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November 2018 Article Archive

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The Answer is Nobody Has Standing to Legally Enforce the Alleged Mortgage Loan Documents
livinglies.wordpress.com | November 30, 2018
So here’s the million-dollar question. If the investors who put up the money to either fund the loans or purchase the “underlying” assets have no recourse to go after the collateral, who does?” The current answer is nobody, which is nearly impossible to wrap your head around. But the future answer lies in either well-informed court doctrine or new legislation (or both) that will clear the obvious bungled title issues and the obvious wrongful and fraudulent foreclosures conducted over the last decade or more.
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How to Follow the Money
livinglies.wordpress.com | November 26, 2018
Ultimately all debts, notes and mortgages (or deeds of trust) are about money. They are not about property. The property is incidental to the deal and ONLY comes about if there is a dispute in which there is a claim that you didn’t pay money that is owed to the owner of the mortgage deed or the beneficial owner of a deed of trust. The mortgage deed or deed of trust is conditional, not absolute like your deed to your property that names you as owner.
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Back to Basics: Countrywide as a Vehicle for Fraud on Borrowers and the Courts
livinglies.wordpress.com | November 23, 2018
Home Affordable Modification Agreement (HAMA) is really a HAMMER.
In my discussions with Charles Marshall and Bill Paatalo we frequently analyze and discuss attributes of documents and the underlying real events that occurred, which are often not connected in any manner with what is written on the documents. One such fact pattern came to our attention and I issued the commentary below.
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Flipping Fraud: Is It Really Any Different From What the Banks Are Doing?
livinglies.wordpress.com | November 21, 2018
Flipping Fraud: the act of getting a deed executed in the name of someone who doesn’t own the property and then selling the deed to a third party.
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How to Beat the Shell Game
livinglies.wordpress.com | November 19, 2018
The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use sham conduits and fictitious names at will, leaving an ever widening gap between the real and the unreal. It’s the gap that enables so many homeowners to win.
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Seeking Stay or Continuance for Medical Reasons
livinglies.wordpress.com | November 16, 2018
The bottom line is don’t do that unless your situation is compelling. Don’t assert medical conflicts when the conflict could easily be resolved. Filing such a motion without a sworn affidavit and supporting documentation is the same as not filing it at all.
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CitiGroup — Unrelenting Concealment and UN Accountability
livinglies.wordpress.com | November 15, 2018
What If It Is A Conspiracy And It’s No Theory? Citi companies, as Elizabeth Warren has pointed out a number of times, deserves to be broken up into little tiny inconsequential pieces. The presence of the name “CitiMortgage”) without any entity directly tied to it, has led to direct malfeasance and corruption even in Florida courts. “CitiMortgage” is named by foreclosure mill attorneys as the “Plaintiff.” And Citi subsidiaries pass around the mortgage as though it was a plate of hors d’oeuvres. As one perceptive reader just pointed out to me, “Do you really think that those companies each paid for the debt every time there was a paper transfer?” No I don’t. And the skulduggery perpetrated by Citi that I have personally witnessed is maddening — especially in counties that are corrupt.
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U.S. Sues UBS for Fraudulent Sales of RMBS But Still Manages to Get it Wrong
livinglies.wordpress.com | November 12, 2018
The bottom line is that the loans themselves were fatally defective in terms of the loan documents. The money was delivered but not by the named “lender” nor anyone in privity with the named lender. At all times nearly all of the loans were in actuality involuntary direct loans from investors who had no knowledge their money was being used to originate loans without any semblance of due diligence.
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Current Status of TILA Rescission and Its Application to Past, Present and Future Foreclosures
livinglies.wordpress.com | November 9, 2018
Ultimately there will be recognition that the courts are vetoing legislation passed by congress simply because the judges disagree or are afraid of the consequences if they were to apply the law. Congress wrote it, passed it, and it was signed into law. In a nation governed by the rule of law there can be no space for exceptions. This is a violation of the most basic tenet of the US Constitution — division of governance into three co-equal branches of government. The courts are required under law to follow the law. Eventually the chickens are going to come home. How and when that will happen remains unclear.
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Fundamentals of Foreclosure
livinglies.wordpress.com | November 6, 2018
When a lawsuit is filed or nonjudicial foreclosure is initiated, the party bringing the claim always has the burden of proving the legal elements of the claim. Such a party must prove that it has the right to make the claim (standing) in addition to establishing the elements of a cause of action. A party only has the right to make a claim (i.e., the court only has jurisdiction) if the the claiming party has been injured in some way by the Defendant or homeowner, in the case of foreclosures. The claiming party must identify itself and allege that it exists and is otherwise sui juris (able to make a claim under state law). In foreclosures, this element is nearly always misrepresented.
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Wells Fargo Scams Continue Unabated According to Their Own Reports
livinglies.wordpress.com | November 7, 2018
The take-away is that modifications are a scam to either steal the loan or force homeowners into foreclosure. If the modification is seen as completed, the loan has been stolen because the creditor has become a new and different party than anyone in the chain of title to the mortgage deed. If the modification is denied it is because they have never submitted it to any owner of the debt or their authorized representative and they are forcing homeowners into foreclosure, bankruptcy or both.
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