The Pleading Trap in the Foreclosures Brought by Persons in the “Securitization” Cloud

One of the ways that judges are greasing the skids for fraud by the banks is that they ignore the basic requirement of pleading — that the complaining party plead the existence of a duty of the homeowner, breach of that duty and consequential damages as a result of that breach of that duty by the defendant homeowner. By failing to allege the ultimate fact that the originator actually made the loan, the banks are forcing the homeowner to file an affirmative defense instead of merely denying the allegation by the bank, which would place the burden of proof on the Bank — a burden that in most cases that they could not sustain.

Instead of any allegation that the Forecloser became the holder in a transaction in which value was exchanged or paid by the Forecloser, the Banks ignore that allegation and force the homeowner to file an affirmative defense stating that there was no value paid or even involved in the alleged transfer of the mortgage and note. The foreclosing party escapes without be required to allege facts that it could never prove! This isn’t just bad pleading that is allowed to pass as stating a cause of action, it is a violation of statute.

The complexity of the documentation and movement of money in fraudulent securitization schemes leads lawyers and judges to oversimplify the situation producing anomalous results. It may sound counterintuitive to say that a party may be “holding” the mortgage because if endorsement of the note but not be able to enforce the mortgage without showing and pleading they paid for it. But to say otherwise as the Banks insist, would allow sophisticated criminals to intervene and capture the property without paying a dime for it. The crime here is that the investors who advanced the ONLY consideration in the whole deal are deprived of both the proceeds of collection AND the collateral promised as security for their advance of funds. As an analogy, the logic being used in many courts would allow John Smith to sue for personal injuries suffered by John Doe in a slip and fall in front of a supermarket never visited by Smith, who had never even been in the same State!

As Ronald Ryan, Esq. of Tucson, Arizona pointed out years ago, the courts are confusing Article 3 and Article 9 of the UCC as adopted by each State. Nearly all the trial and appellate decisions are based on Article 3 despite the fact that ONLY Article 9 governs the enforcement and transfer of security agreements — including mortgages. That Article specifically requires that for a holder of the note to enforce the collection by sale of the collateral, the party seeking that affirmative relief must allege they paid for the mortgage. If there is no value paid, there is no enforcement of the mortgage. Period end of story.

But judges are accepting arguments from counsel based on Article 3 of the UCC which has nothing to do with mortgages. The new law in Florida (inadvertently or not) essentially recognizes this for a lawful foreclosure of the mortgage collateral. This is a judicial doctrine that interferes with both due process and essential substantive law. The key reason the banks are not pleading they made a loan and that they will suffer financial injury is because they didn’t make the loan (and neither did any predecessor) and since they didn’t pay value of any kind for the MORTGAGE there is no legal basis for alleging injury for enforcement under Article 9 of the UCC.

Like it or not the legal requirement for jurisdiction — STANDING — once gain takes center stage.

This informal judicial doctrine essentially converts judicial states to nonjudicial. Why? Because instead of the Forecloser having the burden of proving its case, the case is presumed, the burden of pleading is on the homeowner, and the burden of proof is placed on the homeowner to disprove a case that was never in the pleading of the Forecloser! Thus even if they DO prove it the Courts have entered judgment for foreclosure or denied Petitions for TRO in nonjudicial states, essentially treating the right to foreclose as an absolute right no matter who brings the action and no matter what economic interest the Forecloser has in the loan, debt, note or mortgage.

This has evolved from judicial error in both trial and appellate courts by looking at Article 3 of the UCC and judicial confusion between holder and holder in undue course. The Forecloser never pleads it is a holder in due course — because it would be stating that it took the note FOR VALUE and WITHOUT NOTICE that the obligation had been declared in default and WITHOUT knowledge of the borrower’s defenses — not the least of which instead yes, they signed the note, but they never received the loan from the payee. The contract at the beginning was broken.

Under Article 3 of the UCC the allegation that the collecting party is entitled to enforce as a “holder” merely asserts the existence of a contract as shown by the closing documents in which the homeowner signed the note, mortgage, and other papers at closing. It is NOT entitled to any presumption other than that it is in lawful possession of the note, nor that the contractual duties are valid and enforceable. But the Courts are going on “inevitability” and expediency to clear dockets while sealing the fate of borrowers and adding another chapter of fraud in the book being written by Wall Street banks.

