Judges do not rule for borrowers because they believe that securitization is a scam. They rule for borrowers when the securitization scheme or scam fails on the proof. And the way you reveal that failure is the secret to winning foreclosure cases.
Monthly Archives: April 2019
Discovery from REMIC Rules
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Contention Interrogatory: Do you contend that the claimant is a REMIC? Do you contend that the subject REMIC is subject to IRC §301.7701(i)-1 Definition of a taxable mortgage pool?
Source: Discovery from REMIC Rules
Common Sense Prevails: SCOTUS Broadens Primary Liability for Fraudulent Schemes
Source: Common Sense Prevails: SCOTUS Broadens Primary Liability for Fraudulent Schemes
“BUT you still need to prove intent to lie along with the other elements of fraud. A lie is not actionable if the recipient knew it was untrue or should have known or did not rely upon it. If the lie is not material then it is presumed to belie upon which nobody relied.”
The intent is found in the USPTO patents and algorithms. Dissect the reasoning for patents. NEW ideas/inventions. Traditional mortgages are not new. Securitization / rehypothecation with intended foreclosure scheme gave the banks grounds for patented procedures.
Fraud detection was built into underwriting software, which allowed the program to obtain patent. It was intentionally relaxed.
Avoiding Mortgages: What Happens When A Stranger to The Transaction Files a Discharge in Error?
Kelley v. Ocwen Loan Servicing, LLC (In re Bowers), 595 B.R. 869 (Bankr. M.D. Ga. 2018) –
A chapter 7 trustee sought to avoid a security deed based on the fact that as of the petition date satisfactions of the security deed had been recorded. The secured party contended that its security interest was still enforceable because the satisfactions had been recorded in error, and alternatively asked for equitable recognition of its interest by subrogation or reinstatement.
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Why Homeowners Should Win Foreclosures: It’s the Moral Thing to Do.
“They should fail because all of them have received a benefit and some of them have received a windfall derived from trading on the borrower’s signature on the note and mortgage in an amount far exceeding the principal amount loaned.”
The reason why thousands of cases have been confidentially settled with satisfactions of mortgages, payment of attorney’s fees and damages is that the banks are willing to pay anything necessary to preserve the tree (certificates) and the branches (derivatives) and the leaves (minibonds and contracts like credit default swaps). The risk to the investment bank…
Source: Why Homeowners Should Win Foreclosures: It’s the Moral Thing to Do.
Begging to Lose Money? Think About It!
“I ask you to consider the fact that the investment banks were indeed making a lot of money on 2% loans. How? By selling your signature, your name and your financial reputation all without disclosure or even a wink at getting your consent.”
Deadly Clear 