It’s Here! It’s Wimpy, but Yvanova is finally here.

We’ve all waited with bated breath for the “Happening” of the California Supreme Court decision in Yvanova vs. New Century Mortgage Corporation a case, as the Supremes put it, “granted plaintiff‘s petition for review, limiting the issue to be briefed and argued to the following: “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?“”

While Yvanova wins the appeal, the Supremes’ opinion is less exciting than hoped for – yet it had some redeeming qualities when you look deep into the opinion and the footnotes. It sorta keeps you Hangin’ On (pun intended). Continue reading

Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World

Randomly Distributed Trial Court Justice: A Case Study and Siren from the Consumer Bankruptcy World
Forthcoming in American Bankruptcy Institute Law Review
by Gary Neustadter*

Mortgage_fraud_hd“Between February 24, 2010 and April 23, 2012, Heritage Pacific Financial, L.L.C. (“Heritage”), a debt buyer, mass produced and filed 218 essentially identical adversary proceedings in California bankruptcy courts against makers of promissory notes who had filed Chapter 7 or Chapter 13 bankruptcy petitions. Each complaint alleged Heritage’s acquisition of the notes in the secondary market and alleged the outstanding obligations on the notes to be nondischargeable under the Bankruptcy Code’s fraud exception to the bankruptcy discharge. The notes evidenced loans to California residents, made in 2005 and 2006, which helped finance the purchase, refinancing, or improvement of California residential real property. When issued, the notes were secured by junior consensual liens on the real property, but subsequent foreclosure of senior consensual liens, precipitated by the mid-decade burst of the housing bubble, left the notes unsecured.

This article reports an empirical study of these bankruptcy adversary proceedings. Continue reading

Four Fraud-Busting Citizens Initiate a Plan to Hold the Elite Financial Leaders Accountable and Prevent Further Economic Damage

By Sydney Sullivan

celebrate-whistleblowers-600Four astounding men, Gary Aguirre, Bill Black, Richard Bowen, and Michael Winston, are the founding members of the Bank Whistleblowers United. These well-educated men have the moral integrity and intelligence to see the damage Wall Street has caused and have devised a plan to prevent or at least reduce the frequency and harm of future economic crises.

We, as American citizens, know we have not recovered from the 2008 economic crisis as our present administration and Congressional leaders would like for us to believe. Although lots of warriors have stepped up to battle the banks, none have been as united or noteworthy as these four financial fraud-busting astronauts, venturing into a red banking hole existing in cyberspace which has been an arduous climb up-Hill (pun intended) to penetrate, decipher …and even more difficult to correct.  Continue reading

Impressive! Hawaii USDC Provides Pro Se Forms as of 12/21/2015

Hawaii USDC Pro Se Forms

After trying to read numerous Pro Se pleadings, it is with sincere gratitude to the judiciary who (hopefully) felt compelled to have decent, simple forms created. Click HERE to review and download forms. Continue reading

The Big Short Trailer (2015) ‐ Paramount Pictures

Send the judges, state courts, appellate & Supreme Court Justices tickets to the movie!

Our first book read cover to cover and it exposes everything… not fiction! This is the real thing. If the movie is anything like the book – suggest your entire neighborhood see this flick so they’ll  begin to understand just why the economy has not recovered. Continue reading

The Training Every Foreclosure Defense & Bankruptcy Lawyer Needs

This is such a good promotional piece that it deserves distribution. We need to build and educate our defense force against the corruption. Max Gardner has designed one of the best “Boot Camp” seminars offered to dedicated defense attorneys. Knowledge is power!

Please share.

99 Homes – Real Life Thriller

The trailer for 99 Homes introduces a mother-son-grandson family unit, with Laura Dern and Andrew Garfield at the helm. After the family gets evicted in traumatic fashion and moves into a motel, Garfield makes, in Bahrani’s words, “a deal with the devil.” He goes to work for the man who evicted his family, played by Michael Shannon, for a chance at earning enough to get a more permanent roof back over their heads. Continue reading

Trouble in Paradise — Maui Foreclosures Allowed Without Proof of Standing or Full HRS §667-17 Compliance

A MUST WATCH VIDEO!

See: KingCast and Mortgage Movies

“Truth crushed to Earth shall rise again, the eternal years of God are hers, but Error wounded writhes in pain and dies among His worshipers.”  The Battle Field – William Cullen Bryant. 1794–1878 Continue reading

Hawaii: family claims ownership of Waimanalo land using fake deed – just like the banks!

CLICK:  State: family claims ownership of Waimanalo land using fake deed – Hawaii News Now – KGMB and KHNL.

Hawaii fake deedsObviously, there are some ostriches in Hawaii when there are thousands of forgeries and fraudulent documents that have been filed in its Bureau of Conveyances over the last 8 years, but the registrar says: “only a handful of bogus property deeds get thrown out by the courts every year.” 

Maybe somebody ought to suggest a land record audit or just gather up all the foreclosure forgeries and sue the Bureau of Conveynances for ignoring fraud and total incompetence. Continue reading

PART I – CLUELESS KANGAROO – When the Court Jumps Over the Facts and Awards Foreclosure to the Banks

By Sydney Sullivan

PART I – CLUELESS KANGAROO

KANGAROO JUDGEWe see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.

A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading