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The biggest unpunished heist in human history - Max Keiser

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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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03/31/20

Stop Blaming the Judge Living Lies

Stop Blaming the Judge
The more you blame the judges, the further you get from the goal. Judges are like umpires in a baseball game. If you don’t throw the ball there is no need to call a ball or a strike or foul. Blaming judges for not throwing the ball, catching it, and calling whether it is right or wrong disempowers the homeowner. The Judge is not there to throw, catch or hit balls.

03/31/20

Elizabeth Warren and Others Warn That Pandemic is Exposing Underbelly of Corrupt Financial System Living Lies

Elizabeth Warren and Others Warn That Pandemic is Exposing Underbelly of Corrupt Financial System
Only people who have studied securitization understand the fact that securitization as practiced creates an existential threat to our society, our laws and the individual hopes and dreams of anyone who is not in on the game.

03/30/20

Fannie and Freddie Farce: How the Securities Brokerage Firms Are Using the Names of the GSE’s as Cover for False Claims Living Lies

Fannie and Freddie Farce: How the Securities Brokerage Firms Are Using the Names of the GSE’s as Cover for False Claims
There are lots of false assumptions about The Government Sponsored Entities. First, just because they are called “Government sponsored” doesn’t mean that the Federal Government is actually backing all of their activities.

03/30/20

BEFORE WE START GIVING BAILOUT MONEY TO THE BANKS AGAIN, HOW ABOUT WE TAKE THIS AS OUR SECOND CHANCE TO SET THINGS RIGHT? Living Lies

BEFORE WE START GIVING BAILOUT MONEY TO THE BANKS AGAIN, HOW ABOUT WE TAKE THIS AS OUR SECOND CHANCE TO SET THINGS RIGHT?
Look up anything I am saying here. There is universal agreement that we got the “bailout” wrong in 2008, at least in part. It ended up rewarding the securities brokerage companies for bad behavior with money and prestige because we allowed them to “convert” (like religion) to commercial banks.

03/30/20

NY’s 90-day Mortgage Waiver Has Big Limitations City Limits

NY’s 90-day Mortgage Waiver Has Big Limitations
Amid the coronavirus crisis, Governor Andrew Cuomo signed an executive order to compel state-regulated financial institutions to waive mortgage payments for 90 days but the executive order does not apply to all mortgage loans.

03/30/20

DannLaw Update Number 6 on Corona Virus: Observations and Clarifications re the CARES Act Dann Law

DannLaw Update Number 6 on Corona Virus: Observations and Clarifications re the CARES Act
Now that we’ve had additional time to review the CARES Act, we would like to share some clarifications and observations along with advice about how to deal with bills and other financial obligations that may be coming due on April 1.

03/29/20

DannLaw Update on Covid-19 CARES Act passed by Congress and signed by the President Dann Law

DannLaw Update on Covid-19 CARES Act passed by Congress and signed by the President
I’ve been involved in politics and government for over 40 years and I can say definitively that I have not seen legislation that offers as much direct and immediate relief to distressed consumers, borrowers, small business owners and tenants as the Covid-19 stimulus package, known as the CARES Act that Congress passed on Friday, March 27. You can read an analysis of the bill here. You can read the legislation in its entirety here. While I’m generally pleased with the CARES Act, I do have two concerns:

03/28/20

The Federal Reserve Now Owns 15 Percent of the U.S. Treasury Market; At Its Current Rate, It Could Own the Whole Market in Less than Two Years Wall Street On Parade

The Federal Reserve Now Owns 15 Percent of the U.S. Treasury Market; At Its Current Rate, It Could Own the Whole Market in Less than Two Years
According to the U.S. Treasury, as of February 29, 2020, there was $16.9 trillion in marketable U.S. Treasury securities outstanding. Of that amount, at the end of February, the Federal Reserve held $2.47 trillion or 14.6 percent – making it, by far, the largest single holder of U.S. Treasuries anywhere in the world.

03/27/20

The next financial crisis: A collapse of the mortgage system Politico

The next financial crisis: A collapse of the mortgage system
The mortgage finance system could collapse if the Fed doesn’t step in with emergency loans to offset a coming wave of missed payments from borrowers crippled by the coronavirus pandemic.

