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About Deadly Clear

This blog site is for you - to make your opinions known and enable you to express your thoughts, insights, fears and be DEADLY CLEAR. The author of the blog has become more compassionate and socially enlightened with age after entering this world from a very brainwashed right-winged culture. My goal is to achieve perfection and share in Ho'oponopono which means to make things right.

California Regulator In Process Of Suspending Ocwen Financial’s Mortgage License

Well, isn’t that a “boo hoo”?!

foreclure-1940x1293Forbes has reported: Mortgage firm Ocwen Financial has found itself in hot water over conflicts of interest in its foreclosure policies.

California regulators are seeking to suspend the mortgage license of Ocwen Financial, after the servicing giant did not adequately respond to repeated information requests into its compliance with the state’s Homeowner Bill of Rights. Suspension proceedings began in October, Tom Dresslar, a spokesperson for the California Department of Business Oversight told Forbes on Tuesday. Continue reading →

Our FIRST US Supreme Court Victory! Unanimous!

JesinoskiThe United States Supreme Court ruled in favor of the homeowner holding that a TILA rescission is effective upon written notice within the extended three year period without the filing of a lawsuit.

Our Takushi case was one of the three accepted for review that was reversed.

Attached is the opinion in the lead case, Jesinoski. Click HERE for PDF.

This reverses in effect the adverse decisions in Takushi, Rundgren, Benner, Peyton, and many of our cases decided erroneously in our U.S. District Court and in the Ninth Circuit Court of Appeals and in our State Courts that followed the opposite erroneous view.

This is a great victory for homeowners throughout the United States! More commentary to follow. Stay tuned to DeadlyClear.

California Foreclosure Law: California Supreme Court Grants Review Of The Keshtgar Decision

It’s about to get more complicated. “Is that your signature on the Note?” What’s the best way to answer?

justiceleague00's avatarJustice League

As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 226 Cal.App.4th 1201.)

The California Supreme Court recently granted review of the Keshtgar decision and deferred briefing until resolution of a related matter entitled Yvanova v. New Century Mortgage Corp.

The court has also granted review of Mendoza v. JPMorgan Chase Bankand deferred briefing until resolution of Yvanova.

The grant of review in Yvanova is limited to a single issue: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?”

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A.G. Schneiderman Announces First Homes Saved Under The Mortgage Assistance Loan Program

I love this guy!

justiceleague00's avatarJustice League

AG’s New York State Mortgage Assistance Program Provides Loans Of Up To $40,000 To Families Struggling to Avoid Foreclosure

More Than 140 Applications Received And More Than 20 Loans Approved In The Program’s First Three Months

NEW YORK — Attorney General Eric T. Schneiderman today announced that the first loans have been closed in the New York State Mortgage Assistance Program (NYS MAP), bringing tangible relief to New York homeowners at immediate risk of losing their homes. NYS MAP provides loans to families who are struggling to avoid foreclosure by offering them a way, for example, to pay off back property taxes or a second mortgage – debts that have kept them from receiving a mortgage modification. With a MAP loan – of up to $40,000 – families are able to stay in their homes. The program is an enhancement to the Attorney General’s Homeowner Protection Program (HOPP), which provides…

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Bank Of America Closing Some Drive-Up Windows In Response To Changing Consumer Banking Habits

justiceleague00's avatarJustice League

If your next trip to the bank involved going to the drive-thru, you might find no one there to greet you. That could certainly be the case if you put your financial needs in the hands of Bank of America, which has plans to close some of its drive-thru windows this year.

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The Reality of Mis-Perception – Bankster Brainwashing & Barack

Three years later and the mis-perception in the courts still lingers, false documents abound and UCC 3-301 is still bantered about to take control of an unendorsed, incomplete, non-negotiable instrument that never made it to the securitized trust before the closing date – and by NY law the late assignment should be void.

Deadly Clear's avatarDeadly Clear

A good friend once said, “Perception becomes the reality.”

When opinion is accepted as fact, perception soon becomes reality, at least for those who share these opinions and cling to the resulting perceptions. Herein lies the reason for the division in America today and unless we make a concerted effort to separate perception from reality, opinion from fact, fiction from truth, that division will continue [JB Williams 2005].

While the President’s State of the Union speech was…

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“Audit The Fed” Bill Gains Momentum, Yellen Starts Damage Control

justiceleague00's avatarJustice League

As The Washington Times reports,

After years of being blocked by Democratic leader Harry Reid, the Senate will finally get a chance next year to vote on legislation to force a broad audit of the Federal Reserve’s decision-making.

Once championed in Congress by former Rep. Ron Paul, the push to force the country’s central bank to undergo a full audit has been picked up by his son, Sen. Rand Paul, and others, and has the backing of the leader of the new Republican majority, Sen. Mitch McConnell, Kentucky Republican, whose office says the legislation will earn a floor vote.

But despite overwhelming support in the House, where the legislation has twice passed, the bill is not a sure thing in the Senate, and the Fed itself is pushing back. Chairwoman Janet L. Yellen said earlier this month the Fed remains opposed to stricter oversight of its monetary policy decisions…

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“Stay in Your Homes – You Are Going To Find They Don’t Have That “Paper” Up There On Wall Street”

Deadly Clear’s New Years’ Resolution for 2015 is to urge our readers to convince state legislatures to repeal their versions of UCC Article 3-301 to make it clear that in a mortgage loan foreclosure situation that a precise and convincing chain of endorsements is necessary before a foreclosure may proceed. The use of electronic transfer of the homeowners’ documents without the homeowners’ explicit consent has led to an abuse of copying notes and mortgages into a cyber data storage cloud of information readily available to the hundreds of potential thieves and their affiliates – without sufficient hacking protection allowing anyone the opportunity to break in and download documents, as recently noted by the banking industry invaded by hackers.

The use of UCC Article 3-301 by the banking industry and securitized trusts is a disingenuous manipulation of the intended law.

Deadly Clear's avatarDeadly Clear

One of the outstanding interviews after President Obama announced there would be an investigative task force into the Wall Street banks’ mortgage fraud was aired on The Rachel Maddow Show on Jan. 28, 2012.  It is a MUST WATCH TV interview – click here.

New York Attorney General Eric Super-Schneiderman has been appointed by President 

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