In another recent case a King County Superior Court Judge decided pursuant to a motion for reconsideration of a summary judgment ruling that Ocwen was not a holder and therefore could not be a beneficiary within the meaning of Washington... more
In another recent case a King County Superior Court Judge decided pursuant to a motion for reconsideration of a summary judgment ruling that Ocwen was not a holder and therefore could not be a beneficiary within the meaning of Washington law.
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.
Despite decades of government reform, the American housing credit system continues to mirror long-standing patterns of racial segregation and inequality. Consistent with this trend, the current housing crisis reveals an unusually high... more
Despite decades of government reform, the American housing credit system continues to mirror long-standing patterns of racial segregation and inequality. Consistent with this trend, the current housing crisis reveals an unusually high concentration of subprime mortgage activity and property foreclosures in non-white residential settlements across the nation. Given the generally accepted premise of market neutrality, this case study of lending patterns in Sacramento, California, questions why US housing market exchanges continue to produce racially disparate outcomes and seeks to identify the ideological practices in which race is deployed, informs state and private economic action and shapes contemporary credit market practices.
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... 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.
Meaning of Jurisdiction • The term jurisdiction has been derived from two Latin terms – ‘juris’ meaning law and ‘dicta’ meaning speech. So the term basically means “I speak by the law”. • Jurisdiction has not been defined under the Code... more
Meaning of Jurisdiction • The term jurisdiction has been derived from two Latin terms – ‘juris’ meaning law and ‘dicta’ meaning speech. So the term basically means “I speak by the law”.
• Jurisdiction has not been defined under the Code of Civil Procedure (hereinafter CPC or the Code). Black’s Law dictionary defines the term as “A court's power to decide a case or issue a decree.”
• If a case has been decided by a court which does not have jurisdiction to decide that matter, such lack of jurisdiction will go back to the root of matter and authority of court to decide that matter can be challenged.
MERS admits that the thousands of instrument it has recorded in Washington's county based land registration system contains false statements. Why do courts allows MERS to break Washington's laws and thereby destroy the accuracy of its... more
MERS admits that the thousands of instrument it has recorded in Washington's county based land registration system contains false statements. Why do courts allows MERS to break Washington's laws and thereby destroy the accuracy of its land registration process?
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... 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.
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... 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
Late last month, banking services company US Bank agreed to repay the government a staggering $200 million amid allegations it misrepresented residential home loans as suitable for insurance when, in fact, the borrowers either did not... more
Late last month, banking services company US Bank agreed to repay the government a staggering $200 million amid allegations it misrepresented residential home loans as suitable for insurance when, in fact, the borrowers either did not meet standard underwriting requirements or were not checked for creditworthiness at all. The settlement comes on the heels of several other settlements between private mortgage lenders and the federal government-many of which stem from the 2008 housing crisis.
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,... 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.
It is important that we understand the facts of life about 21st century American empire life, because it is only by acknowledging its reality that we as a society can exercise our freedom of conscience under the First Amendment to... more
It is important that we understand the facts of life about 21st century American empire life, because it is only by acknowledging its reality that we as a society can exercise our freedom of conscience under the First Amendment to spiritually fight the evil that appears to be corrupting our judicial system.
RCW 42.56.030 states in pertinent part: The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for... more
RCW 42.56.030 states in pertinent part:
The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. ...
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... 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.
What is significant here is the $100,000 + attorney fees Lane Powell charged John Deere in this case appear to be for coordinating the strategy of all defendants and for taking independent offensive actions against the plaintiff
Respectfully, I ask that you do some more research on this decade-long litigation at every level of the MA State and Federal judiciary... Review my website... An unprecedented ELEVEN (11) recusals (9 Federal, 2 MA State) - and that's... more
Respectfully, I ask that you do some more research on this decade-long litigation at every level of the MA State and Federal judiciary... Review my website... An unprecedented ELEVEN (11) recusals (9 Federal, 2 MA State) - and that's AFTER judicial misconduct was evidenced for the record.... We're far beyond "Angering" a corrupt judicial officer... This litigation is now being recognized as - the most egregious abuse of judicial power ever RECORDED in the history of The United States.
Motion asking for an award of $111,771.53 attorney fees incurred by John Deere against attorneys for the plaintiffs. Is this an example of the "scorched earth" litigation model?
Objectives. The objectives of this study were to examine whether an increasing number of foreclosures in a neighborhood subsequently increase disorder and whether the temporal relationship between foreclosures and disorder is different... more
Objectives. The objectives of this study were to examine whether an increasing number of foreclosures in a neighborhood subsequently increase disorder and whether the temporal relationship between foreclosures and disorder is different before and during the housing crisis. Methods. We employ longitudinal data to examine the impact of foreclosure on crime in Glendale, Arizona, a city at the epicenter of the nation’s foreclosure problem. We rely on three data sources: (1) foreclosure data, (2) Computer-Aided Dispatch/Police Records Management System data, and (3) U.S. Census and census estimate data. Results. Our findings suggest that foreclosures do have a short-term, four-month effect on overall disorder and social disorder; however, that relationship only holds during the months preceding the housing crisis. During the housing crisis, there is no effect of foreclosures on disorder. Conclusions. Our results suggest that instead of the long-standing negative impact that foreclosures have on disorder in communities, their negative effect is short lived and limited. Thus, foreclosures during the housing crisis do not signal disorder and decay as expected. A number of communities across the country have enacted prevention, enforcement, and reuse policies and programs aimed at foreclosure for the purpose of reducing disorder and subsequent crime; our results suggest that some of these policies and programs require substantial resources and might not have their desired impact.
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... 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.
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... 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.
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... 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.
Consumer credit transactions, from retail installment contracts, to mortgages, to automobile leases, to credit cards, often generate assignments. The recipients of assignments -- those who assume rights and obligations from the original... more
Consumer credit transactions, from retail installment contracts, to mortgages, to automobile leases, to credit cards, often generate assignments. The recipients of assignments -- those who assume rights and obligations from the original creditors -- often face a minefield of state and federal laws which may trigger liability. This paper contrasts various liability possibilities which assignees may face in these situations.
