With a History of education firmly rooted in technology, electronics and mechanics, Real Estate and Real Estate Law I have dedicated the past 12 years to cataloging every article I could find concerning the illegal foreclosure processes used from the financial crisis or 2008 to present.
HUD Enforcement: The Serious Business of Lender Oversight, 2011
According to recent news stories, the HUD Office of Inspector General has put several lenders on ... more According to recent news stories, the HUD Office of Inspector General has put several lenders on notice regarding the quality of documents submitted as part of the FHA claims process. Another large FHA lender has also been accused of poor quality control involving their loan origination processes. In all instances, it has been reported that HUD or the Department of Justice is using the False Claims Act to seek treble damages among other penalties. Not surprisingly, other FHA lenders are increasingly concerned about what appears to be a significant increase in the number and severity of enforcement actions taken by HUD related to FHA single family loans. Are there in fact more actions today and are the actions taken more severe? Are more enforcement tools being used?
THE FINANCIAL CRISIS INQUIRY REPORT • OFFICIAL GOVERNMENT EDITION •, 2011
The Financial Crisis Inquiry Commission has been called upon to examine the financial and economi... more The Financial Crisis Inquiry Commission has been called upon to examine the financial and economic crisis that has gripped our country and explain its causes to the American people. We are keenly aware of the significance of our charge, given the economic damage that America has suffered in the wake of the greatest financial crisis since the Great Depression.
Our task was first to determine what happened and how it happened so that we could understand why it happened. Here we present our conclusions. We encourage the American people to join us in making their own assessments based on the evidence gathered in our inquiry. If we do not learn from history, we are unlikely to fully recover from it. Some on Wall Street and in Washington with a stake in the status quo may be tempted to wipe from memory the events of this crisis, or to suggest that no one could have foreseen or prevented them. This report endeavors to expose the facts, identify responsibility, unravel myths, and help us understand how the crisis could have been avoided. It is an attempt to record history, not to rewrite it, nor allow it to be rewritten.
The legendary Lynn Szymoniak's original paper describing Mortgage Assignments and their role in f... more The legendary Lynn Szymoniak's original paper describing Mortgage Assignments and their role in fraudulently foreclosing on homes Natiowide.
Max Gardner's Top 200 Signs That You Have a False Document, 2010
Nationally recognized anti-illegal foreclosure Attorney Max Gardner list's the top 200 signs that... more Nationally recognized anti-illegal foreclosure Attorney Max Gardner list's the top 200 signs that within your foreclosure evidence file you have false, forged, fabricated &/or impossible to legally exist documents created specifically by the foreclosing entity to create the appearance in a court of law of the foreclosing entitie's lawful right to foreclose against you.
It is as the title suggests, a compendium of "Capacity" cases. Cases where the capacity of the su... more It is as the title suggests, a compendium of "Capacity" cases. Cases where the capacity of the suing entity has been challenged and decided on. Rule 1.120(a), Fla. R. Civ. P. RULE 1.120. PLEADING SPECIAL MATTERS (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
A party lacks the capacity to envoke the jurisdiction of the court, 2013
If a Plaintiff cannot prove their ownership of the note or mortgage BEFORE initiating the legal p... more If a Plaintiff cannot prove their ownership of the note or mortgage BEFORE initiating the legal proceeding called foreclosure, then that party "lacked the capacity to envoke the jurisdiction of the court" and jurisdiction arguments can be brought at any time in any case. These are my notes.
When trying to Vacate a Void judgment it becomes necessary to have and to list precedents. This i... more When trying to Vacate a Void judgment it becomes necessary to have and to list precedents. This is simply a list of cases (precedents) Nationwide where Vacating a Void judgment was successfully accomplished.
Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged
Real Estate... more Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses because of how bankers and lawyers structured (or failed to structure) these securities. This calamity is compounded by the fact that those professional advisors should have known that the REMICs they created were flawed from the start.
City of Seattle review of Mortgage Documents, 2015
The objective of this project is to determine whether residential real estate property assignment... more The objective of this project is to determine whether residential real estate property assignments within the Seattle city limits involving Mortgage Electronic Registration Systems, Inc. (MERS) are valid and in accordance with Washington State Law in light of the 2012 State Supreme Court decision in Bain v. Metropolitan Mortgage Group, Inc.
