Homeowners' receive formal letters naming the entity who third-party debt collector "mortgage-servicers" claim is the owner of our Notes. The law compels timely answers to "borrowers' qualified written requests" disclosing the exact name of the "INJURED PARTY" who claims it is owed a debt arising from our specific Note and Loan.
If the dispute is brought to litigation there has to be a name put in the place of the entity who allegedly owns the Note and debt, i.e. the "injured party" who is injured due to non-payment of the note has to be identified in pleadings. It turns out this simple identification process is surprisingly problematic for our attackers.
In normal business, an entity owed money is eager to prove the debt is owed to it, providing proof of the "equitable injury," or financial loss suffered. But not here: though we have attorneys and debt-collectors refusing to modify loans or workout a resolution that keeps that family housed, instead incessantly maneuvering only to take our homes to satisfy the injury of a completely ELUSIVE entity. We cry foul and seek due process and remedy according to governing law.
"Okay ... sooo, Mr. Rent-a-Bank, you agree you're
Trustee of the Trust that supposedly owns our
note and loan, but you know ZILCH about our note
and loan .... and this cluelessness is your shield from being sued for damages -- or so you hope. You have "no loan-level data" but no other type of data is relevant here. And as "trustee" you're utterly mystified about the Trust you supposedly serve as "trustee" for? What curious cluelessness! What unacceptable unaccountability Mr. Rent-a-Bank as Trustee, sir! Firmly unaware then, if any loan or note even exists, let alone if the Trust
or any of its beneficiaries own it. However you're SURE only
a 3rd party debt-collector and "servicer," the only entity on
earth with a shred of any "loan-level data" is perfectly qualified
to assert ALL attacks against note-maker!
You wear IGNORANCE as INNOCENCE.
Logic-fail. WHO'S INJURED HERE?"
"This looks like a case of too many law schools these past 40 years (?) leaving out of the curriculum American Law of Negotiable Instruments, UCC Articles 3 and 9... These notes are all negotiable instruments. A "declaration of default" on a note can only be decreed by a proven note-owner, but homeowners are made to admit they're "in default" just because they missed a payment. Even if the debt-collecting servicer instructed them to miss one or more payments to qualify for a loan modification! Younger judges even seem to have no idea about 'presentment' on the note."
"Boss of the
Posted April 2012 and still timely because the crisis is still very much afoot. Easy laymen's terms and promises to be an eye-opener. Thank you to attorneys John and Alicia Campbell and Eric Vieth. Note: it makes sense that these people are good at conveying and de-mysitifying this: John is also on the faculty of Sturm College of Law at the University of Denver; and we've seen time and again that law scholars who love logic and have more invested in Principle than in filthy lucre and a fallen injurious busiinss model -- would come through and reverse-engineer one of the greatest wealth and land grab heists of the century.
What is "MERS?" Check out minute 32 for ten minutes on the colossal mess known as "Mortgage Electronic Registration System."
CHRISTOPHER L. PETERSON* (2011)
ABSTRACT - "In the mid-1990s, mortgage bankers created Mortgage Electronic Registration Systems, Inc. (MERS) to escape the costs associated with recording mortgage transfers. To accomplish this, lenders per- manently list MERS as the mortgagee of record instead of themselves to avoid the expense of recording any subsequent transfers. MERS’s claim that it is both an agent of the lender and the mortgagee, and the huge gaps left in the public record, give rise to a range of legal issues. This Article addresses whether security agreements naming MERS as a mortgagee meet traditional conveyance requirements and discusses the rights of counties to recover unpaid recording fees. The author explores the challenges facing judges, legislators, county recorders, and investors who must resolve these issues to rebuild confidence in real property recording systems."
* Associate Dean for Academic Affairs and Professor of Law, University of Utah, S.J. Quinney College of Law.
" ... No one should have the legal right to take your home merely by winking and nodding their way around a significant flaw in the securitization model and whatever burrs it may leave on the industry’s saddle. …
Is there anyone with a present contractual connection to you or the loan who has actually suffered a default? If not, any… foreclosure begins to bear an uncanny resemblance to double dipping.
It is time for Judges to dust off the principle of fundamental fairness that lies at the heart of our legal system, demand a level playing field, and stand behind alternatives to foreclosure that serve the legitimate interests of homeowner and industry alike. ..."
From Living Lies post: HERE>
Full articleI 2015 by Maine lawyer Rockwell P. Ludden:
Posted on October 5, 2021
by Neil Garfield
"All successful defenses to foreclosure attempts basically come down to one fact: When tested, the claim cannot be supported because it is untrue."
