17 Responses

    Top Ten Arguments to Prevail
    and Walk . . . with Keys to a Home.

    1. Derecognition
    2. Missing condition precedent at time of sale
    3. Basis in assets fails
    4. # 1, 2 and 3 are your break in chain of interest
    5. 1 thru 4 causes a the deed to be defect
    6. Where the deed is defect the sale must fail
    7. REPO is proof (motion to dismiss)
    8. Servicing transfer at 60 days is fraud
    9. Fee title is absolute and key affirmative defense
    10. FAS 140 controlling interests forces recognition.

    Evidential: 1122 AB; Auditor attestation, MBA letters of appeal, General ledger from Settlement to cut off date.

    It’s not case law (your making it) and not in the argument if arguments lack the accounting – it’s all in the math. GAAP and FASB , its proof, absolute, God given proof, there in front of you. RECONSTRUCT THE GENERAL LEDGER . . .


  2. Its a federal issue. Preempted by the Feds. The fact is the fraud is not what you think it is. I said before and shall say again. What you see is intended to throw you off.

    Hmmm Debt collector, FDCPA, FDIC is acting as a conservator in receivership, securties rule safe harbor enactment January 1st 2011.

    These foreclosures are not impaired by jurisdiction. There is a judgement entered before they ever get you into court. Why all the games and appearances of fraud. Debt collectors are not trustees (nor are trustees if you think about it.)

    The fraud your missing is GAAP, charges to assets, reestablishing basis in assets

    …it wasn’t MERS or robo-signers or anything that could possibly be considered by any judicial system as a ‘mere technicality

    They own nothing and are allowing you to fall for the fraud. Robo Bobo is a suckers play – you get a house for that?

    MERS is where the market is headed. Just nice if they would let congree pass it first. But now MERS is the FED. Hello!

    This is all so you wont intercept their claims in a Federal court and plead dec relief while they pray you forget to motion for a TRO. That court docket is keeping some of our clients in homes for up to two years.

    Think folks. It’s not what’s obvious….but what is so simple its difficult to see!


    Not an attorney and not intended for legal advice. Only a licensed practitioner can advise you. Consult your local bar.

  3. I totally agree with the “Good Luck” sentiments of having (ANYONE) arrested or convicted of fraud for illegal foreclosures; unless of course, it happens to be the consumer. So far, the (ONLY) one showing fear is (US) the consumers. The very idea of arrest for fraud sounds sensational but trust me, it’s not that black and white. As i’ve previously stated about the crimes involved with the illegal foreclosure of my mortgage, it wasn’t MERS or robo-signers or anything that could possibly be considered by any judicial system as a ‘mere technicality’. If ever there was a true and legitimate case for arrest, conviction and jail time; mine would definately be the poster child. Ours was the obvious out-right criminal acts of (mail fraud, mail tampering, forgery, fabrication,retaliation; extortion and misrepresentation of intentions), and guess what; (NOBODY) at the FEDERAL LEVEL cares. I’ve presented my evidence to the FBI; Attny Gen; Postmaster General; Postal Inspector; MS Bar and many attny’s; and for reasons which are not yet known to us; no one wants to deal with it. Amazingly enough; not one has stated there isn’t evidence of fraud, or there isn’t a case; but instead, each refers the matter to someone else or refuses to acknowledge its existence altogether. Wonder why? Maybe it puts a real face to the ugly monster everyone wants to call “mere technicalities”. The fraud used in our criminally illegal foreclosure would force the Feds to acknowledge the big fat elephant in the middle of the room which everyone pretends, NOT to see, and would also send the perpetrators to prison for real.So far, the majority of foreclosures have been, for the most part, rolled into this neat little ball, being made to appear legitimate.- No one is going to jail except the bank robber comming from the streets or maybe us, far slandering the banks’ name-. I firmly believe that.

  4. Remember only your DA (or Justice Dept. etc.) can file criminal charges……so good lucky in trying to get them to file against any judges.

    Ordinary citizens cannot file the criminal charges.

  5. Can any one shed light how the witnesses to congress are chosen or selected?

    If any one can give info regarding this we need to send Mr. Garfield, Mr. Kaiser, Mr. Krieger, and others.

    Just beware of your state legislature the felons are after changes in state laws. Let us tighten the rope.

  6. Once the election krap is over with, the real story is going to get out there in the mainstream media. Wednesday or Thursday November 3 and 4 the real horror story is going to really start coming out. I think part of the revelation is going to be the reporters who really are investigative reporters telling it like it is. We know mainstream media likes to be on the “winning side” of the story. If you have 15 – 20 million Americans screaming about their mortgages, foreclosure, loan servicing fraud and extortion, emotional pain and distress, financial ruin perhaps we are going to get somewhere.

  7. Unfortunately, they have a lame-duck Congress, the W.H.- the Fed & the governors behind them so they are unafraid, more brazen, and ready for a bigger yacht in Tahiti.

    Unless of course, we consistently insist otherwise!

  8. Great work Dave & others.

    Criminals v. American People, 2010 US 1775 at 1776.

  9. Zoe I am in CA and have gone through the process and you are correct.

    It is time to file criminal charges against Judges.

  10. Zoe,

    Are you in CA? I have been told that the state courts let things be done in just about any order here in CA.

    BK court is the only court that seems to take notice and enforce any rules.

    Even if the STATE allows the assignment to occur after the foreclosure has started, you do have the mortgage being assigned to a CLOSED pool.

    The judge should end up questioning WHY a defaulted loan would be acquired by a pool. BK judges have questioned this.

    There is the ramification of any loan being placed into the CLOSED pool as far as the REMIC standing of the pool with the IRS.

