If You Don’t Think Judges Will Listen, Think Again

The following is a case I was retained to investigate after a foreclosure judgment was entered, upheld on appeal, and denied a review by the supreme court. All that remained was the execution of the writ and carrying out the sale. I’m sharing this because I am asked regularly to provide success stories...

Hearsay Is Not Hard To Prove In Foreclosure Land

The money trail does not lie. But the documentary trail lies all the time. | Livinglies’s Weblog   “It is not a business record unless it is a record of the business conducted by the company that is the source of the report. (No exceptions).  If it is not a business record then it is hearsay....

“MERSCORP cannot hold liens owned or serviced by terminated members.” DreamBuilder Invs. v. Merscorp Holdings, Inc.

(See: SDNY – Feb. 18, 2022:DreamBuilder Invs. v. Merscorp Holdings, Inc). Here is an interesting case that was recently decided in the Southern District of New York on behalf of MERS who successfully argued, The membership rules and procedures also state that MERSCORP cannot hold liens owned or serviced by...

Attacking The Powerless And Deceptive “Limited Power Of Attorney” Documents In Foreclosure Litigation.

One of the first things I focus on in all my investigations is the alleged “servicer’s” authority granted by the “Trustees” of “XYZ Trusts” using “Limited Power of Attorney” documents. The following is an example of a deceptive, and arguably fraudulent, Limited Power of Attorney document...

Chase Discovery Demand #1: Produce The WaMu “Servicing Agreement(s)” With All “Approvals & Consents”

In response to a recent QWR sent to JPMorgan Chase regarding ownership of a WaMu deed of trust, the following response was provided: Chase acquired certain assets of Washington Mutual Bank, FA, including servicing rights in your loan, from the Federal Deposit Insurance Corporation (FDIC) as receiver for...

New Residential Investment Corp Explains Why Trusts Are Utilized; To Evade State Laws

Here is a perfect example and explanation of why the “rent a charter” scheme has been ongoing since the financial crash in 2008, and it comes directly from one of the largest investment firms dealing in “Mortgage Servicing Rights” (MSR’s) – New Residential Investment Corp....