Writ of Certiorari to SCOTUS: Transfers to Trusts Are Void, not Voidable


Livinglies's Weblog

In observance of the Jewish holiday of Yom Kippur, my office will be closed Wednesday, September 23. The following article was scheduled in advance:

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See Anh N. Tran, et al. v. Bank of New York SCOTUS Certiorari_SRCH

READ THE ENTIRE BRIEF SLOWLY AND STUDY IT.

I think we have another case here where the pen of Justice Scalia (if they grant the writ and hear the case) will be dripping with sarcasm , just like we saw in Jesinoski. The New York Law says that the “transfer” to the REMIC Trust is void if it violates the terms of the Pooling and Servicing Agreement. The problem for the banks is that they MUST rely on the PSA in order to give standing to their trustee and servicer. If the trust does not have the loan, then the trustee has no authority over the loan and neither does the servicer…

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About Here and Now

I rant about issues concerning foreclosure, real estate law and any topic of interest. Normally my day job is Fashion and Costume Design. I like writing and reading interesting subjects.
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One Response to Writ of Certiorari to SCOTUS: Transfers to Trusts Are Void, not Voidable

  1. Joseph casper Henry says:

    Dear Kenny;Blessed Yom Kippur to you and all of your faith. In a previous email you mentioned that DEUTSCHE BANK PROBABLY CLOSING SOME OF ITS BRANCHES AROUND THE WORLD.DO YOU HAVE ANY MORE UPDATE ON THIS? YOU SEE ,RIGHT NOW WE ARE IN A FORECLOSURE ON OUR PROPERTY IN QUEENS NY, INVOLVING GOLDMAN SACHS, DEUTSCHE BANK TRUST AND OCWEN. DEUTSCHE BANK TRUST CLAIMS TO BE THE HOLDER OF OUR MORTGAGE.THE MORTGAGE WAS FIRST FROM WMC MORTGAGE AND MERS WAS INVOLVED ,IT WAS SOLD SOMETIME AFTER WE OBTAINED IT IN 2005.LITTON WAS THE SERVICER AND THEY DID A NUMBER ON US WITH A FORCED PLACED INSURANCE,THEN HANDED IT OVER TO OCWEN WHO CONTINUED IT AND NOW BROUGHT IT TO FORECLOSURE.I READ THIS WEEK THAT GOLDMAN SACH’S CEO LlOYDD HAS CANCER. WE BELIEVE THAT THE GOD OF HEAVEN WOULD BRING THEM TO SHAME AND DISGRACE.WE ARE PRAYING ABOUT THESE ENTITIES NIGHT AND DAY,LATE HOURS WHEN SLEEP ELUDES ME,AM CRYING OUT TO GOD ABOUT THESE UNPRINCIPLED PEOPLE.THANK YOU FOR EDUCATING THE PUBLIC AND EXPOSING THEIR WICKEDNESS. HENRY

    Date: Wed, 23 Sep 2015 17:00:06 +0000 To: jon-henry@hotmail.com

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