Search Results for: Pro Se

Against Pro Sepro se litigants and the banksters defense

CIVIL CODE SECTION 2920-2944.10 2920. (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or … Continue reading “Mortgage relief codes and the Home Owners Bill of Rights vs a Fast and inexpensive way to protect the Banks security”

PROVING FRAUD and or MISREPRESENTATION: DECEIT OR INTENTIONAL FRAUD The tort of deceit or intentional fraud requires that each and all of the following elements be proved: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” … Continue reading “PROVING FRAUD and or MISREPRESENTATION:”

The Automatic Stay and Bankruptcy Law Section 362 of the Bankruptcy Code “The Stay” 11 U.S.C. Section 362, otherwise known as the “Automatic Stay,” is perhaps the most well known section in the Bankruptcy Code. The Stay comes into play in every bankruptcy case at the moment the bankruptcy petition is filed with the Court … Continue reading “Prosecuting Violations of the Automatic Stay”

Tort Liability for Bad Servicing and Improper Loan Modification Practices While many California attorneys are focused on enforcing borrower’s rights under the Homeowner’s Bill of Rights (HBOR) or the Real Estate Settlement Procedures Act (RESPA) loss mitigation rules, state common law claims may be overlooked.  When servicers act unreasonably in handling a loan modification review … Continue reading “Tort Liability for Bad Servicing and Improper Loan Modification Practices”

PRIMA FACIE CASE • To establish a prima facie case for violation of the FDCPA requires plaintiff to prove four elements: (1) the plaintiff is any natural person who is harmed by violations of the FDCPA, or is a “consumer” (15 U.S.C.A. § 1692a(3)) when the cause of action is for a violation of 15 … Continue reading “What must be proven in a Fair Debt Collection Practices Act Case”

July 2013 Dismissal of claims seeking to set aside HOA’s nonjudicial foreclosure sale for delinquent assessment fees was improper when owners were not notified of right of redemption under CCP §729.050. Multani v Witkin & Neal (2013) 215 CA4th 1428 After an HOA conducted a nonjudicial foreclosure sale of Owners’ unit for delinquent assessment fees, … Continue reading “Dismissal of claims seeking to set aside HOA’s nonjudicial foreclosure sale for delinquent assessment fees was improper when owners were not notified of right of redemption under CCP §729.050.”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, November 12, 2013 9:33 AM To: Charles Cox Subject: RESEARCH: This squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization US BANK ADMITS THE BORROWER IS A PARTY TO AN MBS … Continue reading “RESEARCH: This squarely disprove and nullify the holdings of various courts around the country which have taken the position that the borrower “is not a party to” the securitization”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Monday, October 28, 2013 4:45 PM To: Charles Cox Subject: 26 USC 860F – Other Rules on REMIC Prohibited Transactions (support for Glaski Opinion not Addressed) In looking up argument to support the Glaski Opinion, I found the statutes in the USC for 90 days in which a REMIC to … Continue reading “26 USC 860F – Other Rules on REMIC Prohibited Transactions (support for Glaski Opinion not Addressed)”

From: Charles Cox [mailto:charles@ldapro.com] Sent: Wednesday, October 30, 2013 5:50 AM To: Charles Cox Subject: Fourth Circuit Holds Inheritances Are Estate Property In Chapter 13 Cases Fourth Circuit Holds Inheritances Are Estate Property In Chapter 13 Cases Yesterday, the Fourth Circuit Court of Appeals issued an opinion in Carroll v Logan. This will have an … Continue reading “Fourth Circuit Holds Inheritances Are Estate Property In Chapter 13 Cases”

Originally posted on California freelance paralegal:
http://www.legaldocspro.net/blog/a-qualified-written-request-letter-under-respa/

http://consumerist.com/2013/06/17/former-staffers-bank-of-america-rewarded-us-for-lying-to-homeowners-losing-paperwork-denying-modifications/

Banks Violate National Mortgage Settlement and CA Homeowners Bill of Rights Protections, New Survey of Housing Counselors Reveals Published April 03, 2013 08:00 Chasm-Bw-Words-and-Deeds-IX-Final-Report.pdf