So the Courts have swallowed the bait hook line and sinker under BOTH ARTICLE 3 and ARTICLE 9 of the UCC.

As an afterthought consider the implications for demand for a jury trial. If the would be Forecloser is relying strictly on Article 3 of the UCC, they might be waiving their right to foreclose which is governed by Article 9 and of course state law. An action for money damages is subject to a demand for jury trial. The right is constitutional so there is no state law preemption involved. Thus could cause bifurcation if they demand both an action on the collection of the note and the sale of the collateral (the mortgaged property). Thus in order to establish a prima facie case for foreclosure there would first need to be a jury verdict in favor of the pretender lender in a stated amount. Only then would the Forecloser be allowed to proceed on its claim to sell the property as collateral for the loan. OR as I have repeatedly suggested, the jury verdict might result in zero due to the pretender lender in which case the entire case would be defeated.

Needless to say, before you try anything along these lines you must consult a licensed attorney in the jurisdiction in which your property is located. And to lawyers, I would suggest you study up on bills and notes so that you are clear in your presentation.

I am pleased to report that Ronald Ryan, who gave me the above analysis, is now accepting cases again having cleared his docket. Lawyers and pro se litigants seeking representation in Arizona or litigation support involving Bankruptcy, state court litigation or Federal Court litigation are encouraged to contact him. Listen carefully , because he goes fast. Like me, things that are obvious to him he sometimes assumes another lawyer or experienced pro litigant knows the basics. But this IS basic and most lawyers and judges do not pause to process this information, understand it or apply it.


For litigation support to attorneys please go to or call 520-405-1688.

40 Responses

  1. pari passu

    indicating that one series of equity will have the same rights and privileges as another series of equity.

    Not real property, the transactions behind them, the bonds, certificates, securities.

    Trespass Unwanted, Creator, Corporeal, Life, Free, Independent, State, In Jure Proprio, Jure Divino.

  2. Happy christmas
    My gift to all who read and post on here is to share these lovely lyrics of unity by Trevor Hall


    Take me to the table where we all dine together
    And pluck me from the crowd and return me to my sender
    Whatever path you follow push on till tomorrow
    Love all serve all and create no sorrow
    So many rivers but they all reach the sea
    They telling me he’s different but I just don’t believe it
    Love is the glorious and everyone shall reach it
    Who ever seeks it
    Seen and unseen

    I don’t want a reason anymore about the one I love, the one I love
    I don’t want a reason anymore about God above, God above
    I just want to melt away, in all His grace
    Drift away, into that sacred place
    Where there’s no more you and me, no more they and we, just unity yeah yeah, just unity yeah yeah, just unity yeah yeah, just unity yeah yeah

    Well I don’t wana count the leaves of the mango tree
    I just want to taste it’s sweetness
    So you can defeat this above and beneath this
    Come one and all, come stand tall
    And whatever your approaching dance or meditation
    If you got love along than you shall reach the station
    You find a road, the supreme abode
    In this city all hearts shine like gold

    Don’t want a reason anymore about the one I love, the one I love
    I don’t want a reason anymore about God above, God above
    I just want to melt away, in all His grace
    Drift away, into that sacred place
    Where there’s no more you and me, no more they and we, just unity yeah, just unity, just unity, unity, just unity

    Me and Jesus, Buddah, Moses, and Gouranga
    All dance around, dancing on your thunder
    Drunk on the wine of love for thee
    Well tell me when will I be blessed to join the bliss of your company
    So many stories and so many fables of how the king sings of how the wall wails
    Jerusalem to the Holy Himalayas
    From Mount Zion to the hills of Jamaica
    All land is holy, all land is sacred
    All shall leave this world completely naked
    Completely naked, completely

    I don’t want a reason anymore about the one I love, the one I love
    I don’t want a reason anymore about God above, God above
    I just want to melt away, in all His grace
    Drift away, into that sacred place
    Where there’s no more you and me no more they and we just unity oh yeah
    Where there’s no more you and me no more they and we just unity just unity
    Where there’s no more you and me no more they and we just unity yeah yeah just unity yeah yeah just unity yeah yeah just unity yeah yeah

  3. Nothing like a great celebration full of laughters, great friends, good food, good wine, a fireplace roaring with half dried wood and coming back here, for the last good laugh of the evening before checking out.