03/27/20

RULES OF COURT: Judges Are Not Overlooking Anything Living Lies

RULES OF COURT: Judges Are Not Overlooking Anything
Sure there are some judges that don’t care what evidence is before them and make decisions based upon their own political bias. But nearly all judges are NOT doing that when it relates to foreclosure. They are just following the rules.

03/26/20

What is Financial Injury or Economic Damage? Living Lies

What is Financial Injury or Economic Damage?
homeowners who win foreclosures are not getting a free house. they are settling for less than the amount due to them.

03/26/20

CFPB Provides Flexibility During COVID-19 Pandemic CFPB

CFPB Provides Flexibility During COVID-19 Pandemic
The Consumer Financial Protection Bureau (Bureau) today announced that it is providing needed flexibility to enable financial companies to work with customers in need as they respond to the COVID-19 pandemic.

03/26/20

Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts Wall Street On Parade

Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts
The U.S. Senate voted 96-0 late yesterday on a massive bailout of Wall Street banks versus a short-term survival plan for American workers thrown out of their jobs – and potentially their homes.

03/26/20

Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts Wall Street On Parade

Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts
The U.S. Senate voted 96-0 late yesterday on a massive bailout of Wall Street banks versus a short-term survival plan for American workers thrown out of their jobs – and potentially their homes.

03/25/20

White House, Senate Agree To $2 Trillion Coronavirus Rescue Package NPR

White House, Senate Agree To $2 Trillion Coronavirus Rescue Package
The Trump administration and Senate Majority Leader Mitch McConnell announced early Wednesday that the White House and Senate had reached a deal for an unprecedented $2 trillion spending package aimed at propping up individuals, businesses and the nation's health care system amid the onslaught of the coronavirus pandemic.

03/25/20

Fla 4th DCA Gets It Right on Article 3 UCC Living Lies

Fla 4th DCA Gets It Right on Article 3 UCC
Finally! A court takes its time and analyzes the chain and discovers what? Insufficient proof of standing and ERROR on the part of the trial judge in preventing even a third party purchaser from introducing evidence that the endorsement of the note was a legal nullity.

03/24/20

Repeating the Mistakes of the 2008 Bailout The American Prospect

Repeating the Mistakes of the 2008 Bailout
We needed to rescue the financial system in 2008, and we need to support sectors like airlines and aerospace now—but TARP is the wrong model.

03/24/20

The New Tidal Wave of Foreclosures Living Lies

The New Tidal Wave of Foreclosures
Foreclosures should happen because someone was financially injured by nonpayment — not because someone wants more profit.

03/23/20

For First Time in History, Fed to Make Billions in Loans to Big and Small Businesses Wall Street On Parade

For First Time in History, Fed to Make Billions in Loans to Big and Small Businesses
Without one vote by an elected official, the Federal Reserve just became a brand new national legislative body. It will, without any oversight in Congress, decide what corporations and businesses to save and which to let fail.

03/23/20

How to Avoid Foreclosure During the Coronavirus Pandemic Asbarez

How to Avoid Foreclosure During the Coronavirus Pandemic
Due to the global Novel Coronavirus (COVID-19) outbreak, homeowners are now faced with unforeseen difficulties due to the unexpected economic turndown. Many are at risk of defaulting on their mortgage payments, or worse, foreclosure. However, relief is on the way.

03/23/20

Bankers Pledge Mortgage Help, but Want Billions NY Times

Bankers Pledge Mortgage Help, but Want Billions
Millions of borrowers may be unable to make payments on home loans next week. The mortgage industry says it’s willing to help, but needs the government to back it up.

03/23/20

The Fed Goes All In With Unlimited Bond-Buying Plan NY Times

The Fed Goes All In With Unlimited Bond-Buying Plan
The Federal Reserve will buy bonds as needed to calm markets, and will buy corporate debt in a series of emergency lending programs.

