Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures, Evictions

Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures, Evictions

Posted on April 17, 2009 by livinglies

The whole thing is unraveling just we predicted 18 months ago. The largest transfer of wealth in world history is starting. The question is who is going to be behind the curve and who is going to be ahead of it?

We are getting daily reports of many cases in which cases that have gone as far as a writ of possession being completely reversed, putting the homeowner not only in possession of the house, but free from the threat of foreclosure. In many cases we are seeing quiet title actions being granted. They won’t be publicized until after the time for appeal has run. It would seem that the foreclosing parties are not likely to appeal because the result, if negative, will apply not only to the case they appealed but to all their cases, past, present and future. The cases differ in procedural and substantive facts, so don’t be thinking that there is a single magic wand to waive over all the cases at one time. The Federal government programs won’t provide any relief for the majority of people injured by the predatory and fraudulent financial, securities and lending practices sponsored by the Wall Street barbarians.

The tide is turning. Dozens of Judges in courts of all jurisdictions are questioning the right of MERS, servicers or other “nominees” to even be present in court much less initiate the foreclosure action. It is basic black letter law that you can’t’ go to court and ask for relief unless you are the person who was injured. No matter how they mince the words, the only parties with any potential to apply for relief in non-judicial or judicial states are the investors. ALL the rest of the would-be foreclosers and parties who actually foreclosed are impostors seeking to get around due process requirements by invoking non-judicial procedure or by outright lying in judicial actions. In a securitized loan situation non-judicial procedure is unavailable and improper. Invoking it doesn’t make it right. It should be challenged from the start. every non-judicial state has a judicial procedure as well. ALL these cases can ONLY be processed by satisfying the requirements of pleading, notice and hearing on the merits at which real witnesses with personal knowledge must account for the securitized transaction from one end to the other.

Many homeowners are now considering filing damage actions for abuse of process and lawyers are getting the point. Several actions have shown the inherent conflict between the apparent authority of the Trustee on the Deed of trust, the trustee of the pooled assets and the trustee for the holders of mortgage backed securities. Similar conflict exists between MERS, the “depositor” (custodian of the alleged mortgages and notes that were securitized), the Trustees, and the certificate holders (investors).

Filed under: CDO, CORRUPTION, Eviction, GTC | Honor, Investor, MODIFICATION, McCain, Mortgage, Servicer, foreclosure, securities fraud | Tagged: fraud, mortgage meltdown, foreclosure defense, Lender Liability, borrower, disclosure, trustee, securitization, predatory lending, foreclosure offense

