Fraud on the Court as a Basis for Dismissal with Prejudice or Default:
An Old Remedy Has New Teeth
That cheaters should not be allowed to prosper has long been central to the moral fabric of our society and one of the underpinnings of our legal system.
Dismissal with prejudice has long been available as the ultimate civil sanction against litigation misconduct, but is often bypassed

Everything you ever wanted to know (and more) about MERS
and why it cannot be a beneficiary under a deed of trust.

Erickson v. Green Tree
The rampant abuse of the MERS nominee status and purported beneficiary status by document preparation services in concert with loan servicers, allegations calling into question the authority of MERS to assign a deed of trust, are always plausibly stated.

Erobobo Reversed?
The defendant waived the defense of lack of standing.
(This reversal does not validate the VOID assignment.)

The earlier decision in Wells Fargo v. Erobobo, published 2 years ago today held: "The assignment of the Defendant's note and mortgage, having not been assigned from the Depositor to the Trust, is therefore VOID as in being in contravention of the PSA."


Banks get Caught up in their own Confusion and
their Foreclosure Specialist didn't know anything about anything.

LOANCARE v. COLEMAN
Lend America did not deliver the subject note to MERS. The subject mortgage did not give MERS the authority to assign the subject note.

$2 Million Unanimous Jury Verdict
In September 2010, Residential Credit Solutions began rejecting Hammer's monthly payments and refused to acknowledge the existence of the loan modification. RCS then proceeded to prosecute two separate foreclosure actions against Hammer, despite the fact that Hammer, still to this day, has tendered all of her monthly payments as required under the loan modification agreement. The first foreclosure case was dismissed in favor of Hammer and against RCS in 2011.

Quicken Loans approved bad mortgages just to make money
government says in suit.
The U.S. government alleges Quicken Loans knowingly violated mortgage underwriting practices just to close bad loans insured by FHA -- a practice it says has cost taxpayers millions of dollars and hurt neighborhoods when the houses went into foreclosure.

California AG files brief in Support of the Homeowner
AMICUS BRIEF OF THE ATTORNEY GENERAL IN SUPPORT OF YVANOVA
This is impressive, well-written, and confirms what homeowners have been screaming about for two decades. The key word here is "wrongful" foreclosure, and the AG uses it repeatedly.

Green Tree accused of abusing customers with profanity,
name-calling, inflated payments, lies

The Federal Trade Commission and Consumer Financial Protection Bureau allege Green Tree has spent the years since the financial crisis terrorizing homeowners.
Green Tree abused homeowners who are behind on their mortgages by swearing at them, calling them names, mocking their illnesses and threatening them with prison will pay out more than $60 million.

SCUM OF THE EARTH
Bank of America and Select Portfolio
Moved to Seize Widow’s Home.

But didn’t tell her the loan was insured.
When her husband passed away in 2003, Select Portfolio and Bank of America did not arrange a payoff of the $100,000 policy and continued to charge his widow an insurance premium every month along with her mortgage payment.
How many don't know their home was insured?


As His Young Daughters Slowly Die,
Bank Of America Threatens Foreclosure

The Shepherds fear if they lose their house, they won't be able to afford a place that can accommodate all of the girls medical equipment and special set-up.

$6 Million Award Upheld by Montana Supreme Court!
McCulley v. U.S. Bank of Montana
The jury found that the Bank defrauded McCulley and awarded her $1,000,000 in compensatory damages and $5,000,000 in punitive damages, which the District Court approved. The Supreme Court affirmed the damages judgment, and reversed the calculation of interest on the judgment.

PRECEDENTIAL DEBT COLLECTION CASE
Kaymark v. Bank of America, Udren Lw Offices
The body of the Foreclosure Complaint listed certain not-yet-incurred fees as due and owing, which Kaymark alleges violated several state and federal fair debt collection laws and breached the mortgage contract. Because we conclude that Kaymark has sufficiently pled that the disputed fees constituted actionable misrepresentation under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., we will reverse the District Court’s order dismissing certain FDCPA claims against Udren Law Offices.

This is a crime scene. GET HER HOUSE BACK!
CANCER SURVIVOR LOSES HER HOME DUE TO
EMC MORTGAGE SWINDLE

"I wish I had died of cancer, it would have been easier," said Hartman.
Through no fault of her own, the mortgage went into foreclosure and now she has just days to find a new place to live. The trouble started 10 years ago when her mortgage was sold from one company to another.
Since at least 1992, EMC Mortgage has stolen countless homes by simply refusing homeowner's full and timely payments. And the Department of Justice won't prosecute?