    I fully agree with you. You want them all out? Stop feeding them. All of them. Get your money out of everything: banks, IRS, state, city, everywhere and openly set your conditions to restore any of it. No one understands the principle of accountability until he suffers a bit…

    Ain’t gonna happen. FEAR is what holds it together. As long as someone is willing to cave in to fear, there will be someone to instill it. Man is man’s greatest predator and his greatest victim. Just a question of which one man chooses to be. To be neither requires tearing down that dichotomy. Up to man to take action, either way.

  4. Merry Christmas everybody! I will not get into the banter and name calling. But I will say that Obama sucks! and so does our Congress.
    and so do the judges, and the bank lawyers, and of course those banksters! And thank a military member when you see one. Obama has forced the firing of 197 Generals throughout the armed forces. Anyone who doesn’t agree is expendable. That means YOU!

  5. Another exceptional thread ,, Thanks to all..

    Sincerely hoping that all here have a safe and joyful Christmas and Hannukah season.

  6. pari passu

    indicating that one series of equity will have the same rights and privileges as another series of equity.

    Does not translate to real property

  7. Hi Tolle …..Merry Christmas

  8. Leave a Reply

    Mortgagees are bound by alternative guidelines especially those published in HUD, TARP and EESA . I aver that these cases are for foreclosures that suffer from promissory estoppel, adverse subrogation estoppel by lache and where each is brought in a misjoinder and by adverse parties for hostile claims. By this I aver that title rests disturbed from the date of the 2008 congressional enactments and charging off of the paid in capital or depositors account

    I. I will testify to the rouge collections specialists who are seeking protection for unsecured claims after a imposed 2.5 year wait – therein the laches claim which is some respect is a contradiction to the acceleration belief for claim cited here .1.Indeed, it is through the FDCPA the purported servicing agent must wait out the bondholders pledge for a demand deposit transferred to the household who is in effect a guarantor creditor. This leaves the household serendipitously living in a state of transferred equitable interest- creating in effect a leasehold or freehold estate

    2.The tool or mechanism used is undue and quantifiable unlawful acceleration imposed after a statutory holding period for depositor’s claims for reconstitution of lost value

    3.This is no doubt a sophisticate tact is deployed to impose the aged old acceleration problem onto the shoulders of the household for obligation due from the HUD 1 lender to the member bank for the stock the bank financed back to the lender – using the subject real property as collateral that is transferred into “paid in capital” used to issue the debentures or banker debt

    4. At the present time, this aged old dilemma evolves into a controversy with a different twist – one that obviously remains unsolved.

    5.These sophisticated deal structures are not REIT / REMIC financing methods but a scheme if you will. On that bear nor conciseness for genuine claims or concern for a DUE ON ENCUMBERANCE CLAUSE bought by the lender. The lender sold the loan and the bank financing the settlement SOLD its collateral for script or certificates deposited in lieu of cash

    6.This fails to satisfy TIER 1 capital requirements and if not allowed to steal homes the US Banks are over with . F/C agents and their attorney are claiming conventional foreclosure by this new phenomena called “delayed” Acceleration. Herein , no laws or statutes seem willing to address – Acceleration -in regards to title and curing a default -statutes.

    7.The foreclosure in America is a delayed tactic including a Treas Reg 1.1031 tax deferred exchange and mandatory holding time need for waiting out the bond holders term to previously set call date or date of reversion.

    8.I opine to the alleged bonds reversion – in nearly every case I testify in – is on the anniversary of the bond holders due date A mortgage loan servicing comparison is made with a bond servicer general lender using the subject mortgage compared to a five year bond extended over six years for reversion or sale purposes.

  9. And in keeping with the heartfelt Christmas aura permeating LL of late, I’d like to wish you, MS, a very merry Christmas, with the hope that this holiday will find your stocking filled to the shin with the plethora of medications you so desperately need.

    Quoting your most recent rant directed at me:

    “I am on you and will press the bureau to monitor you and your want to be terrorist cell. Your a dumb ass to write here as you do. You need to be evaluated and brought before authorities”.

