“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.

“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.”

Source: Begging to Lose Money? Think About It!

In order to maintain the illusion of legality and an orderly marketplace the banks and their servicers must continue to push foreclosures even if it means going after people who are not actually withholding payments. The legacy of the mortgage meltdown and the brainless government policies that let the banks get away with what they…

”The courts don’t want to hear about esoteric arguments about the securitization process.” How can the judges or any lawmaker refuse to discuss securitization? It happens to be at the core of the [mortgage] transaction, established and in place before the faux mortgage and note documents were even drafted.

Source: If you think foreclosures are a thing of the past, think again

“And take note that not all promissory notes are necessarily negotiable instruments and that therefore they too are not entitled to the benefit of legal presumptions under Article 3.” Especially if these are securities transactions rather than traditional mortgages.

“The plain wording of the statute says that once the notice is sent the OLD loan agreement is replaced with a NEW statutory mandatory loan agreement. This is the factor that is missed by most lawyers and judges on trial and appellate courts.“

“I think what the judge is telling you is that if you want to do something, in his opinion, you should file necessary papers to remove the DOT from your chain of title.“

“This is your opportunity to drill home the fact that they did not, in their complaint, identify the Plaintiff. While US Bank is a legal entity, it is not appearing on its own behalf. This leaves the question of “on whose behalf” do the attorneys attempt to state that US Bank is appearing?”