UNJUSTICE – Chapter 4: LACK OF JURISDICTION

UNJUSTICE
 A Sydney Sullivan Story
“Although inspired in part by a true incident, the following story is fictional and does not depict any actual person or event.” Photos throughout the fiction are to assist with your own imagination.

Ole stared directly at John G., “This is putting some bad law on the books, John – you can’t tell me this doesn’t bother you? I have to tell you both straight out that if I didn’t know about the pension fund issues, I’d think we’d look just plain incompetent… and I know some people are already saying that. We’re a pretty conservative community with a telegraph tree on the Internet. Every time I deny a homeowner’s foreclosure complaint it’s all over the social media. I’ve run out of creative ways to deny these homeowners and say, ‘you can appeal me, but you still have to move out, unless the appellate court gives you a stay.’ Now, you want us to go after a decent attorney just because he can’t be persuaded to quit his representation of homeowners?

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UNJUSTICE  – Chapter 2: SHARING SECRETS

UNJUSTICE
 A Sydney Sullivan Story
“Although inspired in part by a true incident, the following story is fictional and does not depict any actual person or event.” Photos throughout the fiction are to assist with your own imagination

Whether it was the wind that day or the position between the camps, Erik and Howard could hear the entire conversation the judges were having. It was like the old well-known oddity of the placement of John Quincy Adam’s desk in the U.S. Capitol where he could hear everything people said — even whispers — from clear across the room. Normally, Erik and Howard wouldn’t hear anything coming from the judges’ camp. But today the word “foreclosure” peaked Erik’s hearing and he wanted to hear more.

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Welcome to Freddie and Fannie’s Mortgage Shell Game

By Shawn Timothy Newman, J.D.
Adjunct Professor
Saint Martin’s University

Wheres-the-NoteIn common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.

As noted in Powell on Real Property, sec. 37.27 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)  Continue reading

Finally an answer to that *vexing* question. Is There Life After HAMP?

Published by THE RECORDER, Essential California Legal Content

modification-fraudChavez v. Indymac Mortgage Services [C.A. 4thD061997]
Click here for the full decision

“We conclude the homeowner sufficiently alleged equitable estoppel to preclude the lender’s reliance on the statute of frauds defense.

We also conclude that the homeowner sufficiently alleged a cause of action for wrongful foreclosure.” Continue reading

BofA Invasive Tactic in Foreclosures Draws Scrutiny

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

NYT break-in storyThe 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

Washington, DC Tax Lien Rape Leaves Homeowner with Nothing

Don’t think for one minute that this could not happen to you.

WP Tax Rape Story

On the day Bennie Coleman lost his house, the day armed U.S. marshals came to his door and ordered him off the property, he slumped in a folding chair across the street and watched the vestiges of his 76 years hauled to the curb. Continue reading

Part 2 – How to Challenge an Assignment of Mortgage

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.

LandOwnershipRecent 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

Your Mortgage Documents Might be Fake!

lynn_szymoniak-620x412Ya 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 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

An OPEN FORECLOSURE DEFENSE LETTER To ALL Governors – Wake Up!

court home snatchersMost of us working in foreclosure defense find the foreclosure procedure despicable. The lies and fraudulent documents make our hearts ache and stomachs turn; and when a judge refuses to see the deceit – CORRUPTION lights up like a neon sign. It’s time we take over these land grab issues, hand them back to the states and ask the Governors and Legislators to reign in the courts and protect the constituents. This is not about a “free house” – which is pure bankster propaganda that is hard to overcome. This is about truth, integrity and honesty – none of the attributes that Wall Street banks possess these days.

One Washington state constituent, Linda Michelle Darnell, a foreclosure defense consultant, wrote a compelling letter to her governor, Jay Inslee. We Continue reading

Bank Induced Defaults….and What the Government Knew

loan-modification-scam-avoid-companies-offeringIf you think you have your mortgage modification under control – STAY ALERT. Discussions with attorneys have indicated the banks are reneging on their modification agreements and settlements – even after judicial order. Servicers like Ocwen Loan Servicing are refusing Western Union payments and some servicers are peddling properties they have agreed by court order to reinstate to real estate brokers whose agents are spreading false rumors that homes are back in foreclosure. It is hard to understand how anyone in the real estate industry would ever touch a foreclosure – let alone set themselves up for a lawsuit by blatantly trying to sell a home not listed for sale by its legal owner.

Danielle Kelley, Attorneys at Law PLLC posted Bank Induced Defaults….and What the Government Knew – a brilliant synopsis of the modification scam industry. Continue reading