Archive | September, 2014

California Appellate Court is Fed Up with Bank of America: Homeowner’s Claim Upheld Even Though Not in Proper Form

30 Sep

Livinglies's Weblog

This appeal represents another example of what is becoming a well established and predictable pattern. A homeowner in distress because of the meltdown of the financial markets applies to a lender for mortgage relief. The lender approves the homeowner’s participation in a government-funded program meant to lower mortgage payments and avoid foreclosure. The homeowner tries to comply with the terms of the mortgage modification program. He or she contacts the lender to make sure everything is proceeding according to plan and either receives assurances that it is or is passed from person to person, each of whom professes to know nothing about the loan in question or its modification. Sometimes both. Then the foreclosure notice is posted on the door, and the house is sold.

The kindest interpretation to place on this scenario is lender incompetence – the left-hand loan modification department and the right-hand foreclosure department appear to be…

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Powers of Attorney — New Documents Magically Appear

29 Sep

Livinglies's Weblog

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone.

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BONY/Mellon is among those who are attempting to use a Power of Attorney (POA) that they say proves their ownership of the note and mortgage. In No way does it prove ownership. But it almost forces the reader to assume ownership. But it is not entitled to a presumption of any kind. This is…

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Charles Koppa Team is Nailing It in Southern California

22 Sep

Livinglies's Weblog

Charles (Poppa Koppa) has been a tireless investigator since the mortgage misery began. It was he who saw the correlation between the amount of the wrongful “credit bid” at auction and the amount reported to investors and regulators and insurers and guarantors. I just received the following from him. He and his team are focusing in on the plain fact that none of the transactions referenced or implied by “assignment,” “indorsement” or “power of attorney” ever happened. None of the “documents” are true. The courts are mostly running on the biased and completely incorrect underlying assumption or narrative that any of the foreclosing parties had any legal role in originating, transferring or even processing loans or payments on loans. The entire scheme is a fraud with pennies being sent out to keep “investors” pacified while their wallets are being purged of any value.

Here is what Charles Koppa wrote to…

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The “Loan Closing” Debunked in Court Decision Slapping Attorney Title Fund

17 Sep

Livinglies's Weblog

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone.

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Editor’s Comment: This decision (described in the article below, corroborates my recent articles as to what happened at closing. Instructions were not followed, except for the instructions contained in the assignment and assumption agreement, and other instructions received from the securities broker or its alter ego companies.

Note the reference to “closing agents’ fraud.”…

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PHH Loses Again: 2d DCA Florida Reverses Trial Judge and Enters Judgment for Borrowers

12 Sep

Livinglies's Weblog

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone.

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The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in…

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Foreclosure Judge Get Voted Off the Bench — A Message from Voters

11 Sep

Livinglies's Weblog

Voters are responding to the presumptions by Judges that all victims of foreclosures are deadbeats who deserve to be punished. Diana Lewis is the first casualty that I have heard about. Steamrolling over borrowers in the context of fraudulent loan closings, fraudulent assignments, and fake paperwork is producing a backlash — and not just from people in foreclosure. As I have repeatedly warned, people who are not in foreclosure are getting hit with the consequences of bank misconduct. Everyone has lost value in their single most important investment — their home. Over $10 Trillion has vanished from middle class wealth and gone straight to the banks.

As I have said before, this is an example of what most politicians are missing — if you are not running against the Mega banks, you will be seen as being bought by them. If you do run against the Mega banks you will…

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