03/23/20

Potential wave of mortgage delinquencies could bankrupt the payment system CNBC

Potential wave of mortgage delinquencies could bankrupt the payment system
Last week the regulator for mortgage giants Fannie Mae and Freddie Mac announced a forbearance program for borrowers unable to pay their loans because of the effects of the coronavirus.

03/23/20

The Reason Why the PSA Becomes Part of the Loan Contract and Therefore the Borrower Has Standing to at Least Make Inquiries About the PSA Terms, Exhibits and Actual Workings of the Parties to It Living Lies

The Reason Why the PSA Becomes Part of the Loan Contract and Therefore the Borrower Has Standing to at Least Make Inquiries About the PSA Terms, Exhibits and Actual Workings of the Parties to It
The bottom line is that every decision regarding payoff, collection, forbearance and foreclosure must satisfy the conditions of the alleged REMIC securitization.

03/22/20

Banks Should Defer Household Debt to Protect the Economy Politico

Banks Should Defer Household Debt to Protect the Economy
Direct cash payments to American households will be a significant portion of the U.S. government’s response to the coronavirus crisis. The logic is clear:

03/20/20

COVID-19 Update, March 20, 2020 Dann Law

COVID-19 Update, March 20, 2020
Information regarding Foreclosure Stays or Prohibitions What is True: Today the Federal Government announced that no foreclosures will proceed in the next 60 days on loans that are insured by the Federal Housing Administration (FHA) or that are owned by Freddie Mac or Fannie Mae. While that covers a lot of loans most people don’t know the name of the owner or insurer of their loan, they only know the name of the company that collects the payments or servicer of their loan.

03/20/20

Federal Reserve to lend additional $1 trillion a day to large banks PBS

Federal Reserve to lend additional $1 trillion a day to large banks
WASHINGTON (AP) — The Federal Reserve moved with unprecedented force and speed Friday to pump huge amounts of cash into the financial system to ease disruptions that have escalated since the viral outbreak.

03/20/20

Actual Fiction and Legal Fiction: Why the Big Settlements Are Not Reducing Borrower Debt Living Lies

Actual Fiction and Legal Fiction: Why the Big Settlements Are Not Reducing Borrower Debt
It’s complicated. Giving the investors money was a pay down of the obligation owed by the investment Banks, not the Borrowers. It didn’t change anything in the trust. But that begs the real question. The trust never owned anything to begin with. The trust does not exist as a legal person under any law of any jurisdiction simply because there is absolutely nothing in it.

03/19/20

U.S. Orders Up To A Yearlong Break On Mortgage Payments NPR

U.S. Orders Up To A Yearlong Break On Mortgage Payments
Homeowners who have lost income or their jobs because of the coronavirus outbreak are getting some relief. Depending on their situation, they should be eligible to have their mortgage payments reduced or suspended for up to 12 months.

03/19/20

What Aggressive Discovery Looks Like and What Eventually Happens to Stonewalling Servicers and Banks Living Lies

What Aggressive Discovery Looks Like and What Eventually Happens to Stonewalling Servicers and Banks
If you persist you will most likely get an order compelling answers to interrogatories, production of documents and an award for attorney fees.

03/18/20

Fed Announces Program for Wall Street Banks to Pledge Plunging Stocks to Get Trillions in Loans at ¼ Percent Interest Wall Street On Parade

Fed Announces Program for Wall Street Banks to Pledge Plunging Stocks to Get Trillions in Loans at ¼ Percent Interest
The Federal Reserve Board of Governors announced at 6 P.M. last evening that it is following the direction of Steve Mnuchin, the former foreclosure king who now serves as U.S. Treasury Secretary, and authorizing the reinstatement of a hideously operated, multi-trillion dollar bailout program for Wall Street’s

03/18/20

National Foreclosure and Eviction News: Updates from MAAPL MAAPL

National Foreclosure and Eviction News: Updates from MAAPL
Foreclosures and Evictions have NOT stopped nationally… but there’s good news for those with FHA mortgages! (and maybe Fannie Mae and Freddie Mac… )

03/18/20

Motion to Vacate Judgment: Jurisdiction Is About Authority — Not Whether the Judge Was Wrong or Biased Living Lies

Motion to Vacate Judgment: Jurisdiction Is About Authority — Not Whether the Judge Was Wrong or Biased
Judges are required to consider anything in front of them, decide on its admissibility, and then give it the weight that the judge thinks it deserves. Pro se litigants have no way of knowing much about arguments concerning jurisdiction.

