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May 2019 Article Archive

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My Final Word On Quiet Title Strategies
livinglies.wordpress.com | May 28, 2019
Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins with a lawsuit by the homeowner and ends with a court order declaring that the mortgage or deed of trust should be removed from the chain of title.
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How to Distinguish the Promissory Note from the Debt in a Loan Transaction
livinglies.wordpress.com | May 25, 2019
It seems nothing gets a judge angrier than being challenged on the court's misconception of law. In 42 years of trial experience my conclusion is that sometimes you need to risk veins popping in the neck and even contempt citation to get your point across. Yet in the heat of the moment it is easy to cross the line that the judge wants you to cross where it gets personal, nasty and genuinely contemptuous of the court. Having been cuffed twice, I recommend that this line need not be crossed.
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Response to My Inquiry About Homeowner Right of Action for Damages or Offset Against Foreclosure Action
livinglies.wordpress.com | May 21, 2019
In response to my blog post last week about whether there might be causes of action for royalty or other damages or offset arising from the fact that the loan is actually a small part of a much larger group of transactions in which the borrower is a party but not a participant in profits, I received the following from "Summer Chic" which I found interesting, even if I don't completely agree with all of her points.
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Pump and Dump: When “Lenders” Have No Risk of Loss They Spend Millions Selling Defective Loan Products and Blame Borrowers
livinglies.wordpress.com | May 21, 2019
It's easy to blame borrowers for loans that are in "default." The American consensus is based upon "personal responsibility"; so when a loan fails the borrower simply failed. But this does not take into account the hundreds of millions of dollars spent every year peddling loans in the media and the billions of dollars paid as commissions and bonuses to those who sell defective loans to consumers.
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New Strategies: Request for Comments from Attorneys and Interested Parties
livinglies.wordpress.com | May 15, 2019
I am currently looking at a few new strategies. I will briefly outline them here not as recommendations but as possibilities that I think deserve exploration. As part of the collaborative effort of the LivingLies blog started in 2007 I am again asking for feedback as I analyze these strategies for legal foundation and likelihood of traction in Federal or State Court.
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The Big Hoax: Are "Sales" of "Loans" and "Servicing" Real?
livinglies.wordpress.com | May 14, 2019
References to sales of loans and servicing rights are usually merely false assertions to distract homeowners and lawyers from looking at what is really happened. By accepting the premise that the loan was sold you are accepting that the loan was (a) real and (b) owned by the party who was designated to appear as a "Seller."
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What is the difference between the note and the debt? What difference does it make?
livinglies.wordpress.com | May 13, 2019
This case reads like law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that are used in most foreclosure cases.
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How to Write an Appeal Without Looking Silly
livinglies.wordpress.com | May 8, 2019
Besides strict compliance with all appellate rules, lawyers must be in strict compliance with common sense. I know of no better way to immediately eliminate your chances on appeal than to assert abuse of discretion unless you have a situation that is shocking and stupid. Everything else comes under the heading of reversible error. Abuse of discretion means that the judge had discretion and went ultra vires --- beyond the bounds of his/her authority. Abuse of discretion is a part of the larger set of reversible error.
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Foreclosure Defense Revisited
livinglies.wordpress.com | May 7, 2019
Originally posted in November, 2008 this illustrates what happens when you destroy notes and then "recreate" them for purposes of claiming you have the original in court. The fact remains that neither of them had the original note because, as the Florida Bankers Association told the Florida legislature, it was industry practice to destroy the notes and then rely on the original.
Had it not been for a judge who was alert and had a good memory BOTH would have received a foreclosure judgment and possibly the clerk would have sold it twice, once to each claimant under a "credit bid" signifying that it was the owner of the debt --- a blatant lie by both claimants.
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Two Foreclosures, One Property, One Owner, Both Claiming Possession of the Original Note, Neither Claiming Ownership of the Debt
livinglies.wordpress.com | May 6, 2019
First the investment banks told the servicers to initiate foreclosure which they were more than happy to do since they were being paid ridiculous sums of money to do whatever they were told to do. Claims of securitization were routinely denied (2004-2009). The banks said there were no trusts (oddly enough they were actually telling the truth about that). Of course that didn't work out because the claimant in a foreclosure must own the debt and there was no way for a servicer to claim ownership.
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Banks Switching Tactics As "REMIC" Deficiencies Are Revealed
livinglies.wordpress.com | May 1, 2019
First the investment banks told the servicers to initiate foreclosure which they were more than happy to do since they were being paid ridiculous sums of money to do whatever they were told to do. Claims of securitization were routinely denied (2004-2009). The banks said there were no trusts (oddly enough they were actually telling the truth about that). Of course that didn't work out because the claimant in a foreclosure must own the debt and there was no way for a servicer to claim ownership.
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