STANDING: Banks Swimming Upstream as Shell Game Continues in SALMON CASE


Originally posted on Livinglies's Weblog:

For further information please call 520-405-1688 or 954-494-6000.

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see 4th DCA Salmon v Foreclosed Asset sales and Transfer CorpDOC042315

I have often reminded lawyers that Judges NEVER get reversed when they deny a motion for summary judgment. When they grant summary judgment in foreclosure cases, their vulnerability to a reversal increases exponentially. In the SALMON case, the appellate court greets the foreclosing party with sarcasm and frustration, reversing the peremptory granting of summary judgment of foreclosure entered by the trial judge.

The shell game of changing entities combined with inexplicable acronyms in the names of new entities entering the picture is alerting courts across the country that we might just be dealing with organized crime. It is at least true that these strategies are typically used by criminal organizations to avoid detection and prosecution by creating an endless series of layers, transfers and roadblocks through the process of incorporation…

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When Rescission Was Ignored and Final Order/Judgment Entered: What now?


Originally posted on Livinglies's Weblog:

For further information please call 520-405-1688 or 954-495-9867

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One of the warriors in this fight just got a negative result in court relating to rescission. Not surprising. Judges never liked TILA and they certainly don’t like rescission, but Justice Scalia made it very plain that the Judges must apply the law as it is — not as they think it should be.

The facts are that the notice of rescission was sent years ago and the bank stonewalled it — the very thing that Congress wanted to make very painful for banks. While Judges all over the country were saying I was wrong about rescission under TILA and applying common law principles, the outcome was very predictable — they found reasons why the rescission was not effective. But Scalia in Jesinowski changed all that. TILA rescission is effective by operation of law at the time the notice is dropped…

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U.S. Forced to Import Corn as Shoppers Demand Organic Food | GOVTSLAVES.INFO


Originally posted on The Invisible Opportunity: Hidden Truths Revealed:

(Alan Bjerga)  A growing demand for organics, and the near-total reliance by U.S. farmers on genetically modified corn and soybeans, is driving a surge in imports from other nations where crops largely are free of bioengineering.

Imports such as corn from Romania and soybeans from India are booming, according to an analysis of U.S. trade data released Wednesday by the Organic Trade Association and Pennsylvania State University.

That shows a potential market for U.S. growers willing to avoid the use of artificial chemicals and genetically modified seeds, said Laura Batcha, chief executive officer of the association, which includes Whole Foods Market Inc., Whitewave Foods Co. and Earthbound Farm LLC.

The report is “a help-wanted sign” for U.S. farmers, Batcha said. “There are market distortions that are pretty striking.”

via U.S. Forced to Import Corn as Shoppers Demand Organic Food | GOVTSLAVES.INFO.

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By order of Pope Francis: All Bar Association licenses are extinguished


Originally posted on Maine Republic Email Alert:

Reference:

APOSTOLIC LETTER OF THE SUPREME PONTIFF FRANCIS
Anna addresses Cardinal George

All Bar Association licenses are extinguished.
  • “There will be no seizure of the American retirement accounts, no false flags, no murder, no mayhem, no scalar weapons deployed.
  • There will be no deceptive “offers” in commerce seeking to exchange gold for land or human capital under conditions of non-disclosure and deceit.
  • There will be an end to this criminality and to the complacency of the Church and of the American Cardinals and Archbishops responsible for the mis-administration of the courts.

Or there will be Hell on earth, Cardinal George — literally, and it will not come against the innocent Americans. The Left Hand of God will come for those who are responsible and unrepentant.

The Treaty of Verona is extinguished.

All Bar Association licenses are extinguished.

By order of Pope Francis, all attorneys, all clerks, every member of the judicial system

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Fla 4th DCA Reverses Based Upon Trial by Ambush


Originally posted on Livinglies's Weblog:

For further information please call 954-495-9867 or 520-405-1688

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see 4th DCA Reive v Deutsch Trial by Ambush J Oftedal reversed DOC032515-001

Those of us who have been fighting this ground war have seen it again and again. The “corporate representative” is allegedly employed by the servicer. Nobody shows up representing the Plaintiff, except a lawyer who says he represents the Trust or other Plaintiff but we really don’t know that this lawyer has been retained by, say, US Bank as trustee for XYZ Securities Pass Through Trust 200X-A. In fact, we don’t even know if US Bank is the Trustee.

And even if they are the Trustee neither they nor their so-called trust (probably unfunded, so it couldn’t have purchased or originated any loans) have legal standing because they don’t own the loan. There is a huge difference between pleading and proof. AND standing means different things depending upon…

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Eric Mains: “Acceptable Casualties”


Originally posted on Livinglies's Weblog:

At the request of Eric Mains, former FDIC employee, I am publishing his comments on the foreclosure situation and the the banking crisis.

ACCEPTABLE CASUALTIES

I thought quite a bit about what I would say regarding the experience of battling with a large bank for the last 6 years in a foreclosure action. One could complain about the forgery, the fraud, the denial of due process and equal protections under apathetic state court system(s), the shifty attorneys, etc. One could, but frankly it’s not worth the time or waste of space writing about it in just my particular case. You can read the complaint(s) I filed in both State and Federal court, read the trial transcripts, and draw your own conclusions as to the whole situation and legalities.

What is remarkable to me, and what is worth discussing, is not that my case has been the exception to large…

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Is the PSA Relevant If It Shows the Assignment is Void?


Originally posted on Livinglies's Weblog:

For further information please call 954-495-9867 or 520-405-1688

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see Yvanova2014-Opening brief

The short answer is YES. If a party initiates foreclosure proceedings based upon ownership of the loan, note and mortgage by a REMIC Trust, that ownership is based upon the express provisions of a trust instrument. And that trust instrument is the Pooling and Servicing Agreement (PSA). If that instrument is created under the laws of the State of New York, New York law expressly states that anything that violates the trust provisions is void.

So if US Bank, for example, says it brings the foreclosure by virtue of US Bank being the Trustee for a named Trust, then right there is an item for discovery —- is US bank really the trustee? Does the trust own the loan? If the answer is no, then there should be no foreclosure. Nothing could be more relevant.

So the theory…

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