03/17/20

Virtual Depositions in Post Corona World Living Lies

Virtual Depositions in Post Corona World
Just a friendly reminder that it is now easier than ever to conduct virtual depositions from the comfort of your home work-space.

03/17/20

Who Can Foreclose? Living Lies

Who Can Foreclose?
The plain truth of SAP — Securitization in Practice — is that nobody who paid value received ownership of the debt and nobody who received an instrument of ownership of the mortgage paid value.

03/16/20

Fed Sets Off Panic with Plan to Eliminate Reserves at Wall Street’s Mega Banks Wall Street On Parade

Fed Sets Off Panic with Plan to Eliminate Reserves at Wall Street’s Mega Banks
Last evening, it became painfully clear that the Board of Governors at the Federal Reserve do not understand the inner workings of Wall Street. After prattling on

03/15/20

Federal Reserve cuts rates to zero and launches massive $700 billion quantitative easing program CNBC

Federal Reserve cuts rates to zero and launches massive $700 billion quantitative easing program
The Federal Reserve, saying “the coronavirus outbreak has harmed communities and disrupted economic activity in many countries, including the United States,” cut interest rates to essentially zero on Sunday and launched a massive

03/14/20

The Fed Has Pumped $9 Trillion into Wall Street Over the Past Six Months, But Mnuchin Says “This Isn’t Like the Financial Crisis” Wall Street On Parade

The Fed Has Pumped $9 Trillion into Wall Street Over the Past Six Months, But Mnuchin Says “This Isn’t Like the Financial Crisis”
On February 12, 2020, the Dow Jones Industrial Average closed at 29,551.42. Yesterday, March 13, the Dow closed at 23,185.62 -– a loss of 6,365.80 points in one month’s time, or 21.54 percent. In 2008,

03/13/20

The Fed Has 233 Secret Documents about JPMorgan’s Potential Role in the Repo Loan Crisis Wall Street On Parade

The Fed Has 233 Secret Documents about JPMorgan’s Potential Role in the Repo Loan Crisis
The Federal Reserve Board of Governors has acknowledged to Wall Street On Parade that it has 233 documents that might shed some light on why JPMorgan Chase was allowed by the Fed to draw down $158 billion of the reserves it held at the Fed last year,

03/12/20

Attachment Issues: Staple the Allonge to the Note or Else! JDSupra

Attachment Issues: Staple the Allonge to the Note or Else!
In attempting to fend off lenders’ mortgage foreclosure actions, borrowers will often assert defenses challenging the lenders’ right to foreclose. Two recent Connecticut Superior Court decisions provide cautionary tales on the basic tasks that must be performed when loans are assigned to ensure that the assignee will be able to foreclose. In these cases, the foreclosing plaintiffs were tripped up by something as simple as a staple attaching the allonge to the underlying note.

03/12/20

Another Court Refuses Lost Note Status to a Successor Lender JDSupra

Another Court Refuses Lost Note Status to a Successor Lender
Last year, we reported on a Massachusetts Land Court decision, which interpreted Uniform Commercial Code section 3-309 to conclude that a mortgagee cannot foreclose in reliance upon a lost note affidavit, because the 1990 version of UCC 3-309 requires the party seeking to enforce the note demonstrate possession prior to its loss. 32 states remain under the 1990 version,

03/12/20

Fed to pump in more than $1 trillion in dramatic ramping up of market intervention amid coronavirus meltdown CNBC

Fed to pump in more than $1 trillion in dramatic ramping up of market intervention amid coronavirus meltdown
The Federal Reserve stepped into financial markets Thursday for the second day in a row and the third time this week, this time dramatically ramping up asset purchases amid the turmoil created by the coronavirus.

