The document the servicers are creating is the assignment of deed of trust (much like the assignment of mortgage), which they claim gives them the authority (on behalf of the alleged “lender”) to appoint a substitute trustee to initiate a non-judicial foreclosure. Do you have a contract with the mortgage loan servicer? (Didn’t think so.) However, servicers have Limited Powers of Attorney, which they claim give them the authority to do whatever they want, including wading into the shark-infested waters of violations created under the FDCPA. Strip away their authority under the assignment as void … they’re like “chum in the water”.

“Instead of no transactions there were hundreds of them for each loan that were hidden from the only true parties in interest — the investors who put up the cash buying bogus mortgage certificates and borrowers who put up their homes and in the process became the unwitting issues of unregulated securities in which the borrowers’ names, signatures, reputations and lives were traded on the open market.”

Source: Why Accounting Firms and Investment Bankers Should Be Sued

“Plaintiff’s attorneys in this case have avoided for many months on behalf of their Bank or Trust client providing already overdue documents violating previous discovery time frames and associated orders. The Judge in this case is demanding the production of certain documents, and the scheduling and directing of several depositions of Plaintiff-related executives, including executives from Nationstar.”

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall and Bill Paatalo Call in at (347) 850-1260, 6pm Eastern Thursdays It’s not so easy to ascertain the name of the Plaintiff in foreclosure cases, where the Plaintiff is named as “U.S. Bank as trustee for XYZ Trust.” But the sanctions that…

Source: Tonight! Sanctions Against U.S. Bank, N.A. Expected

Failure to Exhaust to Aministrative Remedies – if not plead in the Affirmative Defenses may be deemed waived. How can a Trustee for a securitized Trust owned by Fannie or Freddie under the FHFA agency discuss your asset without including you and giving you Due Process to explain facts and issues that might have been missed or twisted? Research Administrative Law and how it applies to FHFA and the HERA Act.

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil F Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays Remember in the movie “The Firm” with Tom Cruise when he said “it’s not sexy but it has teeth”? That is administrative law. combined with civil law and litigation. The character Cruise played…

Source: Tonight! THE ADMINISTRATIVE STRATEGY — Pushing Back on Servicers and Banks

Every time a homeowner wins in foreclosure the investors are actually protected. It’s the sale of the property and/or entry of the foreclosure judgment that cuts investors off from their investment. Weird, right? An article in the recently published Florida Bar Journal illustrates perfectly the confusion that occurs within the courts and by lawyers when…

Source: Applying Common Sense and Law to Assignments of Mortgage

“It’s unusual that we’re in this position, but it’s unusual that any bank would dare do what they’re doing and think they are above the law like this.” – Bruce Jacobs, Miami Foreclosure Defense Lawyer. Kudos to Jacobs for doing some real lawyering. It is all in the details. Just assume they don’t have the…

Source: U.S. Bank, N.A. “as Trustee” Facing Sanctions In Miami

“But discovery of those documents is blocked by parties claiming the information is private and proprietary — until some enterprising and highly aggressive lawyer pierces through those specious arguments and gets an order from a judge requiring the documents to be delivered. At that point the case settles under seal of confidentiality and the public none the wiser  continues to think that securitization is real and that most foreclosures are actually properly done and result in paying down the debt of a borrower.”

Source: Fannie Mae Explains Securitization and Distribution of Ownership of Debt