NM and Fla Judges Express Doubt Over Whether Loans Ever Made it Into trust


NEW CENTURY

Livinglies's Weblog

Judges are thinking the unthinkable — that none of the trusts ever acquired anything and that the foreclosures were and are a sham.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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It isn’t “theory. It is facts, or rather the absence of facts.

As shown in the two articles by Jeff Barnes below, we are obviously reaching the tipping point. First, the presentation of a Trust instrument means nothing if there is no proof the trust was active — and in particular actually purchased the subject loan. And Second, Judges will deny all objections to discovery and will rule for the borrower if the Trust did not acquire the loan.

In ruling this way the two Judges — thousands of miles apart — are obviously recognizing that the long standing bank objection to borrowers’ defenses based…

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RESCISSION Revalidated in CA Decision


Livinglies's Weblog

1sT Appellate District US Bank v Naifeh: “… we conclude that a borrower may rescind the loan transaction under TILA without filing a lawsuit, but when the rescission is challenged in litigation, the court has authority to decide whether the rescission notice is timely and whether the the procedure set forth in the TILA (sic) should be modified in light of the facts and circumstances of the case.”

The jig was up when the Jesinoski decision was rendered — courts cannot re-write the statute, although they can consider minor changes in procedure whose purpose is to comply with the statute, not ignore. it.

see US BANK VS NAIFEH

In a carefully worded opinion at least one appellate court seems to be moving closer to the view I have expressed here on these pages. But they still left some simple propositions unclear.

It remains my opinion that a recorded rescission forces…

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Quiet Title Revisited: Not Quite a Dead End


Livinglies's Weblog

Void means that the instrument meant nothing when it was filed, not that it is unenforceable now.

I know how hard it is to let go of something that you really want to believe in. But for practical reasons I consider it unwise to continue on the QT path until we can find a way to get rid of the void assignment. That unto itself might a form of quiet title action and it is far easier to do. The allegation need only be that neither the assignor nor the assignee (a) had any right, justification or excuse to claim an interest in the recorded mortgage and (b) neither one was ever party to a completed transaction in which either of them had paid value for any interest in the recorded mortgage. Hence the assignment is void and should be removed from the chain of title reflected in the county…

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HON. ARMANDO RAMIREZ IS RUNNING FOR RE-ELECTION AS OSCEOLA COUNTY CIRCUIT CLERK OF COURTS


Clouded Titles Blog

BREAKING NEWS, OP-ED … (July 18, 2016) … 

This post is divided into two segments that interrelate to each other.

SEGMENT ONE:

I only generally post stuff that is significant and related to chain of title issues.

Here, there is more than meets the eye, which is why I’ve made it more than just a political candidate pitch.

It’s no secret that the Osceola County Circuit Clerk, the Hon. Armando Ramirez, is running for re-election as Clerk of the Circuit Court as Osceola County, Florida.  There are at least 3 other candidates running against him this time, but I find a significant reason to ignore the challengers in favor of the incumbent: OSCEOLA COUNTY FORENSIC EXAMINATION … and for that reason especially, I endorse Armando Ramirez for this post! 

No other candidate in the race would have the cajones to do what Mr. Ramirez has done in exposing the misdeeds…

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Housing Bubble 2.0: Prepare to Pop


Livinglies's Weblog

CASE-SHILLER-APRIL-BUBBLE-CHARTS

From Mark Hanson Advisors: http://mhanson.com/7-5-hanson-house-prices-ready/

The mind-numbing Case-Shiller regional charts below are presented without too much comment. The visual says it all.

Bottom line:

Q:  If 2006/07 was the peak of the largest housing bubble in history with affordability never better vis a’ vis exotic loans; easy availability of credit; unemployment in the 4%’s; the total workforce at record highs; and growing wages, then what do you call “now” with house prices at or above 2006 levels; worse affordability; tighter credit; higher unemployment; a weakening total workforce; and shrinking wages?

A:  Whatever you call it, it’s a greater thing than the Bubble 1.0 peak.