of the FBI's Office for Victim Assistance What is mortgage servicing fraud? Mortgage Servicing Fr... more of the FBI's Office for Victim Assistance What is mortgage servicing fraud? Mortgage Servicing Fraud occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity. This is accomplished by using one or more of the following tactics. The Swindler's List: o Falsely claiming to be the owner/holder in due course of the tangible Note; o Paying Bonuses to workers who force homeowners into foreclosure; o Request homeowners to submit and resubmit loan mod paperwork multiple times that pays the bank $1,500 each time. o Falsely claiming legal standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc.; o Using fraud, false statements and evidence to invoke the jurisdiction of the court; o Preying on the ignorance of the court and homeowner; o Deceptively convincing borrowers to agree to unfair and abusive loan terms, or systematically violating those terms in ways that make it difficult for the borrower to defend against; o Took out forced-placed insurance on property they did not own; o Altering/modifying loan terms without the legal authority to do so; o Falsely claiming Pooling & Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law; o Failing to follow PSA, SEC and regulatory guidelines; o Using fraudulent means to obtain AAA-ratings on "crappy loans"; o Robo-Signing legal documents without review or the legal authority to do so; o Entering on-time payments as late, to exact illegal and unauthorized fees; o Manipulating account records; o Feloniously claim REMIC tax-exempt status; o Claim homestead-exemption status as a corporation; o Falsely claimed tangible Notes were transferred to the Trusts; o Participate in the active concealment of origination fraud; o Converted paper Notes to digital images with no law to support it; o Destroyed original Notes to, inter-alia, cover-up origination fraud; o Backdating legal documents; o Filing forged/faked documents in courts and public land records; o Charging force-placed insurance when the homeowner already has full coverage; o Falsely report a default to the credit bureaus when it is the servicer who altered records to
People's Hero - Southern Essex County (MA) Register of Deeds – John O’Brien, 2014
Register O’Brien:“People need to know that this is not a Democrat or Republican issue! It is an A... more Register O’Brien:“People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
McDonnell Property Analytics, Inc release of Southern Essex Registry of Deeds Audit , 2011
Southern Essex Registry of Deeds Audit Reveals That 75% of Assignments of Mortgage Are Invalid; O... more Southern Essex Registry of Deeds Audit Reveals That 75% of Assignments of Mortgage Are Invalid; O’Brien Says Banks Responsible for an Epidemic of Fraud. Once again urges Attorney’s General to stop Bank settlement talks.
Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the... more Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the Pooling and Servicing Agreement). The Cut Off Date is the date on which all mortgage loans in the trust must be identified. In short, a final list of all of the mortgages in the bundle is set out. Each trust also has a Closing Date which is the date that the individual mortgages are transferred to the Trust Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most trusts included the following or equivalent language regarding the Assignments: “Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in connection with the servicing of a Mortgage Loan.
Where the OCC finds that Wells has been using fake and forged documents to steal homes and sets n... more Where the OCC finds that Wells has been using fake and forged documents to steal homes and sets new requirements for Wells to continue. 2011.
David and Mary Ellen Wolf were several payments behind on their home mortgage and knew that forec... more David and Mary Ellen Wolf were several payments behind on their home mortgage and knew that foreclosure loomed. They were puzzled, though, when a foreclosure notice came early in 2011 from Wells Fargo because they hadn’t done business with that bank. They asked their West University neighbor, lawyer W. Craft Hughes, for help. After poring over mortgage records, Hughes came to the conclusion that neither Wells Fargo nor its mortgage servicer, Carrington Mortgage Services, had legal claim to the note on the house or the right to foreclose. A state district court jury in Harris County agreed last month and awarded the Wolfs $5.4 million after a four-day trial
HUD Enforcement: The Serious Business of Lender Oversight, 2011
According to recent news stories, the HUD Office of Inspector General has put several lenders on ... more According to recent news stories, the HUD Office of Inspector General has put several lenders on notice regarding the quality of documents submitted as part of the FHA claims process. Another large FHA lender has also been accused of poor quality control involving their loan origination processes. In all instances, it has been reported that HUD or the Department of Justice is using the False Claims Act to seek treble damages among other penalties. Not surprisingly, other FHA lenders are increasingly concerned about what appears to be a significant increase in the number and severity of enforcement actions taken by HUD related to FHA single family loans. Are there in fact more actions today and are the actions taken more severe? Are more enforcement tools being used?
THE FINANCIAL CRISIS INQUIRY REPORT • OFFICIAL GOVERNMENT EDITION •, 2011
The Financial Crisis Inquiry Commission has been called upon to examine the financial and economi... more The Financial Crisis Inquiry Commission has been called upon to examine the financial and economic crisis that has gripped our country and explain its causes to the American people. We are keenly aware of the significance of our charge, given the economic damage that America has suffered in the wake of the greatest financial crisis since the Great Depression.