03/12/20

Statement Regarding Treasury Reserve Management Purchases and Repurchase Operations New York Fed

Statement Regarding Treasury Reserve Management Purchases and Repurchase Operations
The Open Market Trading Desk (the Desk) at the Federal Reserve Bank of New York has released a new monthly schedule of Treasury securities operations and has updated the current monthly schedule of repurchase agreement (repo) operations.

03/12/20

How to Enforce Discovery Living Lies

How to Enforce Discovery
In a recent case decided in the State of Washington, the Judge correctly stated the elements of good discovery requests, the reasons for overruling objections to discovery and the reasons for sustaining objections to discovery:

03/11/20

There is no bank Living Lies

There is no bank
Foreclosures are based on illusion. If the debt is subject to claims of securitization there is no bank — by definition. That’s not an opinion. It is a fact. As soon as you allow use of that word “Bank” you are adding to the illusion that you owe money to a bank. You don’t. Refer instead to “the claimant” or, if you must, to “the trust”.

03/10/20

Banking on Bullshit The Nation

Banking on Bullshit
Anastasia Nesvetailova and Ronen Palan’s recent book argues that the financial system is built on a system that incentivizes sabotage and cheating.

03/10/20

You signed the contract, didn’t you? Living Lies

You signed the contract, didn’t you?
Shame and ignorance prevents a homeowner and frequently their lawyer from responding intelligently to that question often posed by the Judge in foreclosure cases. The judge’s question is perfectly reasonable. If you are saying you didn’t sign anything then the entire case is different than the usual case. He or she wants to know.

03/10/20

Deutsche Bank National Trust Company Legally Exists as a Company, But Not as Trustee for Borrower Loans Living Lies

Deutsche Bank National Trust Company Legally Exists as a Company, But Not as Trustee for Borrower Loans
Several readers have sent me information regarding DBNTC and pointed out that I had misstated the status of DBNTC in past articles. I think they were at least partially right. Thanks to all the readers who sent in comments and information.

03/09/20

TILA Rescission Is Law of the Land: It Might Also Be Dead Living Lies

TILA Rescission Is Law of the Land: It Might Also Be Dead
The recent denial of certiorari by SCOTUS of a clear case that was a virtual mirror of the case presented in 2015 in Countrywide v Jesinoski, shows that the courts are going to deny rescission rights under 15 USC §1635.

03/09/20

SIT — SAW — SAP: 2 Minute Primer on Securitization Living Lies

SIT — SAW — SAP: 2 Minute Primer on Securitization
Almost everyone thinks they have a basic understanding of the securitization of residential debt. They don’t. Here is a basic primer to organize your thinking on the subject. Remember this only applies to securitization of residential debt and not to other things like stock IPOs etc.

03/09/20

Fifth Third Bank Opened Fraudulent Accounts, Consumer Bureau Says NY Times

Fifth Third Bank Opened Fraudulent Accounts, Consumer Bureau Says
For more than eight years the bank ignored signs that employees were opening unauthorized accounts to meet aggressive sales goals, a federal regulator said in a lawsuit.

03/09/20

Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence The Indiana Lawyer

Foreclosure ruling for homeowner reversed after ‘near-blanket exclusion’ of evidence
A Lake Superior judge who threw out a bank’s mortgage foreclosure lawsuit against a homeowner and entered judgment in her favor was reversed by the Indiana Court of Appeals, which found the court abused its discretion in ordering a “near-blanket exclusion” of the bank’s evidence.

03/06/20

Two Charts Explain Why Wall Street Banks Are Under So Much Selling Pressure Wall Street On Parade

Two Charts Explain Why Wall Street Banks Are Under So Much Selling Pressure
Yesterday, the Dow Jones Industrial Average of 30 large cap companies closed with a loss of 969.5 points or 3.58 percent. That was bad enough but the losses among the biggest Wall Street banks outpaced the Dow losses by a significant margin. Typically,

03/05/20

Our courts also have a big corruption problem Washington Post

Our courts also have a big corruption problem
When you bring up corruption in government, most people think of Congress and the executive branch — lobbyists getting favors from senators, agencies captured by the industries they regulate, that sort of thing. Almost no one thinks of judges.

03/05/20

New Foreclosure Defense in Massachusetts Nolo

New Foreclosure Defense in Massachusetts
In a recent case, a court declared a Massachusetts foreclosure invalid because the lender sent a potentially deceptive breach letter.