From: Charles Cox [mailto:charles@bayliving.com] Sent: Sunday, January 20, 2013 5:58 AM To: Charles Cox Subject: California – Oral promises can be used in fraud case – Parol Evidence Rule Issues Oral promises can be used in fraud case STATE SUPREME COURT Ruling favors couple facing foreclosure who maintain terms of loan differed from what they … Continue reading “California – Oral promises can be used in fraud case – Parol Evidence Rule Issues”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, December 04, 2012 7:20 AM To: Charles Cox Subject: Foreclosure Defense Argument that Promissory Notes are not "negotiable instruments" Here is Matt Weidner’s video of his oral argument on this issue. And attached is the brief He states we need one trial judge to be honest with the facts. … Continue reading “Foreclosure Defense Argument that Promissory Notes are not “negotiable instruments””

From: Charles Cox [mailto:charles@bayliving.com] Sent: Wednesday, November 21, 2012 5:57 AM To: Charles Cox Subject: National Mortgage Database – Promoting the MERS Infection and Model – The Evisceration of State’s Rights Continues U.S. Federal Housing Finance Agency and Consumer Financial Protection Bureau announce plans for a new national mortgage database · Dechert LLP · Patrick … Continue reading “National Mortgage Database – Promoting the MERS Infection and Model – The Evisceration of State’s Rights Continues”

Skills & Expertise David: Do you have skills and expertise that people are looking for? Every area of expertise you add to your profile makes you easier to find. Start adding skills and expertise. Legal Writing 803,689 people Add More skills and expertise you can add: Legal Research Add Commercial Litigation Add Civil Litigation Add … Continue reading “Add skills and expertise like “Legal Writing” to make your profile easier to find”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, August 21, 2012 5:28 AM To: Charles Cox Subject: JAVAHERI v. JPMorgan Chase Bank, NA, Dist. Court, CD California 2012 …. Javaheri("Wellworth Property") goes down … JPMorgan’s Motion for Summary Judgment GRANTED and it gets WORSE from there … Prepare to be incensed! C <excerpts> The Court agrees with … Continue reading “JAVAHERI v. JPMorgan Chase Bank, NA, Dist. Court, CD California 2012 …. Javaheri(“Wellworth Property”) goes down … JPMorgan’s Motion for Summary Judgment GRANTED and it gets WORSE from there …”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, August 14, 2012 9:42 AM To: Charles Cox Subject: MSJ Judicial Foreclosure CCP 725(a) does not prohibit servicer from foreclosure if assigned In a homeowner’s suit against a loan servicer for claims arising out of a nonjudicial foreclosure attempts, trial court’s grant of loan servicer’s motion for summary judgment … Continue reading “MSJ Judicial Foreclosure CCP 725(a) does not prohibit servicer from foreclosure if assigned”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Thursday, August 02, 2012 11:40 AM To: Charles Cox Subject: Re: Naranjo sent out earlier: CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices by Neil Garfield Editor’s Note: In an extremely well-written and well reasoned decision … Continue reading “Naranjo sent out earlier: CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, July 31, 2012 6:22 AM To: Charles Cox Subject: Non-Judicial stuff- Are the sale trustees now selling just the LIEN, and not the PROPERTY?? Sent from Daniel…interesting new wording showing up in NOTSs…. Charles Charles Wayne Cox Email: mailto:Charles Websites: http://www.NHCwest.com; http://www.BayLiving.com; and http://www.ForensicLoanAnalyst.com 1969 Camellia Ave. Medford, OR … Continue reading “Non-Judicial stuff- Are the sale trustees now selling just the LIEN, and not the PROPERTY??”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Thursday, August 02, 2012 11:40 AM To: Charles Cox Subject: Re: Naranjo sent out earlier: CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices by Neil Garfield Editor’s Note: In an extremely well-written and well reasoned decision … Continue reading “Naranjo sent out earlier: CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Monday, June 04, 2012 8:39 AM To: Charles Cox Subject: U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process http://www.treasury.gov/about/organizational-structure/ig/Recent%20Audit%20Reports%20and%20Testimonies/OIG12054.pdf Link to the report for judicial notice. http://www.bloomberg.com/news/2012-06-01/u-s-audit-cites-occ-lapses-in-oversight-of-foreclosure-process.html for Bloomberg Report U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process By Carter Dougherty – Jun 1, 2012 10:50 … Continue reading “U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Monday, June 11, 2012 6:58 AM To: Charles Cox Subject: Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds · Ballard Spahr LLP · Alan S. Kaplinsky · USA · June 4 2012 A lender’s oral promise to postpone … Continue reading “Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Monday, June 11, 2012 6:58 AM To: Charles Cox Subject: Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds · Ballard Spahr LLP · Alan S. Kaplinsky · USA · June 4 2012 A lender’s oral promise to postpone … Continue reading “Lender’s oral promise to postpone foreclosure unenforceable, Eighth Circuit holds”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Monday, June 04, 2012 8:39 AM To: Charles Cox Subject: U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process http://www.treasury.gov/about/organizational-structure/ig/Recent%20Audit%20Reports%20and%20Testimonies/OIG12054.pdf Link to the report for judicial notice. http://www.bloomberg.com/news/2012-06-01/u-s-audit-cites-occ-lapses-in-oversight-of-foreclosure-process.html for Bloomberg Report U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process By Carter Dougherty – Jun 1, 2012 10:50 … Continue reading “U.S. Audit Cites OCC Lapses In Oversight Of Foreclosure Process”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Sunday, March 04, 2012 6:03 AM To: Charles Cox Subject: When Are Countrywide Notes Endorsed? A Filing in A Federal Case Shows the Problems With Negotiability. When Are Countrywide Notes Endorsed? A Filing in A Federal Case Shows the Problems With Negotiability. March 3rd, 2012 | Author: Matthew D. Weidner, … Continue reading “When Are Countrywide Notes Endorsed? A Filing in A Federal Case Shows the Problems With Negotiability.”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Friday, March 02, 2012 4:35 PM To: Charles Cox Subject: Bank of America is a "raging hurricane of theft and fraud" – And The Countrywide Double Stamp Shows the Problem with Robo Endorsements http://fthebanks.org/matt-taibbi-on-bank-of-america/ Bank of America is a “raging hurricane of theft and fraud” (yeah, so what else is … Continue reading “Bank of America is a “raging hurricane of theft and fraud” – And The Countrywide Double Stamp Shows the Problem with Robo Endorsements”

