US TRUSTEE Louisiana sanctions motion memo v LPS

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY

Editor’s Note: Every time a lawyer, Judge, US Bankruptcy Trustee stops to actually look at the paperwork, the result is the same. The game is your would-be forecloser to get the Judge to avoid scrutinizing the documents. It works in most cases because either the debtor does nothing or his lawyer, not up to speed on securitization, doesn’t quite no what to say.

YOUR JOB: GET THE LAWYER, US BANKRUPTCY TRUSTEE OR OTHER JUDGE ON THE SAME PAGE: Set a reasonable goal. Your goal is to get everyone to follow the rules of evidence. Your goal is to get everyone to scrutinize those documents.

The game is that the pretender lender presents documentation that appears to be valid on its face. They figure first of all that you or your lawyer are going to give up right there so the Judge will never rule on it because he hasn’t been asked to do so. Their ace in the hole is the perception and belief of the presiding Judge that the debtor must be in default either because the debtor already admits it directly or indirectly or just because “why else would a financial institution foreclose?”

In every case where the homeowner has succeeded in getting the Judge to allow testing of the veracity of the pretender lender’s representations, the homeowner has won or settled on very favorable terms. No case has ever actually gone to trial that has been reported to me.

The moral of the story is as I have said for three years now, assume nothing, accept nothing at face value, make them attempt to prove every element of what they are proffering to the court. They can’t do it.

Louisiana sanctions motion memo

MEMORANDUM OF LAW IN SUPPORT OF UNITED STATES TRUSTEE’S
MOTION FOR SANCTIONS AGAINST LENDER PROCESSING SERVICES, INC. AND
THE BOLES LAW FIRM

Louisiana sanctions motion

16 Responses

  1. Lender Processing Services aka LPS seems to be buying up foreclosures at the Court House under their address…

    http://www.stopforeclosurefraud.com/2010/06/01/lender-processing-services-lps-buying-up-homes-at-auctions-take-a-look-to-see-it-this-address-is-on-your-documents/

  2. DyingTruth,

    I am in Florida. Their only defense is that the material disclosures were provided and therefore they have no duty to respond or even acknowledge a rescission. They have lost two rounds of 12(b) motions in federal court thus far. Now they want the federal court to abstain in lieu of state court. So they pushed for the state court to set the case for trial. Just found out this morning that the foreclosure division of Orange County is being re-vamped and there will be new judges appointed, so everything is on hold for now. The trial order, however, I believe is still in effect until the judge does something. So far, there is no official order continuing the trial.

  3. Alina,
    what district court in california? be careful of court staff. wait a minute your not in ca are you? what have they claimed as for their defenses to rescission so far?

  4. My case then may be the first to go to trial. The case is set for the 3-week trial calendar beginning July 12, 2010.

    They have not respnded to discovery – have a motion to compel. They want to do mediation and depos all in the same week plus they just filed a motion for summary judgment which is chock full of misrepresentations. That hearing is also set in the same week.

    I have a federal action pending to enforce TILA rescission but they are ignoring that. They claim they do not have to respond to rescission letters because there is no basis for rescission. I have a motion to stay pending the federal proceedings. They filed a motion for abstention.

    Judge in state court will not set evidentiary hearing instead all motions are heard on his “foreclosure” calendar which is the ex-parte calendar beginning at 8:30 am. They told me that they will go forward with the mediation even if the judge grants my motion to stay. Why?????!!!! There is nothing to mediate. Either they accept the rescission or else there is nothing to talk about. With an outstanding TILA claim in federal court, there is nothing to mediate.