Our task was first to determine what happened and how it happened so that we could understand why it happened. Here we present our conclusions. We encourage the American people to join us in making their own assessments based on the evidence gathered in our inquiry. If we do not learn from history, we are unlikely to fully recover from it. Some on Wall Street and in Washington with a stake in the status quo may be tempted to wipe from memory the events of this crisis, or to suggest that no one could have foreseen or prevented them. This report endeavors to expose the facts, identify responsibility, unravel myths, and help us understand how the crisis could have been avoided. It is an attempt to record history, not to rewrite it, nor allow it to be rewritten.
The legendary Lynn Szymoniak's original paper describing Mortgage Assignments and their role in f... more The legendary Lynn Szymoniak's original paper describing Mortgage Assignments and their role in fraudulently foreclosing on homes Natiowide.
Max Gardner's Top 200 Signs That You Have a False Document, 2010
Nationally recognized anti-illegal foreclosure Attorney Max Gardner list's the top 200 signs that... more Nationally recognized anti-illegal foreclosure Attorney Max Gardner list's the top 200 signs that within your foreclosure evidence file you have false, forged, fabricated &/or impossible to legally exist documents created specifically by the foreclosing entity to create the appearance in a court of law of the foreclosing entitie's lawful right to foreclose against you.
It is as the title suggests, a compendium of "Capacity" cases. Cases where the capacity of the su... more It is as the title suggests, a compendium of "Capacity" cases. Cases where the capacity of the suing entity has been challenged and decided on. Rule 1.120(a), Fla. R. Civ. P. RULE 1.120. PLEADING SPECIAL MATTERS (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
A party lacks the capacity to envoke the jurisdiction of the court, 2013
If a Plaintiff cannot prove their ownership of the note or mortgage BEFORE initiating the legal p... more If a Plaintiff cannot prove their ownership of the note or mortgage BEFORE initiating the legal proceeding called foreclosure, then that party "lacked the capacity to envoke the jurisdiction of the court" and jurisdiction arguments can be brought at any time in any case. These are my notes.
When trying to Vacate a Void judgment it becomes necessary to have and to list precedents. This i... more When trying to Vacate a Void judgment it becomes necessary to have and to list precedents. This is simply a list of cases (precedents) Nationwide where Vacating a Void judgment was successfully accomplished.
Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged
Real Estate... more Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses because of how bankers and lawyers structured (or failed to structure) these securities. This calamity is compounded by the fact that those professional advisors should have known that the REMICs they created were flawed from the start.
City of Seattle review of Mortgage Documents, 2015
The objective of this project is to determine whether residential real estate property assignment... more The objective of this project is to determine whether residential real estate property assignments within the Seattle city limits involving Mortgage Electronic Registration Systems, Inc. (MERS) are valid and in accordance with Washington State Law in light of the 2012 State Supreme Court decision in Bain v. Metropolitan Mortgage Group, Inc.
of the FBI's Office for Victim Assistance What is mortgage servicing fraud? Mortgage Servicing Fr... more of the FBI's Office for Victim Assistance What is mortgage servicing fraud? Mortgage Servicing Fraud occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity. This is accomplished by using one or more of the following tactics. The Swindler's List: o Falsely claiming to be the owner/holder in due course of the tangible Note; o Paying Bonuses to workers who force homeowners into foreclosure; o Request homeowners to submit and resubmit loan mod paperwork multiple times that pays the bank $1,500 each time. o Falsely claiming legal standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc.; o Using fraud, false statements and evidence to invoke the jurisdiction of the court; o Preying on the ignorance of the court and homeowner; o Deceptively convincing borrowers to agree to unfair and abusive loan terms, or systematically violating those terms in ways that make it difficult for the borrower to defend against; o Took out forced-placed insurance on property they did not own; o Altering/modifying loan terms without the legal authority to do so; o Falsely claiming Pooling & Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law; o Failing to follow PSA, SEC and regulatory guidelines; o Using fraudulent means to obtain AAA-ratings on "crappy loans"; o Robo-Signing legal documents without review or the legal authority to do so; o Entering on-time payments as late, to exact illegal and unauthorized fees; o Manipulating account records; o Feloniously claim REMIC tax-exempt status; o Claim homestead-exemption status as a corporation; o Falsely claimed tangible Notes were transferred to the Trusts; o Participate in the active concealment of origination fraud; o Converted paper Notes to digital images with no law to support it; o Destroyed original Notes to, inter-alia, cover-up origination fraud; o Backdating legal documents; o Filing forged/faked documents in courts and public land records; o Charging force-placed insurance when the homeowner already has full coverage; o Falsely report a default to the credit bureaus when it is the servicer who altered records to
People's Hero - Southern Essex County (MA) Register of Deeds – John O’Brien, 2014
Register O’Brien:“People need to know that this is not a Democrat or Republican issue! It is an A... more Register O’Brien:“People need to know that this is not a Democrat or Republican issue! It is an American issue; one that strikes at the very backbone of our country – people’s property rights; and to make deals and turn a blind eye to fraud is awful!”