Wests-bankrupcty-reporter In reading bankruptcy court opinions concerning violations of the automatic stay, and from my practice in prosecuting these violations, it would appear the greatest misunderstanding of 11 U.S.C. § 362(k) (and the pre-BAPCPA provision of § 362(h)), is the distinction between damages and injury. As I have often said, “damages” do not constitute a … Continue reading “The Debtor Does Not Have To Prove Up Injury Seperate And Apart From A Willful Violation Of The Stay”

From: Charles Cox [mailto:charles@bayliving.com] Sent: Tuesday, November 08, 2011 7:00 AM To: Charles Cox Subject: Foreclosure Starts Rise as Servicers Process Backlog of Delinquent Loans – Decline in Home Prices – 11 More Commercial Banks Pushed to Insolvency Foreclosure Starts Rise as Servicers Process Backlog of Delinquent Loans By: Krista Franks 11/07/2011 Foreclosure starts among … Continue reading “Foreclosure Starts Rise as Servicers Process Backlog of Delinquent Loans – Decline in Home Prices – 11 More Commercial Banks Pushed to Insolvency”

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S NOTE: It is comforting to know that at least some people are paying attention. From one of the largest servicers in the country comes an admission that securitization of mortgage loans was an illusion. The facts alleged by AHMSI  in its lawsuit … Continue reading “Bombshell Admission of Failed Securitization Process in American Home Mortgage Servicing/LPS Lawsuit (via Livinglies's Weblog)”