The biggest investment most Americans will make is now the target of the biggest financial crimes in history and labeled:

"The Perfect Crime."

When fully exposed, this will make Enron look like a parking ticket.

- MSFraud 2003 -

From the 2005 transcript of hearing in MERS v. Cabrera

"It truly concerns me, however, that thousands and thousands -- thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I'm not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn't own, so I'm not certain of the consequences but it seems vast."
- The Honorable Judge Jon Gordon - September 2005 (Emphasis added)


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Required reading for judges and should be cited to in every brief.
FORECLOSURES SKYROCKET
Not a single family who had their house illegally seized by the banks were returned to their home.
FORGED SIGNATURE WIPES OUT MORTGAGE


Max Gardner's Dirty Dozen Rules for Ownership of the Mortgage Note
WHEN ATTORNEYS FIGHT
JUDICIAL CORRUPTION

Free Online book
Florida’s Kangaroo Foreclosure Courts: Judges Denying Due Process on Behalf of Banks
The Banks Lost the Notes:
This is no Joke!

Max Gardner's Top Tips for
Fake Mortgage Documents

Homeowner Suffers Horrific Injustice
at the Hands of JPMorgan Chase

QUIET TITLE ACTIONS - PART I & II


Max Keiser interviews former Asst. Secretary of Housing Catherine Austin Fitts
at counter 12:48 & 19:30
When mortgages were offered there was fraud in the inducement, fraudulent securitization, and then fraudulent foreclosures.

Tracking Financial Crisis Cases


How to Reverse a Home Foreclosure Sale







The 2008 Crisis was Avoidable


Obtaining Due Process in Non-Judicial Foreclosure States


FORECLOSUREGATE: It's FRAUD




HOW TO FIGHT TO SAVE YOUR HOME


Mortgage Banking Licensee List - Servicers Only


UNBELIEVABLE FORECLOSURE STORY!


Foreclosure Case Killer- The Subpoena Duces Tecum


The Sidebar | What is an Assignment of Mortgage


Access to Justice: Opening the Courthouse Door


Following Up On Foreclosures


Getting Back Your Home AFTER Foreclosure Sale


WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE?


Finding the Fraud in the Loan Documents

The GSE Business Model is FATALLY Flawed


DOUBLE FUNDING, FABRICATION OF DOCUMENTS AND FORGERY OF SIGNATURES REVEALED


Basic Foreclosure Litigation Defense Manual


FORECLOSURE DEFENSE 101


HOW THE FBI BLEW IT


The Banks and Our Government continue to cover up the FRAUD


SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!!


Federal Reserve is a Ponzi scheme.


Read This If You Are Facing Foreclosure




» MERS has Destroyed the Chain of Title in America

» U.S. Bank Admits MERS Does NOT Have Authority to Assign Note

» States Fight Back Against MERS Foreclosure Fraud

» Merscorp Lacks Right to Transfer Mortgages, Judge Says

» New York continues assault on MERS

» WHEN IS FORECLOSURE THEFT?
WHEN THE MORTGAGE IS RECORDED AT MERS

» Pictures Of MERS, Part 1: Corporate Documents Illustrate The Mortgage Shell Game

» MERS Consent Cease and Desist Order

» The Meaning of MERS

» The MERS Fifty Million Mortgage Meltdown

» MERS is NOT licensed in California

» How MERS Toasted the Banks

» MERS: A Survey of Cases Discussing MERS’ Authority to Act.

» NY Class-Action against MERS, Baum & HSBC

» MERS is a SHAM says judge in 2005

» Stern-MERS Class-action

» MERS Twilight Zone

» MERS was not authorized to assign anything.

» Search MERS to see if the owner or investor of your note is listed.

» MERS 101

» MERS Depositions

» MERS 2010 Deposition

» EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES

» MERS and CITI are not Real Parties in Interest

» MERS Admits NO Interest in Mortgage and No Loss On Default

» A Florida Solution to the MERS Mortgage Foreclosure Crisis & Fiasco and why Every Foreclosure of a MERS Mortgage done in Florida deserves to be REVERSED.

» How to Attack MERS and WIN!

» Has A MERShole Opened Up?

