Is the Promissory Note Even Enforceable?

Judge UnEnforceableWhen all is said and done the courts come back to the main premise, “Did you pay?”. That is so injudicious on so many levels. The deeper we get into securitization and contract law we soon realize (after dissection) there is one very basic question being ignored – “Is the Promissory Note even enforceable?”

Sheila Bair’s (former FDIC Chairperson) new book, Bull By the Horns, addresses issues that must be taken into careful consideration when considering the validity of foreclosures – and she does it with impressive candor. Sheila separates the MBS into 2 categories: Continue reading

Senate Subcommittee Investigation & Findings: WAMU carefully and willfully selected loans it would identify as likely to default to securitize them

Loans duplicated in multiple WaMu and WMALT trusts – ya think they could be capable of more deception? Ahhh yeah, maybe???

justiceleague00's avatarJustice League

The Senate Subcommittee Investigation and Findings Washington Mutual Bank was the largest bank failure in history. AC ¶ 10. In April, 2010, the U.S. Senate Subcommittee on Investigations initiated an investigation into “some of the causes and consequences of the financial crisis,” focusing squarely on WaMu’s origination and securitization of mortgage loans “as a case study in the role of high risk loans in the U.S. financial crisis.” Shulman Dec. Ex. A (Wall Street and the Financial Crisis: Hearing before the Permanent Subcomm. On Investigations, April 13, 2010, Hearing Ex. 1a); AC ¶ 65. The Senate Subcommittee found that “WaMu selected and securitized loans that it had identified as likely to go delinquent, without disclosing its analysis to investors who bought the securities,” and that WaMu “securitized loans tainted by fraudulent information, without notifying purchasers of the fraud that was discovered.”

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IN RE: RAMOS | U.S. BANKRUPTCY COURT IN NEW YORK – BANK OF AMERICA SANCTIONED $10000.00 A MONTH UNTIL IT CORRECTS THIS MATTER PAYABLE TO THE DEBTORS THROUGH THEIR ATTORNEY + ATTORNEY FEES

If all courts were as progressive as New York – this economic force majeure might finally start to subside.

justiceleague00's avatarJustice League

IN RE: RAMOS | U.S. BANKRUPTCY COURT IN NEW YORK – BANK OF AMERICA SANCTIONED $10000.00 A MONTH UNTIL IT CORRECTS THIS MATTER PAYABLE TO THE DEBTORS THROUGH THEIR ATTORNEY + ATTORNEY FEES

In addition, particularly given that Bank of America knows how to do this properly, as evidenced by the two Western District of Virginia cases that I’ve cited, coercive sanctions are warranted, and they’re especially warranted given the fact that Bank of America apparently has ignored this matter notwithstanding being served twice and having been given an opportunity to correct the problem, which it has not done. Instead, it has continued to send the bills. So it will be sanctioned $10,000.00 a month until it corrects this matter payable to the debtors through their attorney. My reasoning behind that sanction is that this is not just a stupid mistake. This is a policy. And frankly, $10,000.00 a month…

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