  5. ANONYMOUS,
    One of the only things i’ve been able to think of other than the last drastic alternative of strategic militant organization and concentrated mobiliazation is not an easy one to consider, but I am considering it. I might actually call them(the judges & the ones from the 9th Cir which is scary at that) on it, cite the sections in the USC where authorization for investing the retirement funds with various pooling schemes and try to explain and reason with them that they’re being used as puppets. Being falsely driven with the incentive to salvage their retirement investments by these wall street brokers that made all these bad deals pocketed tens of billions of dollars each time they made one, and using the state of economic turmoil for judges to take out their rath and anger on homeowners that were/are even more the victims, while wall street makes out like a thief in the night. and unless they stop it, when it’s all over and everything begins to surface the judges will look like to worst crooks of all because they were in the best position to stop the crime and one of their biggest responsibility is maintaing the integrity of the courts which ultimately will be viewed as the enemy by the people. unless the harm is reversed by the courts which would be in the judges best interests. because wall street has planned all along to “carrot stick” them until the end of the road when they’ll be used as a scape goat and wall street will point the finger in blame at the judges and say “well they let me do it and get away with it so you should be angry at them”.

  6. These court rulings or decisions, with the NC ruling being the latest posted by Neil, while individually would not account for much, when viewed collectively, present an overwhelming indication that something is SERIOUSLY wrong. We as readers of this site don’t need to be told this, but everyone else does. If there is anyone out there who knows how to do the facebook,twitter,linkedin etc platform, then by all means it should be done. Also, others have mentioned that the info on this site, while invaluable, is disorganized. There is so much to understand, that I cannot carry on a conversation with anyone regarding this topic, as it would take an hour or two of conversation and a briefcase full of case law just to bring the person up to speed. This, of course, is due to the fact that the media has been rendered useless by the massive pr campaign/lobbying by the financial industry. They have created the “perfect storm”. But, the tide is turning, and quickly. I had predicted that the Federal Government would nationalize the banks by the end of June, as the incredulous scale of this fraud is exposed. Tie that in with escalating inflation to devalue the outstanding federal and state debt,and that is the second perfect storm. Who cooked this up? They almost pulled it off. But we here at livinglies will turn the tide and prevail in the end. Because it just ain’t right.

  7. Dying Truth

    Yeah – Agree – but what do we do about it???? And how did we ever allow this to happen???

  8. Don-CA I feel your pain. What part of cali are located in? I’m in OC.

    What Neil says is true no case has gone to trial and no case will. Because currently the decision(illegitimately) to allow a case to proceed to trial is the judge and all judges have a lot at risk on the line right now, more than you know, as well as every state and federal public employee with a pension. If any case were alow to go to trial the names of all those public employees would be revealed as real parties in interest. WHY WON’T ANYBODY REALIZE THAT?!

  9. To The A MAN

    You know, your continued “God Bless America” – may be just working. We will win – step by step.

    You are right – massive foreclosures are unexplainable.

    And the below is peanuts. FTC – you have to do better for the people. This settlement will not help people keep their homes. FTC – get to the nitty gritty – fraud from the onset.

    BofA to Repay $108 Million to Bilked Countrywide Borrowers
    By MATTHEW SCOTT Posted 1:30 PM 06/07/10 Company News, Economy, Bank of America, Real Estate
    Comments: 62 Print Text Size A A A
    EmailMore
    BofA to Repay $108 Million to Bilked Countrywide Borrowers
    Bank of America agreed on Monday to repay $108 million to 200,000 struggling homeowners who were overcharged fees by Countrywide mortgage services companies prior to 2008. Bank of America acquired Countrywide in July 2008.

    According to a complaint filed by the Federal Trade Commission, Countrywide created subsidiaries that it used to collect excessive fees from homeowners who had fallen behind with their payments — sometimes marking up charges for inspections, landscaping and other services meant to protect the value of the homes by 100%.

    Countrywide is also accused of not informing homeowners who had filed bankruptcy to save their homes that hundreds or thousands of dollars in additional fees and escrow charges had been added to their mortgages. Once the bankruptcy cases were completed, Countrywide would attempt to collect the additional charges, even if it meant forcing homeowners into foreclosure. As many as 200,000 borrowers were affected.

