainstream Press (Intentional Defaults)

Posted by Karl Denninger The Market Ticker I have written about “strategic defaults” many times in The Ticker, with the most recent being right here: Therefore, until the law is changed to prohibit the use of said “Strategic” legal containers and the resulting option of business interests – including the banks that are complaining now – to … Read more

The Equilibrium Distribution of Prices Paid by Imperfectly Informed Customers in the Mortgage Market

This document made my brain hurt. Anyway, good info… Consumers often transact with imperfect information about the best price available for a product. Some examples are mundane, a grocery shopper does not know the price of Kleenex at every other nearby grocery store. Others are more substantial, such as the best available price for a … Read more

MBA Files 2 “Comment Letters” with Federal Reserve on Proposed TILA Changes

On Tuesday, December 22, 2009, the Mortgage Bankers Association (MBA) filed 2 comment letters with the Board of Governors of the Federal Reserve System, both relating to the proposed amendments to Regulation Z, the implementing regulation for the Truth in Lending Act (TILA). The first letter specifically addresses the proposed rules to revise consumer disclosures … Read more

Federal Reserve Bank of New York – The Home Ownership Gap

Homeownership is often thought of as an integral part of the American dream, and encouraging homeownership has historically been an important feature of U.S. public policy. Figure 1 provides a time series of the aggregate homeownership rate published by the US Bureau of the Census. After rising for a decade, the homeownership rate peaked at … Read more

Judges Dominate Group’s Year-end “Restore Integrity Award”

The grassroots good government and legal reform advocate known as POPULAR, Inc. (POPULAR) announced the year-end recipients of its bi-annual “Restore Integrity Award”. The award program administrators state “we are delighted that judges comprise half of our year-end award recipients,” noting “judges Lackey, Schack, and Spinner resisted powerful private interests without waiting for a groundswell … Read more

“Trashed Out” Las Vegas Woman Victim of Foreclosure Mistake

This madness needs to stop. It’s one thing for these pretender lenders to take properties through illegal foreclosures. Now they are maliciously breaking and entering into any homes they wish with disregard of the laws. No better than common criminals… December 21, 2009 LAS VEGAS –  A Las Vegas woman says she is the victim … Read more

Bankster Lobbyists Launch ‘Call To Action’ To Crush Financial Reform

Bank Lobbyists Launch ‘Call To Action’ To Crush Financial Reform CEO Alert December 15, 2009 TO: Bank CEOs FROM: Art Johnson, ABA Chairman RE: Regulatory Reform – An Update and a Call to Action On December 7, I sent you a “Halftime Report” in which I said ABA thought the House would pass narrowly the … Read more

“Pretender Lender” IndyMac Defies Court Order in Yano-Horoski Case!!!

Indy Mac claims $474,936.78 still is owed two weeks after Justice Jeffrey Spinner ordered the mortgage canceled. Source: Judge orders parties back to court in mortgage case (requires paid subscription to Newsday) Fri 11 Dec 2009 The state Supreme Court justice who last month lashed out at a bank’s dealings with an East Patchogue family … Read more

Toxic Titles – “Pretender Lenders” Walking Away from Foreclosures

Governor Elizabeth A. Duke At the Community Stabilization Symposium, NeighborWorks Training Institute, National Harbor, Maryland December 9, 2009 Keys to Successful Neighborhood Stabilization “Communities with weak underlying economies are characterized by a long trend of population loss, gradual impoverishment, and strained municipal resources. For cities like Cleveland, Detroit, and Indianapolis the increase in foreclosures over … Read more

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Appellant, v. LISA MARIE CHONG, LENARD E. SCHWARTZER, BANKRUPTCY TRUSTEE

MERS SMACKDOWN in NEVADA!!! Dist. Ct. Case No. 2:09-CV-00661-KJD-LRL Bankr. Ct. Case No. BK-S-07-16645-LBR “This appeal arises from eighteen cases in which MERS filed motions for relief from stay in the Bankruptcy Court. In each case, either a party or the Bankruptcy Court raised the issue of whether MERS had standing to bring the motion.  … Read more

A New Foreclosure Tactic – Lenders / Debt Collectors Holding Second Mortgages Freeze Bank Accounts

Priority? What’s That? “If you wondered how ugly things would get in terms of lenders ignoring priority (after the government wantonly did so) here’s your answer: “A new foreclosure tactic, whereby lenders or debt collectors holding second mortgages freeze bank accounts or garnish pay checks of already struggling homeowners, is emerging and making it even … Read more

Countrywide Home Loans, Inc. v Gress

NY APPELLATE DIVISION FORECLOSURE MILLS JUST DON’T GET IT Countrywide Home Loans, Inc. v Gress 2009 NY Slip Op 08989 Decided on December 1, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the … Read more

Uniform Commercial Code, UCC – The Note, The Transferee and the Wardrobe

“The Florida Uniform Commercial Code speaks of the transferable right of enforcement of the secured obligation, commonly referred to as the “promissory note”. Generally, the right of en-forcement of the promissory note is transferable only by delivery of the instrument itself to the transferee. The key issue is transfer. Defense counsel must identify the circumstances … Read more

Foreclosure Fraud – What You Don’t Know Can Hurt You

“It’s actually been happening for a year or more in large numbers. Why the media hasn’t picked up on this story is a good question to ask… I don’t think anyone realizes how big this area of fraud actually is or could believe that it’s truly happening. The biggest reason is probably because the judicial … Read more

Full Deposition of the Infamous Erica Johnson Seck RE: Indymac Federal Bank Fsb, Plaintiff, Vs. Israel a. Machado – 50 2008 CA 037322xxxx Mb

“The Sanction of Dismissal is Warranted in this Case. As shown in the discussion above, the BANK has filed many documents with the Court in complete disregard of the truth or falsity of their factual underpinnings. Under the Court’s general civil contempt powers, the Court is authorized and entitled to sanction the BANKS’s misconduct. As … Read more

Saxon Mortgage Services, Inc., Et Al., Plaintiffs, V. Ruthie b. Hillery, Et Al., Defendants

“Regarding MERS and why they have a big problem with no quick solution. This is because MERS is the Beneficiary of the Security only and they nothing to do with the Note and are not a party to the Note. The problem is that an Assignment is worthless if it only transfers the Deed of … Read more

Freddie Mac Comments on the Final Report and Recommendations on Residential Mortgage Foreclosure Cases Florida Supreme Court

Recommendation regarding verification of “ownership” of the mortgage “The Task Force has recommended a requirement for a plaintiff in a foreclosure action to verify that it owns and holds the note. Typically, the plaintiff in a foreclosure action does not own the underlying note or loan that is secured by the property subject to the … Read more

Response to the Lenders Objections PHH Mortgage

“When your paperwork is woefully incomplete in a foreclosure case, you can ask for a delay or you can drop the case or have it dismissed, and you usually get another chance. Bankruptcy, by contrast, is kind of a one-shot deal by nature. The judge will add up all the debts, add up all the … Read more