McDonnell Property Analytics, Inc release of Southern Essex Registry of Deeds Audit , 2011
Southern Essex Registry of Deeds Audit Reveals That 75% of Assignments of Mortgage Are Invalid; O... more Southern Essex Registry of Deeds Audit Reveals That 75% of Assignments of Mortgage Are Invalid; O’Brien Says Banks Responsible for an Epidemic of Fraud. Once again urges Attorney’s General to stop Bank settlement talks.
Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the... more Each such bundle/trust has a Cut Off Date identified in the trust documents (specifically, in the Pooling and Servicing Agreement). The Cut Off Date is the date on which all mortgage loans in the trust must be identified. In short, a final list of all of the mortgages in the bundle is set out. Each trust also has a Closing Date which is the date that the individual mortgages are transferred to the Trust Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most trusts included the following or equivalent language regarding the Assignments: “Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in connection with the servicing of a Mortgage Loan.
Where the OCC finds that Wells has been using fake and forged documents to steal homes and sets n... more Where the OCC finds that Wells has been using fake and forged documents to steal homes and sets new requirements for Wells to continue. 2011.
David and Mary Ellen Wolf were several payments behind on their home mortgage and knew that forec... more David and Mary Ellen Wolf were several payments behind on their home mortgage and knew that foreclosure loomed. They were puzzled, though, when a foreclosure notice came early in 2011 from Wells Fargo because they hadn’t done business with that bank. They asked their West University neighbor, lawyer W. Craft Hughes, for help. After poring over mortgage records, Hughes came to the conclusion that neither Wells Fargo nor its mortgage servicer, Carrington Mortgage Services, had legal claim to the note on the house or the right to foreclose. A state district court jury in Harris County agreed last month and awarded the Wolfs $5.4 million after a four-day trial
A compendium of (all) State's "Law of Void"'s
An order made without any authority at law is a vo... more A compendium of (all) State's "Law of Void"'s
An order made without any authority at law is a void order. A void judgment [or order] is, in legal effect, no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one.' [Citation.]" ( Bennett v. Wilson (1898) 122 Cal. 509, 513-514 [55 P. 390].) (Ibid)
"Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal." Old Wayne Mut. I. Assoc. v McDonough, 204 U.S. 8, 27 S.Ct. 236 (1907); Williamson v Berry, 8 How. 495, 540, 12 L.Ed. 1170, 1189 (1850); Rose v Himely, 4 Cranch 241, 269, 2 L.Ed. 608, 617 (1808).
Hey all who read this! There seems nothing in this group yet so, as a former foreclosure survivor... more Hey all who read this! There seems nothing in this group yet so, as a former foreclosure survivor, I thought I'd add in my 2 cents. First, a little Personal History I lost 9 properties to bank fraud back in the mid 90's. I tried to legally fight them, but who knew how and the legal system was more than hopeless, they were the piranha. Sure they'd represent me, but I had rental property so it would be an upfront fee of $10,000 " to review the case ". If I'd had that kinda money I wouldn't have needed their help. Now a lot will think that all I did was go out and buy houses with nothing down techniques and start collecting rent, but nothing could be further from the truth. I bought single and double family houses that were in boards, and then I, all by myself, did whole house rehabs on these places. I replaced walls, electrical systems, plumbing systems, heating systems, roofs, carpet, bathrooms and kitchens all. I did all the labor. And I was credited with starting whole neighborhood housing revolutions in 2 of the neighborhoods I owned in.
Adapted for all the States,
and
TO THE UNION OF LEGAL AND EQUITABLE REMEDIES
UNDER THE REFORMED P... more Adapted for all the States, and TO THE UNION OF LEGAL AND EQUITABLE REMEDIES UNDER THE REFORMED PROCEDURE
FAIR DEBT COLLECTION PRACTICES TRAINING CONFERENCE, 2018
March 7-8, 2014
San Antonio, TX
Training and Federal Statutes concerning all areas of FDCPA, inc... more March 7-8, 2014 San Antonio, TX Training and Federal Statutes concerning all areas of FDCPA, including templates, examples & procedures.
Uploads
Not surprisingly, other FHA lenders are increasingly concerned about what appears to be a significant increase in the number and severity of enforcement actions taken by HUD related to FHA single family loans. Are there in fact more actions today and are the actions taken more severe? Are more enforcement tools being used?