    You mean …….like hauled before the Ministry of Truth for evaluation and possible reprogramming or eradication? Red pill or blue, I forget? You going to waterboard me for insinuating you’re a douchebag?

    Which bureau did you contact Master Severance? Weights and Measures? Land Management? Indian Affairs? Can you even remember? Surely you don’t mean the Federal Investigator bunch? Now that’s too funny! I can hear the conversation now:

    MS: I’d like to report a terrorist cell

    FBI: What’s the problem?

    MS: This character E. Tolle called me a fool and told me to kiss his ass!

    FBI: Do you mean to say that he used vulgar language on the internet? (Howls of laughter in the background)

    MS: Yes, and he accused me of being a con-artist.

    FBI: Oh the humanity! If it happens again, just dial 1-800-whogivesashit. That should take care of the problem. Speaking of problems, why is it that we have nothing whatsoever on this Mr. Tolle, yet we have a dossier the size of a Volkswagen bus on you, Mr. Soliman? (Phone line suddenly clicks to silence)

    In short, season’s greetings, and merrily bite me MS.

  10. There are indeed compelling cases holding the HUD regulations seem to at times bar foreclosure.

    Roberts v Cameron -Brown Co 556 F2d 356 (1977).
    Encarnacion Hernandez v Prud. Mtg Corp. 553 F2d (1977)
    GNMA v Screen 379 N.Y. S. 2d 327 (1976)

    Mortgagees lose their status as servicing agents . They prevail in the battle of foreclosure while losing the war

  11. Shut up Christine….just shut up! Geesh.
    People don’t want to hear you either

    Right on. . . This is the only real trespasser who is UNWANTED

    jack a$$believe IT OR NOT, SOME FOOL HAS TO WAKE UP TO THIS TERD ON Christmas DAY

  12. Truly amazing… They have no argument, no knowledge of anything, very marginal intelligence, limited ability to put two personal thoughts together, they lack in articulation so… all they can write is: “Shut up”. And they wonder why they can’t win in court?

    Impressive of maturity. Any wonder the world is laughing so hard about this country? One has to wonder: is the people’s mediocrity only a reflection of its TV or is it the cause of it?

  13. Shut up Christine….just shut up! Geesh.
    People don’t want to hear you either.
    I am that I AM, and I communicate how I communicate, and I experience what I experience, and like it or not, you have to share the world with people like me and I am taking this time to let you know… lose.

    You do not control a single thing and never did.
    All of us don’t have the same experience, we weren’t before the same judge, nor in the same courts, nor in the same states.
    We have Free Will, and whether you realize how powerful that is or not, is not my business.

    We can be robbed and we can have our property repatriated.

    There’s many ways to deal with a situation and fighting and arguing is not the only one.

    There is no way I’m going to tell you what I’ve done or how it has changed anything that I’ve experienced.

    People like you need to trudge through the sludge like the rest of us, and if your vibrations align with Source, you’d get what you seek, and if you keep fighting Source, you’ll just keep fighting.

    You utter no different intelligence than anything else posted here and the best people can do here is learn the language and it is derived from Latin, and there are people claiming power over us because we don’t speak their language, and this message is Not for You Christine, although you have a big Ego and think everyone cares what you think about what we say or present.

    I have never cared about your opinions of my communication nor me because you are Ignorant. You know nothing about me, nor why I form the statements I form, nor the purpose of me being here, nor who receives what I communicate and are able to use it for their benefit.

    So just shut up.
    And I know you won’t, but I feel good telling you that for a change.
    So every time you speak I know I have told you to ‘shut up’.
    Since you don’t know what it is to ‘trespass’, you will receive that lesson, because you don’t respect people and their rights and so what you put out, you will receive in return.

    No one has to punish you, you do it to yourself.

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, Independent, State, In Jure Proprio, Jure Divino.

  14. Let’s bring up repurchasing the fed charter with a public vote during the next presidential election.

    Housing will take a back-seat to starvation in coming years…

    We need to start fighting the ultimate fight. The banks are consolidating the people through fear and patience.