9 Responses to “Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures, Evictions” 1. Allan (with a NEWS ALERT), on April 20th, 2009 at 10:58 am Said: NEWS ALERT! CSPAN2 in minutes at 2 p.m. is about to air Senate hearings on MORTGAGE FRAUD. Tune in! Allan BeMoved@AOL.com 2. Martin, on April 20th, 2009 at 7:40 am Said: I have Countrywide trying to use an Affidavit of possession of the Note from an Assistant Vice President - David Perez. They have had a year to find the original Note endorsed over to them and have not. They have filed a Motion for Summary Judgment. I want to dispute the Affidavit as hearsay, the Plaintiff is using the Business Records exemption to hearsay. Does anyone have a case precedent for this I can use? I have a Non Profit Atty working on an answer, but he has no “fire” and does not appear to “get it”. Countrywide has no standing under the HDC doctrine and I live in a Judicial Foreclosure state. Thanks! 3. Raja, on April 19th, 2009 at 10:05 am Said: Mr.Neil, I posted my Bankruptcy order for your advise but did not get response.Then I submitted it on your email too but no response. 4. Walter Hackett, on April 18th, 2009 at 10:49 am Said: Unfortunately they’re only trickling in out in CA. The good news is those that are coming out clearly support contentions we’ve been raising in state court actions since LAST MAY. I do have a case in which a state judge sustained most of a demurrer because he believed the legal issues involved “required” appellate review. Unfortunately since he overruled the demurrer as to ONE cause of action, Quiet Title, we can’t outright appeal the matter and must instead seek a Writ of Mandamus. Anyone interested in helping with the drafting of the application PLEASE feel free to contact me at whhackett3@hackettslaw.com Walter Hackett, Attorney at Law 5. L .Fitzgerald, on April 18th, 2009 at 2:41 am Said: The Trojan Horse.. was a very clever giant wooden Horse structure that was made out as a gift from the Greeks ..who admitted defeat and left a tribute to praise the Trojan behind their walls about their invincibility. Given as a gift .. a tribute ! The Trojan”s foolishly opened their massive doors and celebrated their victory over the enemy by rolling in the Horse tribute. .into their city behind those very walls that protected Troy. We all know what happened later that night.. The American Way of Life and its people are suffering a very similar situation as the Trojan Nation . We also had very high walls to defend us from the enemy. A Trojan Horse was built by many corrupt politicians and their very greedy Wall Street banksters partners. And we unknowly and foolishly opened the doors. The damage to our American Way of Life immense and is still growing ,and spreading. The virus these people have unleashed into our financial system and our national security is worst than 1000 Osama Bin Laden’s. attacks on America. These corrupt gang of people have committed the largest and highest crime of national Treason ! The terror and destructive affects have not been completed ..and it keeps spreading through out America and the World. We know who these people are..We know their first and last names. We know where they work . They work as Senators, Congressmen , they are elected politicians and their lobbyist buddies.and the Wall Street CEO’s. Treason committed by our own people . We don’t have to worry about outside terrorist attacks . We have home grow terrorist and traitors in our elected official’s and in the corrupt Wall Street CEOs . Not one of these corrupt , traitor’s , and enemy of our American Nation has been accused of any wrong doing. No !!! They’re still running the show. They are our Saviors now .. they will fix everything. ..why , because they have the expertise to fix and cover up their crimes committed against our nation. And Washington is helping them . Many responsible and honest people are still acting like the ostrich bird.. Please take your head out of that hole in the sand …and open your eyes and see …the crimes that have been committed against us , and our children and our grandchildren and many generations to come. May God help us change what must be changed .!! Politicians are like diaper’s ..you have to change them often. Otherwise you’ll have what we have now a terrible ….stink . Politicians who are re elected over and over for decades and decades have to be changed . We have the power to do it. L.F. 6. Vicki Mah, on April 17th, 2009 at 9:13 pm Said: L. Fitzgerald you wrote it beautifully. Thank you, -Vicki Mah 7. Don, on April 17th, 2009 at 6:17 pm Said: MERS DESTROYED BY NEVADA BK JUDGE 3/31/2009 http://www.msfraud.org/law/lounge/MERSDestroyed.pdf 8. Nye Lavalle, on April 17th, 2009 at 5:56 pm Said: Neil, If you can create a depository of these decisions or forward onto me I would appreciate it. Regardless of appeals, what we are doing now with the cases I am involved in is to create a notebook for the judges to educate them along with my reports of years ago. Charts, contracts, and decisions help these judges “get it!” Many of these judge have lost values on their homes. In some jurisdictions (South) we raise the issue of the lack of transparency could be money laundering for hedge funds whose real investors are drug dealers, russian mobsters and even al queda! In any event, will keep you abreast of new decisions we find. Love ANY decisions you have, especially the ones where evictions have been reversed. 9. L .Fitzgerald, on April 17th, 2009 at 4:13 pm Said: I’ts a United State of American tragedy,and shameful national disgrace that millions of middle class working people that followed the advice of Wall Street ,Bankers,and opened their retirements plans, refinanced their Mortgage’s and after being lied to ,and manipulated by the very people we trusted.. are they are ransacking our last ,and most important asset our ..Homes. The American Dream is being destroyed by a small group of Wall Street Corp Bankers.. . The Congress, and many politicians are cooperating with their old college buddies by bailing them out , so the bankers keep their mouths shut and keep their nice jobs and positions. They are not protecting the working class people that have become innocent victims of the whole criminal scam . To make matters worst ..Many judges ,and Big lawyer default specialist groups are fast tracking foreclosures, and the Justice system is not even granting a fair due process of law.. Final Summary Judgments are stamped and granted to the Plaintiff’s that may not have a right to foreclose or even file a motion. The justice system is working hand in hand with the most corrupt group of large law default groups and helping them steal a home ,a house that they will sell for a windfall profit. The justice system is working against the most unprotected and defenseless group of people not seen.. since the last depression of 1929. These victims can’t afford to pay a defense lawyer ..and if they could pay ..many lawyer don’t want to work foreclosures.. Yes these middle class people that have lost their jobs,or have fallen into very hard times… thanks to the Wall Street ( Investment pools.,derivatives,Hedge funds, CDOs .) are been throw out ..into the street. like bag of trash.. . What a nightmare . One year your working and making a living , the next year your investments were stolen , you lost your business or job , and you are Homeless for the first time in your life. … What a beautiful America Dream ….people living in tents , in their cars …..what a pretty picture. The Wall Street bankers , politicians , and the Justice system ..they are doing okay .. I fact ..they are buying your foreclosed house at a rock bottom price .. and getting richer for it. .. The Rich and the Poor . The middle class is being exterminated by a unjust system…. I remember reading about the French & Russian Revolution . King Louie ,and the Zar Alexander were very comfortable in their palaces ….while the poor folks outside were starving . Is History repeating itself …in America … My last hope is that a movement for justice for all is planted into the consequence of our leaders before more damage is inflicted to the American Dream …a dream for a fair deal in this wonderful country . I had to blow off steam….whats happening today is a tragedy . I was a volunteer in the Regular Army 1972-74 ..Vietnam Era I mentioned this to clear ..any doubt that I love my Country .and that I served and did my duty . I love my fellow veterans ..I feel a brotherhood for them ..especially on my visit to the V.A. Clinic . L.