Is the Promissory Note Even Enforceable?

Posted on October 5, 2013 by Deadly Clear

When all is said and done the courts come back to the main premise, “Did you pay?”. That is so injudicious on so many levels. The deeper we get into securitization and contract law we soon realize (after dissection) there is one very basic question being ignored – “Is the Promissory Note even enforceable?”

Sheila Bair’s (former FDIC Chairperson) new book, Bull By the Horns, addresses issues that must be taken into careful consideration when considering the validity of foreclosures – and she does it with impressive candor. Sheila separates the MBS into 2 categories: 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 →

Fraudclosure Against America’s Middle Class – A War with Serious Repercussions

Posted on September 24, 2013 by Deadly Clear

A Foreclosure Primer from a Washington State Paralegal.

I. War Against America’s Middle Class.

While most Americans’ (and in fact the world’s) attention is on Syria, I would like to point out that there has been a war waging right here at home for several years, and it is far more likely to have a direct impact on you than anything overseas.

There is a financial war being waged that is arguably as damaging as any war in recent history. Warren Buffet said “In my view, derivatives are financial weapons of mass destruction, carrying dangers that, while now latent, are potentially lethal”. [Click HERE for PDF – Warren Buffet on Derivatives] Continue reading →

BofA Invasive Tactic in Foreclosures Draws Scrutiny

Posted on September 9, 2013 by Deadly Clear

Don’t think for a minute that this could not happen to you. This is much more prevalent than you can imagine.

The New York Times – by JESSICA SILVER-GREENBERG

Barry Tatum returned to his home in Chicago in December to find that his front and back doors had been torn from their hinges, leaving his possessions exposed to the frigid winds that whipped through his neighborhood.

Terrified that he had been robbed, Mr. Tatum, who had fallen behind on his Bank of America mortgage, raced inside only to discover an unlikely source of the break-in, he Continue reading →

Part 2 – How to Challenge an Assignment of Mortgage

Posted on August 26, 2013 by Deadly Clear

Part 2 – How to Challenge an Assignment of Mortgage by Glenn Augenstein continued from Part 1 on DeadlyClear.

Glenn Augenstein, a seasoned researcher and expert witness in foreclosure fraud, has taken the time to research the ancient word “seisin” which gives us better insight into what the mortgage document was meant to convey.

Recent Case Law

Wells Fargo v Erobobo

On this I must first comment that standing, or lack thereof, is considered differently in some jurisdictions than it is others. Some treat it as an affirmative defense that must be pleaded timely or it is considered waived. “Because the issue of standing is distinct from the issue of subject-matter jurisdiction and, thus, can be waived, we hold that Continue reading →

Part 1 – How to Challenge an Assignment of Mortgage

Posted on August 23, 2013 by Deadly Clear

Have you ever wondered what the phrase “Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage” under BORROWER COVENANTS meant?

Glenn Augenstein, a seasoned researcher, history major and expert witness in foreclosure fraud, has taken the time to research the ancient word “seisin” which gives us better insight into what the mortgage document was meant to convey.

This two-part post is worth the read and education – and may give you a new perspective on the intention of the documents and the necessity to defend the title at all costs. Continue reading →

Your Mortgage Documents Might be Fake!

Posted on August 18, 2013 by Deadly Clear

Ya think, maybe? MERS alleges to have registered 71 million mortgages. There were likely another 15-20 million “non-MERS” mortgages…

Lynn Szymoniak in Salon:
BY DAVID DAYEN
Prepare to be outraged. Newly obtained filings from this Florida woman’s lawsuit uncover horrifying scheme (Update)

If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to Continue reading →

Is Jamie Dimon Still the President’s Favorite Bankster?

Posted on July 19, 2013 by Deadly Clear

ROLLING STONE – FEATURE:
Chase, Once Considered “The Good Bank,” Is About to Pay Another Massive Settlement
By MATT TAIBBI
POSTED: July 18, 12:20 PM ET

During the financial crisis, while Dr. Evil-ish Wall Street villains like Goldman and Lehman Brothers were getting all the bad press, pundits continually referred to J.P. Morgan Chase as the “good bank.” The myth of Chase as the finance sector’s one upstanding rock of rectitude reached its zenith in July of 2009 with an embarrassingly hagiographic piece in the New York Times entitled, “In Washington, One Bank Chief Still Holds Sway.” In that one, the paper breathlessly praised Jamie Dimon for emerging from “the disgrace of his industry” to become Barack Obama’s “favorite banker.”

Continue reading →

Mortgage Crisis 101 by Prof. John Campbell

Posted on June 10, 2013 by Deadly Clear

While the foreclosure crisis might sound to some like duck soup, Professor John E. Campbell from the University of Denver Sturm College of Law has taken the time to dissect the issues in his Mortgage Crisis in a Nutshell video explaining precisely what has happened to homeowners and searching for the reasons why.

Prof. Campbell explains what has happened in the traditional sense and how Mortgage Electronic Registration Systems, Inc. participated in part of the scheme. He also discusses how and why the homeowners were not intentionally at fault.

In this one-hour video, Attorney John E. Campbell explains the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Watch the video and then let’s discuss securitization in a little more detail below. Continue reading →

Weekend Reading: The Property Illusion

Posted on April 13, 2013 by Deadly Clear

How many people have to lose their savings, their equity and their pensions before there is a revolution – or is the intellectual revolution already here – “refuge to reconstruction”? That is the $54 Billion dollar question.

Posted by Larry Doyle, Sense on Cents

One man’s wealth tax becomes another man’s wealth confiscation

I have no doubt that given the need for sources of revenue by Uncle Sam and other sovereign governments, the topic of “the protection of property rights” will be increasingly brought front and center in the public arena.

We saw this play out in Cyprus just a few weeks back, and we witness another example of this topic just the other day in a WSJ article, Now He’s After Your 401(K). Continue reading →