  15. The FRC was 100 years old yesterday – did anyone send that sniveling, penny stealing, money-changer a Christmas Card. Bernanke should be set loose and a small arena with a pack of starved German Shepard’s, and a T-Bone Steak tied to neck.

    Next, we should find out how Yellin’s Mellon is smellin?

    Probably like Bernanke’s bald head, lol “Eww Ben, rub your chrome dome all over my favorite spot”!!! LOL

  16. @ Masterservicer ,

    All you say is likely true but you’re talking over the judges head … they don’t want to hear it … and some things are just wrong … your arguments are fine when bringing an action but in the real world we would get shut down for relevance by the judge.

    “The PSA is proof the loan was sold and creditor obligation owed by the lender was satisfied . The consideration for the sale was provided by the purchaser – a third party purchaser for value”

    The PSA is not “proof” … it is “evidence” , it is a “good indication” but without a receipt it’s not enough… we are forced into a position by the courts of fighting it from the other end… which is the point of Neils post here ..

  17. EDITOR –
    *s*t*o*p* BLOG bobber

    YOU SAY – “……So the Courts have swallowed the bait hook line and sinker under BOTH ARTICLE 3 and ARTICLE 9 of the UCC.

    For Gods sake Ryan who? Read the PSA chump ! Article 8 succeeds Article 2 , 3 and 9 override’s all THREE

    AM I Making this up _ Read the Gad dang PSA and Trust Common Shares registered into the FASB and IASB (now defunct) SPE

    Article 8 wooooooooooooooo!
    Slow down Cowgirl !

  18. Now for some facts

    Lender is creditor to the borrower
    Lender is the obligor to the creditor

    Creditor is a member bank
    Lender is the seller and bank is the collateral file “transferor”

    The PSA is proof the loan was sold and creditor obligation owed by the lender was satisfied . The consideration for the sale was provided by the purchaser – a third party purchaser for value

    Problem is the purchaser “registered private placement “SPE” is the transferors officers and directors and the lender “as obligor” is repurchasing the common stock used as consideration to buy the loan

    Read your PSA – I know you have access to it – read it!

    So if the loan sold from the left hand to the right hand and the seller is obligated to pay back the wire to its creditor
    – used to create the Trust Common Stock
    – used to satisfy the outstanding balance owed the member bank
    – owed now by the member bank to the Fed

    Who is foreclosing on your title ….

    that title is for a UCC 1 filing and the [1] value of that lien is compensated at [2] five cents on the dollar . . .while the [3] commercial line is for the face value of the note plus five years of accrual due on the sale date …foreclosure sale date .

    Its the truth and what can I tell you other than – I’m looking at a 1099 A for a client and guess what – all three numbers are listed

    UCC filing accrued Years 6
    Deed filing accrued Years 6
    Note Value adding unpaid payments to Years 6

    see you at the finish line


  19. Get off your butt, don’t be a Christine. She wont turn off the TV (or the reverse if you have remote everything…WTF). Get your depression pills in order and… sue frickin’ Tolle here, in this country, on allegations you can win on.

    Look Christine is a Moron – absolute ignoramus… Respa, Tila, FDCPA, RICO and what not….Jack A$$

    There are plenty allegations available according to this fool . Things a judge from here can sink his teeth on like indicting this moron . And sue first: that knee-jerk reaction thing…OMG Moron

  20. Incredible. Those who don’t fight use latin to hide their ignorance and justify their loss while relying on the MS of this world to explain and fix the mess they made.

    Those of us in the fight… take action and win.

    Almighty seeing eyes don’t have a clue about history, economics, law or even common sense. But… they use LATIN they never studied and couldn’t read even if their lives depended on it.

    BRICS… VISTA… while the mightly US E pluribus unum dollar keeps loosing grounds by the day. It’s going to be very interesting… Can’t wait to see what MS makes of it all.

    Oh! And “My post was for eyes that can see” high and mighty seems awfully touchy for such an enlightened being.

    Wonderful country indeed. Man are it’s inhabitants fucked up! I can see why the Chinese want the land but couldn’t care less about the people…l What a load!

  21. The “In pari passu, every lender retains…” comment came from wikipedia.

    Trespass Unwanted

  22. The point was not Argentina, geesh…it could have been any country!

    The point was the ‘ruling’. the editor of the article made it clear, except for anyone who focused on the word Argentina.