    In my own assignment, the single-step assignment attempts to jump the loan from the pretender-lender’s fake DBA directly into the trustee for the certificateholders. I have not gotten the question answered yet on what that does.

    Per the New York Times “The procedures stipulated for these securitizations are labor-intensive. Each loan has to be signed over several times, first by the originator, then by typically at least two other parties, before it gets to the trust, “endorsed” the same way you might endorse a check to another party. In general, this process has to be completed within 90 days after a trust is closed. ”

    The ‘endorsement’ that the NY Times article talks of is what should be present on the NOTE. The way the Deed is assigned is an “assignment of deed of trust” that is filed with the County Recorder’s Office. To precisely have the deed and the note in the same hands at the same time, the assignment needs to show the same chain.

    The document that was filed on my property does NOT do that. The BK court has only been provided with a copy of a copy of the note that is clearly stamped as a ‘Verified Copy’ by the TITLE COMPANY! That is NOT a copy of the LIVE negotiable note!

    So the only ”copy” of the note produced does not show ANY chain of transfer and the assignment that was filed has numerous defects.

    MERS was used by Litton’s Debra Lyman to attempt this assignment. Debra is an attorney with Litton. She should KNOW BETTER. As an attorney, the courts will expect her to know better.

    Strangely, Litton even put the Trustee Sale number information on this assignment of the Deed of Trust.

    That shows that they are BLATANTLY recording materials out of order.

    If you can get this heard by a judge, you need to require get certain documents produced by the pretender-lender/foreclosing agent. They need to show the agreements that give them the power to take action. Unless the action is being taken by the original parties to your loan, you need to have a number of documents produced. I suspect BK court is your best chance of getting an adversarial hearing and the necessary production of documents from the offender-pretender-lender.

  11. Hello Neil and Dave , I am ask you to get some answer.
    I HAD A DREAM , but not anymore.
    I never read anything about , HOW the whole bubble started ( except subprime ) and everybody did go UNDERWATER. I still believe , that we never will go OVERWATER , if not the AVM Online will be shout down and regular appraiser will set the price.
    I get burned with CORELOGIC and with ZILLOW .
    Here is my Dream :
    CHASE sold me a HELOC ,so my First Mortgage and Heloc would be $ 313,000.00 . I needed the HELOC to expand my business building .I have my business for 24 years , and make my decision very careful.
    Few months later , CHASE closed the HELOC account without any reason , but CORELOGIC told CHASE , the Home Value dropped to $ 198,000.00 .
    Another few months , I check on CHASE Web my Home , was in the MORNING $ 160,000.00 and in the EVENING $ 142,000.00 . On one day , a drop off $ 18,000.00 ? Another few months CORELOGIC Link on CHASE Web show my Home $ 126,000.00 ,
    NO WAY to refinancing ,that was the answer from CHASE . I have 345 receives over $ 28,000.00 from Home Depot and Lowe in my hand .
    How work the both together ?? WHO make the money ,if my home goes in auction ? I am sure BoA and WF work the same way , may be with ZILLOW or CORELOGIC too.
    Almost every Realtor goes in this AVM links , and believe it is the truth . Now I have a half finish business building ,thanks CORELOGIC.

  12. I think the biggest problem I have is my state allows assignments to be recorded at any time before lenders file a lawsuit for foreclosure. Both can be recorded at the same time, but in order. And my state isn’t making the first peep about MERS. Anyone else faced with that?

  13. How the Banks Put the Economy Underwater
    New York Times Article.


    Dave Krieger keep up the awesome work. I agree with you.

    Be Strong and Courageous.


    Folks, you need to read the article. From the headline, you’d think all mortgage lenders are starting to jump ship. The first paragraph of this National Mortgage News article should have told you it was “BAIT”. This would tell me as a journalist that there are problems with this story, as much as all of you would like to believe it.

    First, there is no reporter that is attributable to the story. You wouldn’t know who to call if you had further questions. At least with legitimate stories, like WSJ or WP, they would at least have the reporter’s email available to you. No such luck here.

    Second, further reading should have indicated to you that the crux of this article was an exchange of opposing views between Peter Nickles and Tom Deutsch.

    And third, the last line? MERS didn’t return phone calls. That’s nothing new.

    Considering all of this … and the fact that Brian and others like myself only realize AFTER the fact, that their “subscription” may be just a way for the banking industry to glean email addresses and contact information from people who are anti-lender, anti-MERS.

    I am going to pursue an investigation into this bunch and find out what they’re up to.

    One paragraph mentioning lenders abandoning MERS doesn’t mean the house of cards is falling down; nor does it mean that the rest of the story can afford to disconnect itself from the first paragraph … but that’s exactly what it did.

    This my friends … is BAIT!

  15. The last line in the article on ‘Lenders-Turning-Backs-on-MERS-…” mentions the NOTICE that is SUPPOSED to be provided to the borrower when there is an assignment.

    For everyone here who has found an assignment of their Deed of Trust recorded with the county recorder: DID ANY OF YOU RECEIVE ANY NOTICE OF THAT ASSIGNMENT?

    I found one generated and recorded this year. It was recorded more than 30 days ago. Where did they send MY notice? I did not get one!

    The article in question tries to defuse the demand that all assignments be recorded with the county by claiming that the real requirement is simply notice to the borrower of the assignment. Well, that should apply when they ARE recorded too, pal.

  16. Neil,
    You need to be a witness at the upcoming Congressional hearing. Find out how you can become one somehow. I would guess that you need to call the staff of the chairman of both committees and/or send them an official letter outlining your expertise and knowledge on the matter. Who knows?

Contribute to the discussion!

%d bloggers like this: