KISS: KEEP IT SIMPLE STUPID

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KISS: KEEP IT SIMPLE STUPID

Finality versus good and evil. In the battlefield it isn’t about good and evil. It is about winner and losers. In military battles around the world many battles have been one by the worst tyrants imaginable.

Just because you are right, just because the banks did bad things, just because they have no right to do what they are doing, doesn’t mean you will win. You might if you do it right, but you are up against a superior army with a dubious judge looking on thinking that this deadbeat borrower wants to get out of paying.

The court system is there to mediate disputes and bring them to a conclusion. Once a matter is decided they don’t want it to be easy to reopen a bankruptcy or issues that have already been litigated. The court presumably wants justice to prevail, but it also wants to end the dispute for better or for worse.

Otherwise NOTHING would end. Everyone who lost would come in with some excuse to have another trial. So you need to show fundamental error, gross injustice or an error that causes more problems that it solves.

These are the same issues BEFORE the matter is decided in court. Foreclosures are viewed as a clerical act or ministerial act. The outcome is generally viewed as inevitable.

And where the homeowner already admits the loan exists (a mistake), that the lien is exists and was properly filed and executed (a mistake) and admits that he didn’t make payments — he is admitting something he doesn’t even know is true — that there were payments due and he didn’t make them, which by definition puts him in default.

It’s not true that the homeowner would even know if the payment is due because the banks refuse to provide any accounting on the third party payments from bailout, insurance CDS, and credit enhancement.

That’s why you need reports on title, securitization, forensic reviews for TILA compliance and loan level accounting. If the Judges stuck to the law, they would require the proof first from the banks, but they don’t. They put the burden on the borrowers —who are the only ones who have the least information and the least access to information — to essentially make the case for the banks and then disprove it. The borrowers are litigating against themselves.

In the battlefield it isn’t about good and evil, it is about winners and losers. Name calling and vague accusations won’t cut it.

Sure you want to use the words surrogate signing, robo-signing, forgery, fabrication and misrepresentation. You also want to show that the court’s action would or did cloud title in a way that cannot be repaired without a decision on the question of whether the lien was perfected and whether the banks should be able to say they transferred bad loans to investors who don’t want them — just so they can foreclose.

But you need some proffers of real evidence — reports, exhibits and opinions from experts that will show that there is a real problem here and that this case has not been heard on the merits because of an unfair presumption: the presumption is that just because a bank’s lawyer says it in court, it must be true.

Check with the notary licensing boards, and see if the notaries on their documents have been disciplined and if not, file a grievance if you have grounds. Once you have that, maybe you have a grievance against the lawyers. After that maybe you have a  lawsuit against the banks and their lawyers.

But the primary way to control the narrative or at least trip up the narrative of the banks is to object on the basis that counsel for the bank is referring to things not in the record. That is simple and the judge can understand that.

Don’t rely on name-calling, rely on the simplest legal requirements that you can find that have been violated. Was the lien perfected?

If the record shows that others were involved in the original transaction with the borrowers at the inception of the deal, then you might be able to show that there were only nominees instead of real parties in interest named on the note and mortgage.

Without disclosure of the principal, the lien is not perfected because the world doesn’t know who to go to for a satisfaction of that lien. If you know the other parties involved were part of a securitization scheme, you should say that — these parties can only be claiming an interest by virtue of a pooling and servicing agreement. And then make the point that they are only now trying to transfer what they are calling a bad loan into the pool that the investors bought — which is expressly prohibited for multiple reasons in the PSA.

This is impersonation of the investor because the investors don’t want to come forward and get countersued for the bad and illegal lending practices that were used in getting the borrower’s signature.

Point out that the auction of the property was improperly conducted where you can show that to be the case. Nearly all of the 5 million foreclosures were allowed to be conducted with a single bid from a non-creditor.

If you are not a creditor you must bid cash, put up a portion before you bid, and then pay the balance usually within 24-72 hours.

But instead they pretended to be the creditor when their own documents show they were supposed to be representing the investors who were not part of the lawsuit nor the judgment.

SO they didn’t pay cash and they didn’t tender the note. THEY PAID NOTHING. In Florida the original note must actually be filed with the court to make sure that the matter is actually concluded.

There is a whole ripe area of inquiry of inspecting the so-called original notes and bringing to the attention the fraud upon the court in submitting a false original.  It invalidates the sale, by operation of law.

16 Responses

  1. […] KISS: KEEP IT SIMPLE STUPID MOST POPULAR ARTICLES CLICK HERE TO RESERVE SEATING AT HAWAII WORKSHOP GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE KISS: KEEP IT SIMPLE STUPID Finality versus good and evil. In the battlefield it isn’t about good and evil. It is about winner and losers. In military battles around the world many battles have been […] […]

  2. LL Reader: Assignment of mortgage made almost two years after alleged trust closed. Assignment (fabricated) was made by Mers/Servicer for bankrupt New Century and no authority attached. It is now going on three years.

    If case gets dismissed for lack of prosecution, does the Fabricated assignment get stricken from the record??
    ———————————————————————————

    How many more of these cases will be dismissed while parties leave the courtroom dancing and high five’n one another and disregarding filing requirements for a release of lien.

    We had a case that was decided (09) with prejudice – what more can you ask for . I begged counsel to file the release and get the final leg of the journey over.

    Perry Mason say’s Passssss Explains to me the judicious interpretation of prejudice. Straight from the fortune cookie .

    Today , well the Client is 100% OUT! Out of the home and not visiting this site at night.

    Stop him…. Please ! Someone…

    Expert.witness@live.com

  3. Question: Foreclosure in Florida. Assignment of mortgage made almost two years after alleged trust closed. Assignment (fabricated) was made by Mers/Servicer for bankrupt New Century and no authority attached. It is now going on three years.

    If case gets dismissed for lack of prosecution, does the Fabricated assignment get stricken from the record?? I

  4. sorry about the spelling errors

  5. More…..

    “The effect of a statutory right of redemption is to diminish the ability of the lender to sell the foreclosed property. The exercise of a right of redemption would defeat the title of any purchaser from a foreclosure sale or sale under a deed of trust. Consequently, the practical effect of the redemption right is to force the lender to maintain the property and pay the expenses of ownership until the redemption period has expired. In some states, a post-sale statutory right of redemption may exist following a judicial foreclosure, but not following a trustee’s sale under a deed of trust.”

    These people “Investors” were duped! THEY WERE THE REAL LENDER and Didn’t Realize it!

    The “Originator” using investment funds, under a “quazi” form as the real lender…..is Blatently False

    Think about this, such original “lender” is no longer in business. WHAT LENDER?….THE LENDER,or for the purpose of the duped certicate holders, The LENDER in the proceeds was nothing more than a “shill” proporgated by Wall Street

  6. Quoted from the same prospectus I posted here on 8/28/11…..

    “Although foreclosure sales are typically public sales, frequently no third party purchaser bids in excess of the lender’s lien because of the difficulty of determining the exact status of title to the property, the possible deterioration of the property during the foreclosure proceedings and a requirement that the purchaser pay for the property in cash or by cashier’s check. Thus the foreclosing lender often purchases the property from the trustee or referee for an amount equal to the principal amount outstanding under the loan, accrued and unpaid interest and the expenses of foreclosure. Thereafter, the lender will assume the burden of ownership, including obtaining hazard insurance and making such repairs at its own expense as are necessary to render the property suitable for sale. The lender will commonly obtain the services of a real estate broker and pay the broker’s commission in connection with the sale of the property. Depending upon market conditions, the ultimate proceeds of the sale of the property may not equal the lender’s investment in the property”.

  7. John Gault – MERS has the authority to hire the foreclosure attorney who will assign the same loan to the lender shown on the note. Then the property is sold to Fannie Mae or Freddie who will allege REPO the property “after ” the sale FBO . . . The lender shown on the note (verify) . Its the lender foreclosing on a repurchase commitment and mandatory “put” back to the seller.

    WHO – Who is Merscorp as a nominal interest acting on behalf of . Who?

    a) Boogie Man
    b) Anonymous
    c) Tony Orlando and Dawn
    d) Charged Orphaned Assets

    The Trustee is made whole so what is the problem here.

    M.Soliman

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    RESPA , TILA, Memphis and Sky-la.[ See case Re : Hillbilly Jim and Uncle Elmer ;1834 citation…) How does he know. Stop him ; attack him. Call him a fraud , cut and paste over him; tune a piano or eat a sandwich ….do something please…Ahhhhh!

  8. Be sure to look at the recent rulings in Nevada (Pasillas and Levya) and the Veal decision from the 9th Circuit Bankruptcy Appellate Panel. I will try and upload them today. – Amberlea Davis

  9. @Nora, the answer the issues AGs are dealing with is a STATE issue regarding matters of the State and not the general public in any civil law suit.

  10. Could someone answer Nora’s question please? On that darn site, no one ever answers anyone’s questions!!!

  11. Gary H.
    That needs to go viral…
    Problem is…most people will look at it and go–“What am I looking at???”
    And that’s what the “greedy bastards” counted on, I guess…

  12. Must one file a seperate lawsuit to attack the illegal sale or can this be done by a motion in cause in a non-judicial state?

  13. Must one file a seperate lawsuit to attack the illegal sale or can this be done by a motion in the cause?

  14. Neil, this is all really good information to use and I understand why having the audit is important. My question is, if they AGs make a deal with the banks and decide not to pursue the investigations and give the banks amnesty for the fraud they committed, do we (the home owners) still have the right to go after the banks for that fraud? Would appreciate a response, thank you.

  15. Please, please go to the link posted…..it will open your eyes!

  16. This is an investor prospectus from my PSA 000133705 (Central Index Key)…..these bastards knew, they KNEW what was being sold and the ramifications. I’ve only read the first 20 pages…..I’m so pissed…..everything, EVERYTHING that has been said here is finally coming forward.

    Here’s the link…..

    http://www.sec.gov/Archives/edgar/data/807641/000112528205004474/0001125282-05-004474.txt

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