    Will the insanity ever end? Apparently not. Insanity appears to be the new sanity from some people’s vantage point.

    I guess One doesn’t see the words “Fearful of the Ruling’ in the title.

    It concluded that Argentina is required by the “pari passu” clause that, in one form or another, is standard in bond contracts, to treat all its bondholders alike. So if it pays the interest payments owed on its restructured bonds, it must also pay the money owed on the bonds whose holders refused to restructure.

    In pari passu, every lender retains the hypothetication under one mutual agreement.

    It was the ruling was what mattered,
    When it’s time for someone bigger and more influential to ‘pay up’, maybe some One will put two and two together.

    Eyes wide open or wide shut, it’s happening and it will matter when the country is NOT Argentina.

    I see it. My post was for eyes that can see, or put it on a shelf until you can see why this matters.

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, Independent, State, In Jure Proprio, Jure Divino.

  23. Simple really.

    Get off your butt, turn off the TV (or the reverse if you have remote everything). Get your documents in order and… sue the frickin’ bank here, in this country, on allegations you can win on. Respa, Tila, FDCPA, RICO and what not. There are plenty allegations available. Things a judge from here can sink his teeth on. And sue first: that knee-jerk reaction thing.

    Mortgage bonds? Invested in other countries no longer willing to honor anything dishonorable? Argentina, of all countries!

    Get real! It’s a frickin’ $230,000 house againt $trillions entire countries still haven’t sorted out and… get that: MS is supposed to have sorted it out. MS who was part of the problem all along and had no clue then is supposed to “hint at this in any way” now? Argentina? He wouldn’t even be able to place on a map, for Pete’s sake!

    There has to be a limit to insanity. Apparently not.


  24. Aaaahhh! Argentina!

    Iceland pulled out of the debt system. Jailed bankers, fired government, now going after the heads. Ireland is following suit just as we speak. Argentina is right behind.

    The system can only work as long as people agree to it. IMF can try to enforce it until it gets proverbially “blue in the face”, once countries say NO, NO stands. There is no such thing as foreign debt. There is only debt “foreign states” took on and can’t repay as such. The thing is… whoever took on the debt was a corporation The people don’t stand behind it Corporations can owe each other anything they want: when people say that they are not sovereign, they aren’t.

    What’s to do? NY can adjudicate as much as it wants. So what? There is no authority left there. Corporations adjucating against people? Has anyone ever seen such a joke?

    What’s the next step? Bomb Argentina? If our mortgages are bonds, go after the banks that made them so. When countries say “It ain’t so”, it kinda, sorta… damnit! Ain’t so. Especially when those countries reclaim their sovereignty… outside of the dollar. Argentina is this close to getting there. Thanks to BRICS and VISTA.

    VISTA? VietNam, Indonesia, South Africa (already full
    BRICS member), Turkey and… Argentina!

    Check it for yourselves. It’s right in the open. It’s happening and… John Wayne ain’t coming back. My Cherokee and Apache friends like that too.

    MS doesn’t have a clue. And nor does anyone putting him on a pedestal.

  25. Our mortgages as bonds. Did MS hint at this in any way?

    “Most international bonds are issued under either New York law or English law. The I.M.F., in its paper, states that under English law bondholders have no rights to file suits. Only the bond’s trustee can do that, and the trustee can be compelled to act only if a large number of bondholders demand it. It was concern that countries would flock to English law that led to the United States government warning that New York’s status as a world financial center could be damaged.”

    This is portion of an article about sovereign debt (Argentina) and a court case. Maybe something about this can be helpful. A piece to the puzzle that may help someone, I hope.

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, Independent, State, In Jure Proprio, Jure Divino

  26. The Banksters have alot of Hutzpah. They sold the loan multiples times unjust enrichment and they at best will give you a loan modification. What Hutzpah (nerve) Somebody do the math how much money they made.


  27. Broken chain of title = Unjust enrichment by the entity that broke the chain of title. That is all that interests us.


  28. Thanks justme.

    Problems with discovery.

