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June 2019 Article Archive

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McDonough v Smith: High Court Open Door on Fabrication of Evidence
livinglies.wordpress.com | June 25, 2019
This decision is extremely important for 2 reasons. 1st, it reaffirms a right under federal law to bring an action for damages for fabrication of evidence. 2nd, and equally important, it establishes that the time to bring such a claim does not start until the conclusion of litigation, whether successful or unsuccessful.
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Great Article on Discovery
livinglies.wordpress.com | June 24, 2019
While I have often expressed my opinions regarding how to conduct discovery, the article written by Donna Welch, Esq., and Kaitlin L. Coverstone of Kirkland and Ellis LP in Chicago Illinois presents a clearer and more concise blueprint for planning and executing discovery.
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No, the Mortgages Are Not Securities, but the "Certificates" Do Not Qualify for Exemption As "Mortgaged Backed"
livinglies.wordpress.com | June 12, 2019
For those straining to find a way to categorize mortgage loans as securities I offer this based upon my licensing, training and experience as a Wall Street Broker and Investment Banker and as an attorney who has practiced law, including securities law for over 42 years.
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Veira v PennyMac and JPM Chase 4th DCA Finds What Everyone has Known all along — that PennyMac never has standing and Chase, most of the time, doesn’t have standing
livinglies.wordpress.com | June 11, 2019
Another case showing shifting attitudes toward illegal foreclosures. At the trial level there have been many such decisions, some with an expanded finding of fact showing that the foreclosure was a sham. On appeal, the courts were always looking for ways to sustain the foreclosure; they still do that but more and more appellate courts are starting to understand that there is no party who has standing in most instances --- especially a creditor who actually paid value for the debt.
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Not all courts are ignoring the law. Some are ruling for homeowners based upon basic premises contained in my articles.
livinglies.wordpress.com | June 10, 2019
Total hat tip to Bill Paatalo. There are two takeaways of major significance here. Review of electronic records is not review of original records. Possession of note does not mean that debt was paid for or transferred.
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Finding a Lawyer to Win Foreclosure Cases
livinglies.wordpress.com | June 7, 2019
No lawyer is an expert in everything. Every case is a learning experience for the lawyer. That includes me despite my extensive background in law and finance. All successful litigators will tell you that there is a subjective factor is the deciding issue in all litigation --- passion, persuasiveness and knowledgeable plan of the litigator to get to a desired result.
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Right in Front of Our Eyes: Black Knight and U.S. Bank
livinglies.wordpress.com | June 5, 2019
Anyone who knows about foreclosure litigation and securitization of residential debt knows that the only way the banks could succeed is if they had a central repository and central command center from which all documents were fabricated and all instructions were issued.
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How the Loan was Sold Multiple Times
livinglies.wordpress.com | June 3, 2019
It is like any hedge contract. The buyer of the hedge contract is the investment bank, sometimes working through sham conduits. It is saying it wishes to ensure stability of its "portfolio." It provides triple agency rating and "insurance" from AIG for instance while at the same time buying insurance from AIG based on the premise that hedge funds are selling hedge contracts. It looks like a safe bet as long as you don't peek under the hood where you see that the debt, note and mortgage were split at inception and the enforcement of the debt, note and mortgage is at best a long shot if all the facts are revealed.
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