Monthly Archives: June 2016

David Dayen: The Foreclosure Sleuth


Originally posted on Livinglies's Weblog:
https://newrepublic.com/article/134722/foreclosure-sleuth How a sports agent uncovered the greatest financial fraud in American history. By David Dayen June 29, 2016 New Republic contributor David Dayen’s book Chain of Title focuses on three individuals in South…

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Floyd v. Bank of America, NA | FL 5DCA


The original note and mortgage, executed in 2006, identified Countrywide Home Loans, Inc. (“Countrywide”) as the lender. After Floyd failed to make the payments required by the note, BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP (“BAC”), sent Floyd a notice of default stating that it intended to accelerate the note if the breach was not cured within thirty days. When Floyd failed to cure the default, BAC filed a mortgage foreclosure complaint. BAC alleged that it was the servicer of the loan, it had the authority to act on behalf of the owner in pursuing the action, and all conditions precedent to the acceleration of the note and mortgage had been met. BAC attached to its complaint copies of both the original note and mortgage. The copy of the note included no blank or special indorsements. Continue reading

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Deutsche Bank Nat’l Trust Co. v. Johnson, 2016-NMSC-013


When standing does not act as a jurisdictional threshold, as in this case, prudential
considerations govern our analysis. See ACLU of N.M., 2008-NMSC-045, ¶ 9. While New
Mexico courts are not subject to the jurisdictional limitations imposed by Article III, Section
2 of the United States Constitution, the standing jurisprudence in our courts has “long been
guided by the traditional federal standing analysis.” ACLU of N.M., 2008-NMSC-045, ¶ 10.
“Thus, at least as a matter of judicial policy if not of jurisdictional necessity, our courts have
generally required that a litigant demonstrate injury in fact, causation, and redressability to
invoke the court’s authority to decide the merits of a case.” Id.; see also Davis v. Fed.
Election Comm’n, Continue reading

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Ocwen Employee admits she “Creates needed Documents”


Originally posted on Livinglies's Weblog:
Does Ms. Wilson know that fabricating securities is a federal crime? By the Lending Lies Team Those of us the foreclosure defense industry don’t experience much laughter. For hours each day we try to…

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JPMorgan Chase Beaten by Beaton, Pro Se! Hallelujah!


Originally posted on Deadly Clear:
Pro Se Plaintiff Deborah Beaton filed a Complaint against JPMorgan Chase wherein Defendant Northwest Trustee Services, Inc. (“NWTS”) joined in a Motion to Dismiss with Chase. In her Second Amended Complaint (SAC), Beaton alleges three causes of action:…

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“Prejudice” Element of Wrongful Foreclosure


Originally posted on Livinglies's Weblog:
http://www.jdsupra.com/legalnews/court-of-appeal-addresses-prejudice-48045/ By Kevin Brodehl If a property owner loses their property through a foreclosure sale initiated by someone who did not validly own the debt, has the property owner automatically suffered enough “prejudice” to…

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The Writing is on the Wall: 2008 was a warm-up for 2017


Originally posted on Livinglies's Weblog:
Commercial Real Estate: Retail and Office Space Vacancies Increase. By William Hudson Before any financial crisis, there are certain signs that appear that should cause homeowners and investors to batten down the hatches.  Although…

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Prosecuting Violations of the Automatic Stay


Originally posted on Serving California only 949-388-7779 & 925-957-9797:
The Automatic Stay and Bankruptcy Law Section 362 of the Bankruptcy Code “The Stay” 11 U.S.C. Section 362, otherwise known as the “Automatic Stay,” is perhaps the most well…

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Holder or PETE?


Originally posted on Livinglies's Weblog:
You can prove your point thus rebutting the legal presumptions that attach to facially valid paper by starting at the top of the paper trail, the bottom or anywhere in between. You won’t find…

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Suit for violation of Bankruptcy Stay 11 USC 362 K Ocwen loan servicing


Originally posted on Serving California only 949-388-7779 & 925-957-9797:
TO THE DEFENDANTS: Plaintiff, FAYE MYRETTE CROSLEY complains against the above-captioned Defendants (collectively, the “Defendants”), and each of them, as follows: Plaintiff, FAYE MYRETTE CROSLEY, (hereinafter referred to as…

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Bank of America Attorney: “Government should stop looking for Fraud where it doesn’t Exist”


Originally posted on Livinglies's Weblog:
By William Hudson http://www.wsj.com/articles/appeals-court-throws-out-1-27-billion-penalty-against-bank-of-america-1464018896 ? The big banks have demonstrated to the world that they own everything including the courts, law enforcement and government officials. They have demonstrated this fact by rigging currency and…

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Katherine Quittner Miami


I went to an appointment to fit a bird costume, in red, but it must not look like a bird, Katherine explained, she also made the point that she is an older woman, and did not want to show her … Continue reading

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