    Could this, Work Product Rule, be the one of the occult culprits.
    occult (adj.)
    1530s, “secret, not divulged,

    Black’s Law 5th pg 1439
    Work product rule. A party may obtain discovery of documents and tangible things otherwise discoverable under rule 26(b)(1) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including his attorney, consultant, surety, indemnitor, insurer, or agent), only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. Fed.R.Civil P. 26(b)(3). See also Hickman v. Taylor, 329 U.S. 495, 66 S.Ct. 385, 91 L.Ed 451
    “Work Product” which is protected against discovery covers material prepared by an attorney in anticipation of litigation, including private memoranda, written statements of witnesses and mental impressions of personal recollections prepared or formed by attorney in anticipation of litigation or for trial. Com of Puerto Rico v. S S Zoe Colocotroni, D.C.Puerto Rico 61 F.R.D. 653, 658

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, Independent, State, In Jure Proprio, Jure Divino.

  29. For those of you seriously fighting, here is a very important how-to, with actual step-by-step from a certified securitization expert, Bob Ramers (who, incidentally, has been written about by Bloomberg and has never come here to peddle. It’s a lot more than MS can pretend to…)

    I would give it a good look and see what you can find by following his advice. Save this as serious reference to consult if needed. And if you do the research, you’ll know your case and the issues at hand better than anyone else. Keep in mind that no one will ever know your case as well as you do. Not even your attorney (who has many other clients and only 24 hours per day, just like you). Up to you to do most of the work before retaining anyone.

    Merry Christmas everyone. Things will get better. Don’t know when but they can only get better…

  30. Trespass, you hit the nail dead on the head.

  31. I say … if they dirty their assets, they “Wash their Assets”,
    I also say … if you dirty my assets .. “You Wash Them”

    Everybody’s going to Court!

    You cant hear me, I’ve been sent to QT (Quiet Time), I just think out loud. Its a “Gray Area”, and Guess What?

    I didn’t grow up to be an Attorney.

    ……………………………………………………. “Grins”

  32. My Dearest Friend Christine …. Gotcha!

    Happy Holidays!
    You made Santa’s Good List To!

    P.S. .. M.S. came in late in the year, but he made Santa’s Good List this year to! It’s been a lot of years for him, he is overdue, so cut him some Slack will Ya?

  33. Did I mention … I like to keep it Simple?

  34. Excellent Article Neil! Giving You a STANDING Ovation!

    Nobody standing in court here …

    No Plaintiff! No Defendant! No Case!

    Happy Holidays!
    You are on Santa’s Good List!

  35. Let look to the Federal Reserve Bank who is suppose to ease things in the employment sector but they did not do so as thing got worst in 2009 and companies could not made payroll and laid off as many as 20 million people which naturally would spread to all sectors of the economy.

    So we got widespread defaulting on home mortgage loans and a President Obama talking about “people wanted to live outside their means” which deflects from the real issue that jobs are being loss or turning the job marketed into a prime time working force.

    Is it so hard to figure that home owners at the bottom end to the food chain, who have FHA & VA loan are going to have less of a reserve, but all were underwritten using full income documentation and most 95% were fixed interest rates and terms, and were not some subprime adjustable or stated loans.

    Let understand what taking place is that like dominoes these bank are settling with the FHFA for the leader in lending Fannie & Freddie have proven that bad underwritten loan infected the pools and they are settling every other day with another lender for the same reasons. However as there were in-house underwriters and a ton of contract underwriters at these outside firms, how is it that you had widespread corrupted underwriting if it was not the norm?

    Its no different than the same level of corruption with Wells Fargo Bank steering of borrowers, auction rate securities, HAMP modification and influence over the Independent (wink wink) Foreclosure Review Board and now securities were in all cases the personnel were not trained or trained properly. Over $8 billion in settlement so far and they are in court right now for 100,000 falsified FHA loan that the Federal Government has brought against the giant and we not had release the finding of the IFR as to the corruption found.

    Who negotiated the IFR settlement? It was the OCC and the FED! The OCC & FED are right now negotiating with LPS (DocX) in a $200 million for the forgeries created by Lorraine Brown and team, were she admitted to 1 million forged mortgage documents. But this case was court approved on Apr 5, 2012 for the $25 billion, but just now they are getting around to LPS paying restitution, but the banks have handed out pennies to some borrowers that lost they homes to admitted forgeries? But MERS is listed in the complaint by Szymoniak for the same crimes but nothing out of the OCC & FED in holding their feet to the fire?

