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March 2017 Article Archive

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Sundquist v. Bank of America: $45 Million for violations of Automatic Stay
livinglies.wordpress.com | March 28, 2017 

In most cases, the damages awarded to homeowners are so paltry that they do little to punish unlawful conduct or to deter future behavior by servicers.  The banks continue their crime spree unabated.  Those days may be over.  A bankruptcy court in Sacramento, California recently issued a $45 million dollar punishment in a case of a wrongful home foreclosure and eviction in a deliberate violation of the automatic stay. 
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Citi's attempts to act ethically are a Fraud Spree Smoke-Screen
livinglies.wordpress.com | March 26, 2017 
In last Saturday’s edition of the Wall Street Journal an article entitled, “The Banker-Turned-Seminarian Trying to Save Citigroup’s Soul”.  I didn’t projectile vomit but my gag reflex was activated. 
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Execution of Fabricated Documents
livinglies.wordpress.com | March 8, 2017 
By allowing the foreclosures to go forward the Judges became the author of the only document that was a valid legal instrument — a court order, the rendition of which raised the almost conclusive presumption that everything that preceded the order had been credible, legal and valid and that the documents were authentic and properly executed. 
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Judicial Notices Exposed
livinglies.wordpress.com | March 6, 2017 
The use of Judicial notice is widespread. Banks attempt to use it in order to get something into evidence they could not otherwise prove. Homeowners use it for the same reason. Usually both are mistaken in the use of Judicial notice and the Court is in error for accepting it unless the other side fails to raise a proper objection. Like most things, if you fail to object the document or record will be in evidence. That still leaves the issue of how much weight to give the document as evidence. 
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Resecuritization
livinglies.wordpress.com | March 7, 2017 
As predicted on my blog back in 2008, we are seeing new names of Trusts emerge in foreclosure cases — involving old loans that were declared in default years ago by parties asserting they represent the alleged servicer of either a named bank or servicer or an old trust. What happened? As our sources had revealed, the alleged trusts had nothing in them and were the source of extreme liability of the Master Servicer acting as underwriter to the investors and third parties who traded in securities based upon the representation that the Trust actually owned the debts of millions of homeowners. 
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Drafting Causes of Action
livinglies.wordpress.com | March 3, 2017 
This is for reference only. You should check with a licensed attorney in your jurisdiction to make sure the elements of each cause of action are understood, that they apply, and that you have the facts or sufficient reason to plead that cause of action. 
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