» MERS does not have standing

» MERS - relief from stay Denied

» Kansas Supreme Court Knocks Out MERS

» Nevada BK Court Knocks Out MERS

» MERS loses again. This time in Texas

» MERS loses in Idaho

» MERS Accused of Illegal Shortcuts to Speed Foreclosures

» The MERS Experience

» MERS Affidavits (Girdvainis case)

»Supplemental Order (Girdvainis case)

» MERS 2005 hearing transcript in Cabrera

» Why You Don't Owe The Money

» Obtaining Due Process in Non-Judicial Foreclosure States

» ABUSIVE LENDERS AND BROKERAGES THAT FINANCE THEIR DEALS

» 99 YEARS for Mortgage Fraud

» Show Me the Original Note and I Will Show You the Money

» The Lack of Evidentiary Foundations Fosters Fraud

» Transforming Homeowner Violence Into A Mortgage War Plan

» Protest stops eviction by Bank of America

» Jury awards couple $10.6 million in bank case

» Jury gives woman $1.25M in lawsuit over mortgage

» $3.4 Million Dollar Jury Verdict For Wrongful Foreclosure

» EMC Mortgage/JPMorgan Chase cleans out the wrong house!

» The CRIMINAL Case against BEAR STEARNS begins

» Who Owns My House?

» Mortgage fraud --the worst crime no one's heard of

» Supreme Court rules that campaign contributions can create perception of judicial bias

» Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures,Evictions

» Misbehavior and Mistake in Bankruptcy Mortgage Claims

» 25 People to Blame for the Financial Crisis

» Have you been hurt by EMC Mortgage Corporation? You are not alone...

» Responding To The Foreclosure Crisis

» FTC check for EMC's ILLEGAL Practices

» Bear Stearns and EMC Mortgage to Pay $28 Million to Settle FTC Charges of Illegal Mortgage Servicing and Debt Collection Practices

» Bear Stearns & EMC Agree to Pay $28 Million in Settlement...but what about the homeowners who lost their homes due to EMC's fraud?

» BRINGING DOWN BEAR STEARNS

» The Housing and Economic Recovery Act of 2008 - Catherine Austin Fitts

» SCHUMER

» Predatory Lenders' Partner in Crime - How the Bush Administration Stopped the States From Stepping In to Help Consumers

» Appeal of Ocwen Loan Servicing, LLC, and Moss, Codilis Stawiarski, Morris, Schneider & Prior

» UNITED STATES SECURITIES AND EXCHANGE COMMISSION BEING CHARGED WITH NEGLIGENCE IN MORTGAGE INDUSTRY

» Judges as Criminals - Circuit Court a Criminal Enterprise

» AG Swanson wants criminal penalties for unscrupulous lenders

» Firm ordered to end lending practices

» Losing Ground - A Report

» NIGHTMARE MORTGAGES

» FANNIE MAE FACADE

     - Consent Order


» More Mortgage Lenders Targeted!

» The OCWEN Story

» EMC Mortgage investigation

» Ameriquest to Pay $325 Million

» Limiting Abuse and Opportunism by Mortgage Servicers.

» Has Predatory Mortgage Servicing Destroyed the American Dream?

» Order Regarding Standing of MERS to Foreclose on Behalf of Others.

» Federal Judge Says Legal System Corrupt Beyond Recognition.


YOU ARE NOT ALONE!





WAMU Securitized Faulty Loans


Robo-signed mortgage docs date back to late 1990s


John Hancock Life v. JPMorgan, EMC Mortgage, Bear Stearns


It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning. Henry Ford - 1922









"What they are doing to these people is despicable, and it is absolutely wrong."

Senator Barbara Mikulski (D-Md) - 2003

"The bank had engaged in "harsh, repugnant, shocking and repulsive" treatment of the homeowner"

Justice Spinner - 2009

"Nevertheless, Fairbanks in a shocking display of corporate irresponsibility, repeatedly fabricated the amount of the Debtor's obligation to it out of thin air. There is no other explanation for the wildly divergent figures it concocted."

2002 WL 1586325 (Bankr.D.Mass.- 2002)

The arbitrator found EMC's conduct "reprehensible and outrageous and in total disregard of (the Starks') legal rights."

(Kansas City Star -2004)

Wells Fargo’s actions were not only highly reprehensible, but its subsequent reaction on their exposure has been less than satisfactory. There is a strong societal interest in preventing such future conduct through a punitive award.

Jones v. Wells Fargo 2012

Plaintiffs were severely damaged; Wells Fargo took its money and moved on, with complete disregard to the human damage left in its wake. The Court finds Defendant Wells Fargo's attitude toward Plaintiffs unfathomable. The incredible effort made by Plaintiffs to keep the property they so clearly love should have been commended, not condemned. Wells Fargo's decisions to renege on its promises and contract, and to deceive Plaintiffs with the pledge to cancel the foreclosure sale, were outrageous and reprehensible.

Holm v. Wells Fargo ($2 Million punitive award) Jan, 2015