" .... The essence of what we call “securitization” is actually breaking up the homeowner transaction into atomized legal pieces. The investment bank —acting through various intermediaries — is actually purchasing the right to make a claim against the homeowner even though it is not a creditor. It’s not a servicing right or even a legitimate claim. The homeowner agrees because the homeowner never receives any information about the structure of his/her transaction and thus never has any opportunity or ability to assess the deal or bargain for better terms or go to some other source of capital. The inserted parties are merely renting out their names to the investment bank in exchange for a fee. The originator, the servicer in whose name payment histories are published, the REMIC trustee, the trust, are all fictitious or sham conduits for the scheme of the investment banker.
The investment bank is selling information or data about the transaction with the homeowner and can sell as many pieces of information as the market will bear. Substantively the entire transaction with the homeowner is paid off many times over but never recorded as such. But the law requires any claimant in any lawsuit to have suffered a loss due to a breach of duty by the homeowner. There is no such party because all parties have been paid. The fact that it was not recorded as such or disclosed as such merely means that the investment bank succeeded in maintaining an illusion — not that the loan was sold or that anyone owns it. ..."
SCHOOL of LIFE
Paid in Full
From the abstract: "Who has the legal right to foreclose on your home? More importantly, who doesn’t?
Unlawful foreclosures are not just financial crimes against
individuals and families. At the eviction stage, they are crimes perpetrated together with the threat of violence. Five years after the 2008 economic implosion, it is clear to anyone with a shred of sensibility that many financial regulators have become Wall Street commodities to be bought and sold. If that were not the case, by now there would have been hundreds, if not thousands of arrests, convictions and imprisonments; just as there were in the aftermath of the Savings and Loan debacle in the early1990’s.
Twenty years hence, our leaders are benign at best and complicit at worst. This is a legal issue that has haunted the foreclosure crisis since it began in 2008. During the 1990s, U.S banking interests aunched an all-out campaign to repeal many of the federal banking regulations which were enacted by Congress in the aftermath of the stock market crash of 1929. Bit by bit, those regulations were stripped away until finally, in 1999, Congress repealed what was arguably the single most important financial regulation born out of that financial crisis: The Glass-Steagall Act. This deregulation allowed the rapid return to the same casino-like behavior that characterized the financial industry in the 1920s.
Although many foreclosures are legitimate, a large percentage of them which were started since 2008 involved fake or forged documentation, the most egregious of which are recorded mortgage assignments involving private label securitized
trusts created between 2004 and early 2007. In 2013,
such unlawful foreclosures continue to occur daily,
on a massive scale, in every State of the Union. ..."
Bank of America Corporation partners since 2008: MERS, Wilshire, Merrill Lynch, Countrywide, M&T Bank, Wilmington Trust, Nationstar
HARVARD SCHOOL OF LAW, PROFESSOR:
commit the tort of wrongful foreclosure"
In 2014 there was never an Assignment of deed-of-trust recorded to the below "beneficiary" until 2018 after four docs were rescinded & filed anew to finally name the below 2014 entity in a "corrective" Assignment amending the 2009 record as stated, nine years later.
But in so doing, their careful "legal corrective" to amend Assignee name also sneakily (and fatally) altered the name of the original Assignor who should have remained the original "lender," who didn't exist in 2009 let alone in 2018. Maybe I wouldn't notice. Four prior records were officially "rescinded" and four new records filed, finally consistent with this "corrective" Assignment...
Yet if it's recitals were true in 2009 as purported, it then created a fatal fork, retroactively, with both the 2012 and 2013 Assignments, making BofA into felony filers (?) while leaving a gaping admission that the same entities had been relentlessly threatening foreclosure on our home for over five YEARS on a defective Assignment to "Nationstar" who denied the charge the entire time, but then revealed utter confusion as to who it was supposedly collecting for... i.e., the "injured party." Luckily this 2018 "corrective assignment" cured their confusion. ....
Oh, spoke too soon: See below their 2018 Notice of Trustee Sale names NOT this new Assignee they went to much trouble to "legally correct." Nope: the original secretly-obliterated 2009 Assignor "AEGIS the non-existent" is yet again raised from the dead since they went bankrupt in 2007, and here featured prominently as the named "beneficiary" on the operative 2018 Notice of Trustee Sale, allegedly the one who authorized the auction they completed on our house in 2019. Perfect.
"Standard Terminology for Expressing Conclusions of Forensic Document Examiners"
Yet God has kept us in
in a 30-day span
Meet & Confer phone 430.41.
See 1/30/2019 blog post CA Homeowners Bill of Rights
All three above variations penned by Nationstar to formal complaint to Consumer Financial Pro-tection Bureau (CFPB) differ between their own 3 responses AND with attorney-named "injured party" during 2017 suit.
"Aegis" is named as "beneficiary" in both Notices of Trustee Sale in 2016 and 2018 but Aegis ceased to exist in 2007, by bankruptcy in public record. And "MERS" Mortgage Electronic Registration Systems never owns any loans or notes, and in deposition has admitted as much. MERS also never initiates or authorizes any foreclosures.
"It's a Lie. Pure and Simple." 10/22/21 LivingLies.me, by Neil Garfield