Our FIRST US Supreme Court Victory! Unanimous!

Posted on January 13, 2015 by Deadly Clear

The 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.

Rolling Rebellion, Lawyers and Citizens Protest Seattle Bankster UCC Uniform Law Conference

Posted on July 8, 2014 by Deadly Clear

Coming up on July 11th is the national Uniform Law Committee conference in Seattle at the Westin Hotel.

Whether or not you are in foreclosure, if you own a home and have a mortgage or intend some day to own a home, this national ULC conference affects you. For hundreds of years states have owned and recorded their own lands – and now it appears the United States federal government would like that to change. Continue reading →

State AGs settle with LPS for $113 million; Only Nobody Knew

Posted on October 7, 2013 by Deadly Clear

In an investigative post, MSFraud.org exposed an unknown state Attorneys General settlement with Lender Processing Services (LPS) for $113 million dollars in an El Paso district court.

One would wonder how, for example, the State of Hawaii (who received a pittance compared to the damage to titles LPS has caused) could even begin to agree to a settlement when they have NEVER even bothered to audit its own Hawaii Bureau of Conveyances! Hawaii is a mortgage lien state where the homeowner holds the deed, unlike a Deed of Trust state where the deed is held by a (fishy) beneficiary.

Millions of homeowners never knew that LPS fabricated and falsified documents that could still cloud their titles for years to come – even if they received a modification. The point here is that many states, including Hawaii where land rights are a very precious subject, have turned a blind eye to fraudulent assignments of mortgage or the fact that the mortgage Continue reading →

“What?! Give up our paychecks while we shutdown the government? We’ve got mortgages and bills to pay.”

Posted on October 3, 2013 by Deadly Clear

Washington (CNN) — In an extended shutdown, most of the federal workforce would go without pay, but the checks will keep coming to the 533 current members of Congress.

Who gets paid in a shutdown and who doesn’t? Continue reading →

ShellGame-MERS: Contrived Confusion – A MUST READ!

Posted on June 9, 2013 by Deadly Clear

Yesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusion by retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A “MUST READ”!

Robert Janes has previously written a book called “Fighting The Foreclosure Machine” and has a website with the same name, with great newsletters contained therein. It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.

This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments. Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the “foreclosure machine.” Continue reading →

REMIC Armageddon on the Horizon?

Posted on June 7, 2013 by Deadly Clear

It’s about time somebody recognized it. David Reiss and Brad Bordon posted a dynamic review of the most recent ‘slap down the banks’ cases of Saldivar and Erobobo and the potential impact on the [failed] REMIC tax shelters in REFinBlog.

David Reiss writes: “Brad Borden and I have warned that an unanticipated tax consequence of the sloppy mortgage origination practices that characterized the boom is that MBS pools may fail to qualify as REMICs. This would have massively negative tax consequences for MBS investors and should trigger lawsuits against the professionals who structured these transactions. Courts deciding upstream and downstream cases have not focused on this issue because it is typically not relevant to the dispute between the parties. Continue reading →

HAWAII PRO SE PLAINTIFFS BEAT BONY’S MOTION TO DISMISS!

Posted on April 26, 2013 by Deadly Clear

In a Second Amended Verified Complaint filed against the Bank of New York Mellon (“BONY”), fka The Bank of New York and U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006~WMC2 to Quiet Title, Hawaii Pro Se Plaintiffs Melvin Keakaku Amina and Donna Mae Amina won a big round #1 admirably defeating Defendant BONY’s Motion for Summary Judgment. The case, CIVIL NO. 11-00714 JMS/BMK, was originally filed on November 28, 2011 in Hawaii U.S. District Court and heard by the Honorable Judge J. Michael Seabright. Continue reading →

Is it Legal to Record the Bank’s Phone Call or Conversation?

Posted on April 15, 2013 by Deadly Clear

Lender and servicer modification abuse, dual tracking and deceptive business practices have caused undue emotional stress on homeowners. The Courts usually demand a precise record in order to establish a claim against the banks and their pals. Foreclosure is a dirty business and you need to have the right tools and knowledge to make your points.

You’ll notice that the banks and servicers normally will not correspond to homeowners using email. The banks prefer homeowners fax their information and the banks use the telephone letting you know they are recording their calls.

It’s time to turn the tables. Take good notes and keep a complete file of all your conversations and correspondence with the banks and servicers – but you may also want and need to record the telephone conversations you have with the banks. Here are some tips from a private investigator on the legality of recording telephone conversations. Click here for the latest telephone recording devices. Continue reading →

The Life of the Land is Perpetuated in Righteousness – Except in the 21st Century of the American Foreclosure Court System

Posted on February 24, 2013 by Deadly Clear

And unless Americans are willing to face the facts and hold people (including corporations) ethically and financially accountable, we will lose the land and freedom we have fought so hard to protect. Democracy is in distress.

The question every American is asking is “when will this depressed economy start to recover?” The typical political answer is, “there is no silver bullet.” Then why do these politicians keep using the shotgun approach against homeowners?! Continue reading →

Bloomberg Terminal Iceberg – Tortious Interference?

Posted on February 20, 2013 by Deadly Clear

Who Forced BLOOMBERG TERMINAL To Shut Down ALL Audit Service Providers? Can You Say Tortious Interference?

A couple of weeks ago forensic auditors and attorneys ran into the Bloomberg Terminal iceberg when Bloomberg Terminal (a securities stock searching software program) locked them out of the loan finding program [LFND]). Without warning Bloomberg Terminal shutdown access to the loan searching program that had been used by numerous companies to research securitized trusts and the loans within in them. It appears too many loans had been found in trusts when the servicers were claiming ownership. What better way to stop the truth than to try to sink the ship?

Continue reading →