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February 2019 Article Archive

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Breaking News - What the Bank Does Not Want You to Know
cfla.com | February 19, 2019
CONFIDENTIAL SETTLEMENT AFTER ORDER ON JUDGMENT in Florida - CFLA Client Gets Huge Damage Award against JPMCB and Wells Fargo for multiple fraudulent misrepresentations in loan documents and by lender[s] to homeowner[s]. The following is an exert from the Court's Order in Florida. This case has reached CONFIDENTIAL SETTLEMENT and therefore some information is redacted:

"Defendants JPMCB and Wells Fargo were involved in fraudulent recorded documents in violation of 15 USC §1611, and is entitled to damages for clouding title and to cure/Quiet Title. Plaintiffs are entitled to the relief requested herein to quiet title and for award of costs under FS §57.041"
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Removing Liens Rendered Void by TILA Rescission 15 USC §1635
livinglies.wordpress.com | February 19, 2019
Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes.
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Can MERS Assign the Debt?
livinglies.wordpress.com | February 18, 2019
The answer is complicated. On its face and on its own the answer is obvious: since MERS never has any ownership of the debt or the note, it cannot transfer either one. It specifically disclaims such interests on its website and all agreements in which it is a party. Since it has nothing to convey it conveys nothing even in a written instrument that says otherwise.
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Caliber and LSF9 Trust Example of Smoke and Mirrors
livinglies.wordpress.com | February 13, 2019
The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn't true. And in most cases people don't lie in affidavits. But they do mislead sometimes by leaving out context. And then there are affidavits and declarations fabricated, executed, filed and even recorded in foreclosure cases which are mostly lies and virtually all misleading.
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Why Fabrications? Why Forgeries?
livinglies.wordpress.com | February 11, 2019
In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records. Lawyers like Dan Khwaja in Illinois are getting clearer and clearer about it. They hire experts who understand exactly how the notes are mechanically created and the endorsements are not real signatures.
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Facial Validity vs Enforceability
livinglies.wordpress.com | February 5, 2019
It is universally accepted that a mortgage or deed of trust may not enforced except by the owner of the actual debt. The debt exists regardless of whether it is in writing or not. While a promissory note might be enforced by a party who does not own the debt (Article 3 UCC), forfeiture of a homestead requires that the mortgage be enforced by the actual debt owner (Article 9 UCC), or someone who can prove the identity of the debt owner and delegation of authority from the debt owner to the party enforcing the mortgage or deed of trust.
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About Legal Research And Fact Analysis
livinglies.wordpress.com | February 4, 2019
The following article is not a legal opinion upon which you can rely. Hire a lawyer at least as a consultant before acting on anything contained herein.
When people retain us to perform analysis, what we are doing is applying our knowledge of facts regarding the current context of foreclosures, foreclosure defenses and claims based upon wrongful foreclosures. Each case must be carefully analyzed to see which of the many potential weaknesses in the foreclosure process are present. Then we give consideration to which of those might traction in court (i.e., be persuasive to a judge).
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Federal Court 2015 Deutsch Bank Case Reveals Bank Willingness to Lie Directly to the Court
livinglies.wordpress.com | February 4, 2019
A mere glance at the procedure invoked by the attorney supposedly representing Deutsch Bank reveals the arrogance with which the lawyers present false cases based upon false documents and false execution of documents.
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