REVENGE OF THE DEBTORS – WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE

“These cases encourage debtors and other parties to defensively use the mortgage securitization servicing system to prohibit servicers and other non-lending parties from enforcing rights under a mortgage. This trend, if it continues, may have significant impacts for consumer-debtor lawyers, as well as law firms that enforce mortgages and participated in mortgage loan securitization.” “A … Read more

This Judge “Gets It” Indymac Bank F.S.B. v Yano-Horoski

Indymac Bank F.S.B. v Yano-Horoski “Upon the Court’s own motion, it is ORDERED that the Adjustable Rate Note in the amount of $ 292,500.00 dated August 4, 2004 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. shall be and the same is hereby cancelled, voided, avoided, nullified, set aside and is of … Read more

Defective Paperwork Strips Mortgage Holder of Foreclosure Rights NO. 09-CV-10988-PBS

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and COUNTRYWIDE HOME LOANS, INC., v WARREN E. AGIN, TRUSTEE, A Massachusetts federal judge has upheld a bankruptcy court ruling allowing a trustee to treat a mortgage as an unsecured claim, which strips the mortgage holder of foreclosure rights, because of defective mortgage paperwork. 4closureFraud http://4closurefraud.org/ Tweet

EXECUTIVE ORDER 13519 ESTABLISHMENT OF THE FINANCIAL FRAUD ENFORCEMENT TASK FORCE

EXECUTIVE ORDER 13519 – – – – – – – ESTABLISHMENT OF THE FINANCIAL FRAUD ENFORCEMENT TASK FORCE By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice, in conjunction with Federal, State, … Read more

MERS, Mortgage Electronic Registration Systems and You

MERS,  Mortgage Electronic Registration Systems and You by Kevin Lamson Basic Corporate Information •MERS is incorporated within the State of Delaware. •MERS was first incorporated in Delaware in 1999. •The total number of shares of common stock authorized by MERSʼ articles of incorporation is 1,000. •The total number of shares of MERS common stock actually … Read more

Mortgage Securitization, Servicing, and Consumer Bankruptcy

“Well, in short, in the words of the Rapper Puff Daddy, “It’s all about the benjamins, Baby.” By O. Max Gardner III Wayne Gretzky once said that his success was due to the fact that he focused on where the puck was going to be, not where it was. For most consumer debtors who have … 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

Washington ERISA Class Action Wamu – DATAMINE for Foreclosure Evidence

In re Washington Mutual, Inc., Securities Litigation Court: United States District Court, Western District of Washington Case Number: 07-cv-1809 Judge: Hon. Marsha J. Pechman Case Contacts: Chad Johnson, Hannah Greenwald Ross, Jerald Bien-Willner, Katherine McCracken Sinderson “Securities class action filed on behalf of investors in Washington Mutual, Inc. (“Washington Mutual” or the “Company”) against the … Read more

Wells Fargo vs Martha L. Melga Judge Mayer NY

“The original lender, WMC Mortgage Corp., apparently had the mortgage assigned to entities other than this plaintiff: however, there is no proof of assignments annexed to the moving papers and no proof that this plaintiff is the proper plaintiff.” Tweet

Sheridan Decision Idaho Bankruptcy Judge Myers

Idaho Takes the Lead: In re Sheridan — Real Party Must Have Actual Pecuniary Interest. “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is … Read more

I am an attorney so I decided to sue my lender…

“I am an attorney who has taken “produce the note” one step further. I am current on my mortgage, and actually what prompted me to take the action I am taking is that I had paid off my second mortgage but my lender refused to surrender my paid off second mortgage note. My lender also … Read more

Fair Game If Lenders Say ‘The Dog Ate Your Mortgage’

By GRETCHEN MORGENSON Published: October 24, 2009 FOR decades, when troubled homeowners and banks battled over delinquent mortgages, it wasn’t a contest. Homes went into foreclosure, and lenders took control of the property. On top of that, courts rubber-stamped the array of foreclosure charges that lenders heaped onto borrowers and took banks at their word … Read more

Email from Reader – Take out mortgage fraud and you’ll Take out the derivative fraud

My suggestion is simply: Kill the Global Mortgage Fraud; Kill the Global Banking Fraud. This suggestion is very simple and could have a MASSIVE impact on this “Global Mortgage Fraud Scheme” if people stand up and fight. I’m no expert, but it seems to me that The Mortgage Fraud Scheme is the source propping up … Read more

PMI Ocwen Anderson Report – Sue First Ask Questions Later

Via Wikipedia Nye Lavalle is an American sports marketing executive and social scientist turned consumer and investor advocate and activist. He is known for his studies on American sports, culture, charities, and media conducted during the 1980s and 1990s.[1] In recent years, Lavalle has focused his time on advocacy and activism for consumer and investor … Read more