Do not miss reading this link concerning the court's proper identification of fraud on the court in a foreclosure case.
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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.
VA Foreclosure Defense
Covering the news and stories that relate to the national foreclosure crisis.
Tuesday, July 9, 2013
Tuesday, July 2, 2013
Monday, June 17, 2013
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.
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major-oregon-supreme-court-ruling-undermines-mers-leaves-registry-room-challenge
Tuesday, May 21, 2013
Monday, May 13, 2013
Wednesday, May 8, 2013
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
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