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January 2019 Article Archive

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Federal Court 2015 Deutsch Bank Case Reveals Bank Willingness to Lie Directly to the Court
livinglies.wordpress.com | January 31, 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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Facially Invalid Recorded Documents
livinglies.wordpress.com | January 30, 2019
The view proffered by the banks would require them to accept declarations of fact from potential borrowers without any indicia of truth or reliability. It is opposite to the manner in which they do business. Currently they have it both ways, to wit: for purposes of borrowing you must submit documents that are facially valid without reference to external evidence and which can be easily confirmed but for purposes of foreclosure, none of those conditions apply.
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Data Breach Reveals Tech Players in Storage and Manipulation of Documents
livinglies.wordpress.com | January 28, 2019
I often find clues to the “who” question of reporting in little known articles about data breaches. We find in this article the names of players who have vanished or still exist with data breaches allowing anyone to view tens of millions of mortgage loan files on servers that, among other things, change the images to documents in which the writing can be changed or lifted to create another document.
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If You Don't Challenge the Smoke and Mirrors the Smoke Becomes Law and the Mirrors Become an Inescapable Nightmare
livinglies.wordpress.com | January 25, 2019
Bottom Line: Failure to attack the facial validity of the documents is virtually hanging the homeowner letting him/her twist in the wind. Without such a relentless attack based upon scrutiny of the exact wording on documents revealing that nobody is actually identified as a real party in interest, you will be trapped by an endless cascade of legal presumptions against the homeowner.

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Rogue REMICs? 2016 Study Reveals Lack of Standing
livinglies.wordpress.com | January 29, 2019
I read a lot. I came across this article today published in 2016. Nobody has paid attention to it but as far as I can tell on first skim, the author has both coined the name “rogue REMIC” and described it well enough to come to a conclusion, to wit: everything about them is a scam and no legal standing exists with respect to them. I would only add that the author is incorrectly assuming that any securitization took place or if it was, as Adam Levitin coined the phrase, “Securitization Fail.”
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The Facts Behind Smoke and Mirrors
livinglies.wordpress.com | January 24, 2019
Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates.
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Tolling the Statute of Limitations by Initiating Administrative Processes
livinglies.wordpress.com | January 23, 2019
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are starting an administrative process. One could argue that while you were in that process the statute of limitations on certain claims should be tolled.
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Gary Dubin on Foreclosure Reform and Deficiency Judgments
livinglies.wordpress.com | January 22, 2019
To my knowledge, the only other lawyer that is persistently publishing and broadcasting valuable information about foreclosure defense is Gary Dubin. He has published an article that is very much worth reading. while he is located in Hawaii he offers many insights that are helpful to all foreclosure defense attorneys and pro se litigants. He is licensed in California and Hawaii.
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“True Lender” Lawsuits Causing Business and Legal Headaches for Banks
livinglies.wordpress.com | January 21, 2019
You can't pick up one end of the stick without picking up the other end as well. Or, if you like, you can’t eat your cake and still have it.
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MERS Is NOTHING — The Correct Translation of “MIN”
livinglies.wordpress.com | January 18, 2019
Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an assignment might be the utterance of a false instrument for purposes of recording, which in and of itself constitutes illegal activity.
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Solving the Puzzle: Settlements with Homeowners Are Rising
livinglies.wordpress.com | January 16, 2019
It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties.
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Example of Homeowner Winning in Sarasota Florida
livinglies.wordpress.com | January 15, 2019
Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website.
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Distilling the 20 Points of TILA Rescission: 9th Circuit Allows “Claim” for Rescission Under WA Statute of Limitations
livinglies.wordpress.com | January 14, 2019
I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United States and Congress.
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Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide
livinglies.wordpress.com | January 9, 2019
Today (hat tip to Greg Da Goose) I received an article published by Burr Forman (bank lawyers) that admitted that the ruling was surprising and also projected that the ruling could have far reaching implications under various proceedings and laws.
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FLA S Ct Reverses Course on Homeowner’s Award of Attorney Fees and Raises Other Issues for Defense of Foreclosures
livinglies.wordpress.com | January 8, 2019
For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned down the homeowner’s demand for attorney fees after the homeowner had flat out won the case — especially where the case was dismissed for lack of standing.
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Texas Two Step: “Successors and Assigns”
livinglies.wordpress.com | January 4, 2019
Homeowners are losing to legal presumptions arising from apparently facially valid documents. Thus defensive strategies, tactics and narratives should include a robust attack on the facially validity of the instruments relied upon by parties seeking foreclosure. In most cases the grounds for such an attack are present — but only upon careful reading and review of the instrument.
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1099-C Received from “Servicer”
livinglies.wordpress.com | December 26, 2018
My personal take on this is that borrowers who receive this form for “forgiveness of debt” should probably send a letter or form of contest to the IRS stating the objection to the filing of the 1099-C. The objection or contest should state, in most cases, that this has been filed by a party who had no right, title or interest in the loan and that the form is not indicative of any final resolution of the debt, which is owned by third parties unrelated to the filer.
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How to Use and Oppose Judicial Notice
livinglies.wordpress.com | December 24, 2018
One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
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