Tuesday, July 9, 2013

CHASE, in the instant action, committed a fraud upon the Court by claiming to be the plaintiff. FANNIE MAE should have been the plaintiff as the owner of the note and mortgage

Do not miss reading this link concerning the court's proper identification of fraud on the court in a foreclosure case.


 I, regretfully, point out that the number of cases we have had where this should have been the position of the court are too numerous to count.  Facts clearly supporting this type of fraud, to this day despite all the news, are blatantly ignored by a lot of judges.

For the rest of us who are required to abide by the law, the underlying issue in the case is of no concern when it comes to the separate issue of fraud on the court.  For example, sure you may have the facts to win a case, but lying to the court is still actionable. 

With the banks, the "holder of the note" issue is the basis for dismissing most foreclosures yet the fraud on the court is allowed to persist

One has to wonder why the fraud is committed when courts eagerly dismiss cases the moment the original note appears.  Once counsel for the bank shows the original note the case will likely be dismissed, so why lie?  It is because the foreclosing entity is not truly the holder of the note, and explaining where the orig note was, and how it was obtained, is a road the banks do not want to go down.  Cross-examination of a sponsoring witness (something that rarely occurs, unfortunately - another difference between regular parties in court and banks when it comes to the admission of evidence) more often than not reveals that the foreclosing entity is/was, in fact, not the holder of the note - nonetheless the homeowner's challenge is still dismissed.

Monday, June 10, 2013

Oregon Supreme Court applies the LAW of agency to the legal claims of MERS!

In a rare opinion (as compared to the country) the Oregon Supreme Court does not seem impressed by those who created MERS (Fannie, Freddie, all the major banks) and actually applies the law of deeds of trusts and agency to MERS attempts to foreclose.

Sunday, May 5, 2013

Another "TBTF is still a problem" article

Daniel Tarullo: Too Big To Fail Still A Threat, More Capital Needed: via HuffPost http://huff.to/18B4E98

Friday, May 3, 2013

Director of FHFA removed under pressure from housing advocates

Housing Activists Convince Obama to Dump DeMar: via HuffPost http://www.huffingtonpost.com/peter-dreier/obama-demarco-housing_b_3198037.html

Wall Street is out of control

Jeffrey Sachs: Wall Street Case Shows 'Pathological System, Out Of Control': via HuffPost http://huff.to/10uWVUZ

Banks continue to break laws, settlement agreements, and mislead homeowners.

It's Business As Usual When It Comes to Foreclosure: via HuffPost http://huff.to/18tXVOb