Our task was first to determine what happened and how it happened so that we could understand why it happened. Here we present our conclusions. We encourage the American people to join us in making their own assessments based on the evidence gathered in our inquiry. If we do not learn from history, we are unlikely to fully recover from it. Some on Wall Street and in Washington with a stake in the status quo
may be tempted to wipe from memory the events of this crisis, or to suggest that no one could have foreseen or prevented them. This report endeavors to expose the facts, identify responsibility, unravel myths, and help us understand how the crisis could have been avoided. It is an attempt to record history, not to rewrite it, nor allow it to be rewritten.
Rule 1.120(a), Fla. R. Civ. P.
RULE 1.120. PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses
because of how bankers and lawyers structured (or failed to structure) these securities. This
calamity is compounded by the fact that those professional advisors should have known that the
REMICs they created were flawed from the start.
Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most
trusts included the following or equivalent language regarding the Assignments:
“Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in
connection with the servicing of a Mortgage Loan.
They were puzzled, though, when a foreclosure notice came early in 2011 from Wells Fargo because they hadn’t done business with that bank.
They asked their West University neighbor, lawyer W. Craft Hughes, for help. After poring over mortgage records, Hughes came to the conclusion that neither Wells Fargo nor its mortgage servicer, Carrington Mortgage Services, had legal claim to the note on the house or the right to foreclose.
A state district court jury in Harris County agreed last month and awarded the Wolfs $5.4 million after a
four-day trial
Not surprisingly, other FHA lenders are increasingly concerned about what appears to be a significant increase in the number and severity of enforcement actions taken by HUD related to FHA single family loans. Are there in fact more actions today and are the actions taken more severe? Are more enforcement tools being used?
Our task was first to determine what happened and how it happened so that we could understand why it happened. Here we present our conclusions. We encourage the American people to join us in making their own assessments based on the evidence gathered in our inquiry. If we do not learn from history, we are unlikely to fully recover from it. Some on Wall Street and in Washington with a stake in the status quo
may be tempted to wipe from memory the events of this crisis, or to suggest that no one could have foreseen or prevented them. This report endeavors to expose the facts, identify responsibility, unravel myths, and help us understand how the crisis could have been avoided. It is an attempt to record history, not to rewrite it, nor allow it to be rewritten.
Rule 1.120(a), Fla. R. Civ. P.
RULE 1.120. PLEADING SPECIAL MATTERS
(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, that party shall do so by specific negative averment which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses
because of how bankers and lawyers structured (or failed to structure) these securities. This
calamity is compounded by the fact that those professional advisors should have known that the
REMICs they created were flawed from the start.
Custodian, who must certify that for each mortgage, the custodian has a mortgage note endorsed in blank and proof that the ownership of the note has been transferred. This proof is most often an Assignment of Mortgage. Most
trusts included the following or equivalent language regarding the Assignments:
“Assignments of the Mortgage Loans to the Trustee (or its nominee) will not be recorded in any jurisdiction, but will be delivered to the Trustee in recordable form, so that they can be recorded in the event recordation is necessary in
connection with the servicing of a Mortgage Loan.
They were puzzled, though, when a foreclosure notice came early in 2011 from Wells Fargo because they hadn’t done business with that bank.
They asked their West University neighbor, lawyer W. Craft Hughes, for help. After poring over mortgage records, Hughes came to the conclusion that neither Wells Fargo nor its mortgage servicer, Carrington Mortgage Services, had legal claim to the note on the house or the right to foreclose.
A state district court jury in Harris County agreed last month and awarded the Wolfs $5.4 million after a
four-day trial
An order made without any authority at law is a void order.
A void judgment [or order] is, in legal effect, no judgment. By it no rights are divested. From it no rights can be obtained. Being worthless in itself, all proceedings founded upon it are equally worthless. It neither binds nor bars any one.' [Citation.]" ( Bennett v. Wilson (1898) 122 Cal.
509, 513-514 [55 P. 390].) (Ibid)
"Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal." Old Wayne Mut. I. Assoc. v McDonough, 204 U.S. 8, 27 S.Ct. 236 (1907); Williamson v Berry, 8 How. 495, 540, 12 L.Ed. 1170, 1189 (1850); Rose v Himely, 4 Cranch 241, 269, 2 L.Ed. 608, 617 (1808).
and
TO THE UNION OF LEGAL AND EQUITABLE REMEDIES
UNDER THE REFORMED PROCEDURE
1907 Students Edition
San Antonio, TX
Training and Federal Statutes concerning all areas of FDCPA, including templates, examples & procedures.