Arizona SB1259 on Foreclosures; Proof of Ownership Passes Senate 28 Ayes 2 Nays Today, February 23, 2011, 4 hours ago | Foreclosure Fraud Remember SB1259? Goodnight Banks: Arizona Well what do we have here? A. FOR ANY BENEFICIARY WHO IS NOT THE ORIGINATING BENEFICIARY ON THE DEED OF TRUST, THE BENEFICIARY SHALL RECORD A SUMMARY DOCUMENT … Continue reading “Arizona SB1259 on Foreclosures; Proof of Ownership Passes Senate 28 Ayes 2 Nays (via Foreclosureblues)”

THE HOUSE OF FRAUD STARTS TO FALL: MERS’ PRESIDENT QUITS, JUDGES ORDERING PRODUCTION OF MERS AND TRUST DISCOVERY IN SECURITIZATION CASES Today, January 27, 2011, 54 minutes ago | Jeff Barnes January 27, 2011 The tide is finally, after years of struggle, starting to turn, at least in some jurisdictions. As most of you know … Continue reading “THE HOUSE OF FRAUD STARTS TO FALL: MERS’ PRESIDENT QUITS, JUDGES ORDERING PRODUCTION OF MERS AND TRUST DISCOVERY IN SECURITIZATION CASES (via Foreclosureblues)”

Fraud Ruling Against Wells Fargo in Minnesota Points to Widespread Abuses in Securities Lending Program Yesterday, December 23, 2010, 11:44:55 PM | Yves Smith A fraud and breach of fiduciary duty ruling against Wells Fargo in a major scandal in Minnesota may have much broader ramifications for this sanctimonious bank. The facts are not pretty. … Continue reading “Fraud Ruling Against Wells Fargo in Minnesota Points to Widespread Abuses in Securities Lending Program (via Foreclosureblues)”

State Pension Problems Are Billions Worse Than Advertised Today, December 24, 2010, 7 hours ago | Mike "Mish" Shedlock The Wall Street Journal reports New Jersey Pension Gap Hits $54 Billion. New Jersey’s pension gap grew to $53.9 billion in the last fiscal year, up from $45.8 billion, thanks to market losses and a lack … Continue reading “State Pension Problems Are Billions Worse Than Advertised (via Foreclosureblues)”

THE FORECLOSURE PROCESS AND THE TRUSTEE’S DUTIES A. Context of Duties Despite the name, a “trustee” under a deed of trust has not been held to the high fiduciary duties imposed on a trustee under an express trust. The trustee has obligations to the trustor, and those obligations emerge in two contexts — the foreclosure … Continue reading “the foreclosure process law an otherwise unconstitional private sale”

Declarationrevised3-30-10FINAL Niel Garfield UNITED STATES BANKRUPTCY COURT DISTRICT OF ARIZONA, TUCSON DIVISION In re: LUCY SANTA CRUZ LUCY SANTA CRUZ, Plaintiff vs. U.S. BANK N.A., AS TRUSTEE FOR THE HOLDERS OF MASTR ADJUSTABLE MORTGAGES TRUST 2007-HF2 IN A SECURITIZATION TRANSACTION PURSUANT TO POOLING AND SERVICING AGREEMENT DATED AS OF JULY 1, 2007; WELLS FARGO BANK, … Continue reading “Its complicated but read Niel Garfield’s declaration and see why and what the problem truly is”

open pdf and see how they do it Hall, Krysltal.Security Connection.FirstFranklintoBOA

In an era where a very large portion of mortgage obligations have been securitized, by assignment to a trust indenture trustee, with the resulting pool of assets being then sold as mortgage backed securities, foreclosure becomes an interesting exercise, particularly where judicial process is involved. We are all familiar with the securitization process. The steps, … Continue reading “WHERE’S THE NOTE, WHO’S THE HOLDER: ENFORCEMENT OF PROMISSORY NOTE SECURED BY REAL ESTATE”

https://www.youtube.com/embed/LG–nO8jhBk Millions of Americans took advantage of the payment suspension and mortgage forbearance programs both lenders and the federal government rolled out due to the Covid-19 pandemic last year. But as these emergency programs start to wind down this year, the Consumer Financial Protection Bureau wants to put safeguards in place to ensure millions of … Continue reading “2.5 million homeowners are still enrolled in some type of forbearance program”