  36. This is like paint drying watching Neil come to these conclusions when for 2yrs here I have been saying exactly this same issue. We know that under UCC 9 that the burden is placed on the foreclosing party and over 2yrs ago I submitted my Whistle-blower case to the SEC about the foreclosed loans that were in Ginnie Mae pools.

    It started with me because Wells Fargo submitted Assignment, Notice of Default and Substitution of Trustee stating carefully that they were the holder of the Promissory Note as if a sale had occurred between the originator and Wells Fargo Bank which as a mortgage loan for the originator and working on my file (not as the LO, because you could not be the LO for your own loan, but preforming most of the work).

    I knew the loan was going to be sold to WaMu because that who the loan was locked with 3 weeks before the closing. I know know that being this correspondent bank that there a question as to the being originated as a long term loan was never in the plans for the originator because it was made with the intention of being sold right away.

    So the loan was sold 12 days after the home closing to WaMu, in which all the interest in the loan was now WaMu and a couple weeks later the loan was placed into the Ginnie Mae MBS with the Note endorsed in blank, but in my case the Deed of Trust had not ever been recorded before the sale and later placement into MBS.

    However I don’t expect this screw up in recording the “lien” on every loan, but what it does is further exposes there was actually no real way to have a proper party as the “holder in due course” because Ginnie Mae never purchasing the debt but is in physical possession of the blank Note, in every single case as they don’t in any case actually send out a party to collect the Note, but hires the lender turned issuer/mortgage servicer/custodian so the ex-lender because an extension of Ginnie as an employee.

    This is not rocket science but as you can see with what been written in comments that Niel does not read any of the post of what he said about UCC 9 he would have know that fact at least a year ago. Its not about who invented electricity but who capitalized on the ideal!

  37. The true side of this, is the judges and lawyers have been played; and have no immunity.

    Neil’s postings have gotten better.

    The judges and lawyers have always known the truth.

    They know contract law, and trust law and were too busy executing our wills and estates, against us.

    They want to play the, ‘Ah, ah, ah….you didn’t say the magic word!’, game.

    The real party in interest is NEVER in the court room, That’s where the judges and lawyers have and are being played.

    All this talk of what the bank does or doesn’t do, or the bank proves and don’t prove is really mute, because the banks have representation. The representative is the ‘fall guy’.

    All those years of law school only to be the pansy in some criminal theme of laundering property, that will get repatriated and someone will have to explain how it was laundered in the first place.

    Ah, hello law will you defend yourself? Will you represent yourself? Laughing out loud. You can’t defend yourself, and representing yourself in your own crime is your own double jeopardy. A fitting end to injustice.

    By representation by a law firm/attorney; a bank owner, it’s CEO, board of directors, financial officer and even their own corporate paid legal team are displaced from the fraud and coercion they paid for from the law firms that took the case to court and robbed the people of their inheritance under the disguise that we are dead, infants, incompetent, or whatever other lie they have in their rules to supposedly give them permission to do what they do.

    The truth, under penalty of perjury is that the judges did sign and the attorneys did turn, and it’s their signatures on the docs, and there is no threat, duress, nor coercion behind their efforts.

    The truth, under penalty of perjury is that the very system they tried to build while stealing the wealth of the people will collapse by their own hands as I’m watching it collapse right now.

    They see rising stock prices and wonderful reports about growth and such and don’t realize they are watching the last gasping breaths of a dying system that they helped kill.

    When these courts are forced to put back what was stolen, and prove where they got their authority to execute our wills for estates, well see weeping all right.

    It’s like purchasing something by going to someone’s building to complete the contract. These lawyers and judges pulled these conflicts into their own space and officiated them at their will. They can’t claim they were forced to ‘take the money’ or forced to ‘commit the crime’.

    It’s coming. Watch.

    Trespass Unwanted, Creator, Corporeal, Life, People, Free, Independent, State, In Jure Proprio, Jure Divino.

  38. Which section of Article 9 requires the party seekign relief must allege they paid for the mortgage and if no value paid, there is no enforcement?


  39. Excellent analysis.

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