03/05/20

With the CFPB’s future uncertain, New York and other states want to step in Marketplace

With the CFPB’s future uncertain, New York and other states want to step in
This week, the Supreme Court heard arguments in a case involving the Consumer Financial Protection Bureau. The case is about the president’s ability to fire the head of the bureau, with or without cause. Backers of the consumer protection agency fear the decision could virtually unwind the agency altogether.

03/05/20

Foreclosure Scams Work Both Ways Living Lies

Foreclosure Scams Work Both Ways
It’s true that most foreclosures are scams designed to obtain revenue instead of paying off a debt. But it is also true that there are many who pray upon the desperation of distressed homeowners who frankly are so emotionally overwrought that they are not thinking straight.

03/05/20

Read Paatalo’s Post If you Are Having Trouble Believing What I am Telling You Living Lies

Read Paatalo’s Post If you Are Having Trouble Believing What I am Telling You
Everyone has trouble believing what happened under the “securitization” scheme concocted on Wall Street. Bottom Line: It was “extralegal” which is why it is “counterintuitive.” It is not legally possible to own a debt without paying value for it.

03/05/20

Mortgage rates fall to an all-time low Housing Wire

Mortgage rates fall to an all-time low
The average U.S. rate for a 30-year fixed mortgage fell to 3.29% this week, the lowest ever recorded by Freddie Mac in a series that goes back to 1971.

03/04/20

Fed’s $100 Billion Repo Intervention Falls Short Of Bank Demand Wall Streeet Journal

Fed’s $100 Billion Repo Intervention Falls Short Of Bank Demand
Big banks’ demand for central bank cash remained very strong on Wednesday, leading the Federal Reserve Bank to add a fresh $100 billion to the financial system.

03/04/20

Grants aid NeighborImpact post-home purchase counseling, foreclosure prevention KTVZ

Grants aid NeighborImpact post-home purchase counseling, foreclosure prevention
BEND, Ore. (KTVZ) -- Nearly half of Central Oregonians are housing cost-burdened: they spend more than 30% of their income on housing expenses.

03/04/20

The Number of resales of the Same Residential Loan is Infinite: Will the Real Holder in Due Course Please Stand Up? Living Lies

The Number of resales of the Same Residential Loan is Infinite: Will the Real Holder in Due Course Please Stand Up?
Distressed mortgage securitizations are special purpose vehicles that issue securities primarily to institutional investors; invest the proceeds mainly in distressed mortgage loans; and apply the

03/04/20

Realtor In Santa Clarita Cautions Homeowners: ‘Don’t Believe Everything The Bank Tells You’ KHTS

Realtor In Santa Clarita Cautions Homeowners: ‘Don’t Believe Everything The Bank Tells You’
A realtor in Santa Clarita is cautioning homeowners who may be having trouble with their mortgage not to believe everything their bank tells them about what can be done to solve the issue.

03/04/20

A $60 Billion Housing Grab by Wall Street NY Times

A $60 Billion Housing Grab by Wall Street
Chad Ellingwood wasn’t really in the market for a home in the summer of 2006. But when his best friend came

03/03/20

Here's what the Consumer Financial Protection Bureau has done CNN

Here's what the Consumer Financial Protection Bureau has done
The future of the Consumer Financial Protection Bureau, perhaps best known for forcing big banks like Wells Fargo to return money to customers they cheated, will be tested Tuesday when the Supreme Court hears a case on the constitutionality of the agency's structure.

03/03/20

Federal Reserve makes emergency rate cut amid coronavirus fears Housing Wire

Federal Reserve makes emergency rate cut amid coronavirus fears
The Federal Reserve unexpectedly cut its benchmark rate by half a percentage point in an effort to bolster the economy and calm coronavirus fears.

03/03/20

Remember the Interlocutory Appeal Living Lies

Remember the Interlocutory Appeal
Interlocutory appeals are appeals during the litigation. They are successful if the points in dispute are clearly presented and the case is made that the ruling is likely to shorten the litigation time or prevent

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