1)  Funny (and Demented) Seattle area Realtor anecdote regarding the potential for another housing Bubble: “House prices can’t be in a bubble because they are only 10% greater than the 2006 peak, meaning growth of only 1% per year since 2006. And 1% per year…

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Another Case Of Poisoned Drinking Water, This Time In Florida


Another Case Of Poisoned Drinking Water, This Time In Florida

Another Case Of Poisoned Drinking Water, This Time In Florida
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In Florida, where Republican Gov. Rick Scott has taken his state from the cleanest to one of the most polluted in just a few short years, a lawsuit has been filed against a nuclear power plant accused of poisoning the drinking water supply.

The claim also suggests that the state went out of its way to try to hide the poison pouring into the Biscayne aquifer, which supplies drinking water to more than 3 million South Florida residents in and around the Homestead area.

Turkey Point Power PlantAmong the pollutants allegedly discharged into the federally protected waters of Biscayne Bay and surrounding canals are radioactive tritium, nitrogen, phosphorus, salt, and ammonia, according to the lawsuit filed in federal court on July 12, 2016.

The lawsuit, brought by the Southern Alliance for Clean Energy (SACE) and the Tropical Audubon Society Inc., claims that Florida regulators turned a blind eye to the toxic waste dumping of Florida Power & Light Company’s Turkey Point Power Plant.

SACE executive director Stephen Smith told the Palm Beach Post that FPL was using the canal system as an “open industrial sewer like nothing else in the world.”

This isn’t the first time the Turkey Point Nuclear Power Plant has been charged with polluting the drinking water supply. Back in February, a Tallahassee judge ordered state environmental regulators to get FPL to clean up their act, literally. However, the order was not enforced by the state.

According to the Miami Herald:

Critics say the state has a far too cozy relationship with the utility it is charged with regulating.

They’re using the Biscayne aquifer and the bay as their toilet for their industrial waste from their facility,” said Ed Swakon, a consulting engineer for rock miner Altantic Civil…

What’s happening in Florida is a scenario that is playing out all over the country. When lobbyists for Big Polluters successfully control elected officials and government regulators, the public is poisoned.

The Great Deregulation Lie

Politicians are fooling the public into thinking that their repeated pitches for ‘deregulation’ will benefit them. However, nothing could be farther from the truth. Regulations, especially environmental ones, were put in place to protect the public from the industries that see anti-pollution measures as nothing more than a burdensome expense that cuts into their profits.

It should then come as no surprise that if you follow the money trail, you’ll find it runs straight from ‘dirty’ industries, into the coffers of lawmakers pushing for deregulation and getting rid of the Environmental Protection Agency (EPA).

Featured image: Creative Commons/flickr/Gage Skidmore

Turkey Point Nuclear Power Plant photo: Public Domain/US national archives and records administration

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New Jersey Courts retroactively applies Fair Foreclosure Act: Upholds Statute of Limitations


Livinglies's Weblog

See:http://www.law.com/sites/articles/2016/07/15/unpublished-opinions-for-the-week-of-july-18-20116/?slreturn=20160615173820

15-4- 9718 Anim Inv. Co. v. Shaloub, N.J. Super. Chan. (Jerejian, J.S.C.) (13 pp.) Defendants borrowed $178,000 from Mina Investment Co. in September 1990, executing a mortgage in favor of MERS as nominee for Mina the same day. Defendants defaulted on the mortgage in November 1990.

The mortgage was assigned to plaintiff in 1997. Notice of intent to foreclose was sent by plaintiff’s servicer in February 2015. Suit was commenced in September 2015. Defendants moved for summary judgment in February 2016. Both parties assumed that the case was governed by N.J.S.A. 2A:50-56.1(c), which provided that an action to foreclose a residential mortgage could not be commenced after 20 years from the date on which the mortgagor defaulted.

Based on that assumption, plaintiff argued that the date of default was the maturity date stated in the mortgage – Oct. 1, 1995 – and that the running of the statute…

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