    By setting up subsidiaries to handle services that were needed as millions of homeowners fell victim to the housing crisis, Countrywide was able to increase its revenues substantially by essentially paying itself to administer default-related services to the customers it had sold sub-prime loans to.

    “To have a major loan servicer like Countrywide piling on illegal and excessive fees is indefensible,” said FTC Chairman Jon Leibowitz in a press release.

    The settlement requires Countrywide to pay $108 million, which will be refunded to the homeowners Countrywide overcharged before July 2008.

    See full article from DailyFinance: http://srph.it/ammMwF

  10. Thats the ticket, band together in numbers and make them see us. If all the Judges do is start applying the law the it was meant to be applied the fight would be fair! Dont take it for granted that the banks are always right because just the opposite is true!

  11. FYI

    We need more judges like this…

    Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing; MERS et al

    Utah has stopped ALL foreclosure proceedings in the State of Utah by Bank of America Corporation, ; Recontrust Company, N.A; Home Loans Servicing, LP; Bank of America, FSB; The Court Order if allowed to become permanent will force Bank of America and other mortgage companies with home loans in Utah to adhere to the Utah laws requiring lenders to register in the state and have offices where home owners can negotiate face-to-face with their lenders as the state lawmakers intended.

    The Judge felt so strong about the case before him, he issued the preliminary injunction order without a hearing halting the foreclosure process.

    “Can you imagine the audacity of the Bank of America and other big mortgage lenders that took billions in bailout funds to help resolve the mortgage mess and the financial institutions now are profiting by kicking people out of them homes without due process under the law of the State of Utah.”

    4closureFraud.org

  12. Remember, the government set this into motion with a stroke of a pen. So why should the judges see the real truth.

  13. Just spoke to a friend who has been in court all last week in CA. The judges are on the banks side and as the judge said, in court “I get a alot of these” .

  14. I TRULY BELIEVE THAT NEIL GARFIELD AND COMPANY HAVE GIVEN US ENOUGH AMUNITION EVIDENCE TO CONVICT ANYBODY IN A FAIR GAME IN THE COURT OF LAW.

    I BELIEVE THAT THE ONLY WAY TO REALLY WIN THIS IS IN THE COURT OF PUBLIC OPINION. WE NEED TO HAVE A FACEBOOK OR TWEETER CAMPAIGN IN EDUCATING THE PUBLIC TO WHAT IS GOING ON.

    EXPLAIN IN A VERY SIMPLE WAY WITHOUT DETAIL AND IF SOMEBODY WANTS DETAIL THEY CAN GET IT.

    CAN SOMEBODY IMAGINE THE DAMAGE TO OUR ECO SYSTEM BUILDING ALL THOSE HOUSES THAT THEY KNEW WOULD BE ABANDONED? ETC…………

    HOW MUCH WOOD IT TOOK TO BUILD THE HOMES, HOW MANY FORESTS HAVE BEEN DAMAGED ONLY TO BE WASTED.

    THE PUBLIC NEEDS TO UNDERSTAND WHAT IS REALLY GOING ON.

    NEVER AGAIN
    GOD BLESS AMERICA

  15. the man, i share your pain we live in sad times all we can do is keep speaking truth and hope it catches on

  16. WE NEED TO YOUTUBE THESE JUDGES THAT DONT WANT TO LISTEN. TREAT THEM LIKE NAZIS. SUBPENA THE JUDGES PARENTS SPOUSES PASTORS OR RABBIS TO LISTEN TO THE AUTROCITIES AND CRIMES AGAINST HUMANITY THAT THESE JUDGES ARE INFLICTING CRIMES AGAINST HUMANITY.

    7 MILLION DEFAULTS OR FORECLOSURES IS ALL THE PROOF THE JUDGES NEED TO KNOW THAT THEY ARE BEING PLAYED THE FOOL BY THE SO CALLED BANKS.

    GOD BLESS AMERICA

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