Posts Tagged ‘MERS’

Court Rules Against the Robinson’s in Quiet Title Case  (You can’t file for quiet title and not invite MERS to the party.)

Court Rules Against the Robinson’s in Quiet Title Case  (You can’t file for quiet title and not invite MERS to the party.)

Or, let’s be honest about this… a more accurate way to describe what happened here, would be to say that the Robinsons didn’t want to notify MERS, because they wanted the default judgment that was likely to result from only... (Continue reading)

IBANEZ & BACK: Attorney Glenn Russell Back in Front of the Mass Supreme Court – A Mandelman Matters Podcast

IBANEZ & BACK: Attorney Glenn Russell Back in Front of the Mass Supreme Court - A Mandelman Matters Podcast

Well, fast forward to today and Glenn Russell is still very much on the attack on behalf of homeowners, in fact, he just finished arguing his latest case, again in front of the Massachusetts' High Court. I don't want... (Continue reading)

Glaski Attorney Richard Antognini on the Court’s Decision and What’s Next for Mr. Glaski – A Mandelman Matters Podcast

Glaski Attorney Richard Antognini on the Court's Decision and What’s Next for Mr. Glaski - A Mandelman Matters Podcast

Not only will Richard leave listeners with a level of understanding specific to the Glaski decision that would otherwise be unavailable, he’ll talk about other recent decisions in California that he says are very important to homeowners... he’ll offer guidance... (Continue reading)

GLASKI WINS! California Court of Appeal Ruling a Landmark for Homeowners… Maybe.

GLASKI WINS!  California Court of Appeal Ruling a Landmark for Homeowners... Maybe.

So, as a result of this now published decision by California’s Court of Appeal, Mr. Glaski will now be allowed to return to state court to allege that his foreclosure was wrongful based on a challenge to the validity of... (Continue reading)

Attorney Argues “Produce the Note” and Makes a Bad Situation Worse for Homeowners Facing Foreclosure

Attorney Argues

What happened here is not an example of homeowners fighting to keep their homes... it’s not an example of foreclosure defense at all. It’s only an example of how what’s happening on the homeowner’s side of this fight, can... (Continue reading)

U.S. Fifth Circuit Court of Appeals Rules Foreclosing in Texas Without the Note is Okay

U.S. Fifth Circuit Court of Appeals Rules Foreclosing in Texas Without the Note is Okay

Specifically, the Fifth Circuit held that the split-the-note theory, "is inapplicable under Texas law where the foreclosing party is a mortgage servicer and the mortgage has been properly assigned," adding that, "the party to foreclose need not possess the note... (Continue reading)

What Makes a Mortgage a “Bad Loan?” I’m Confused.

What Makes a Mortgage a “Bad Loan?”  I’m Confused.

Or do we only judge a loan to be “bad” after it defaults, and because it defaults? Assuming there are NOT predatory practices involved, is a loan “good” until it defaults and then it becomes “bad.” And is... (Continue reading)

Bankers Hit Jackpot in Nevada, Supreme Court Rules 7-0… YES ON MERS

Bankers Hit Jackpot in Nevada, Supreme Court Rules 7-0… YES ON MERS

In Edelstein’s case, MERS assigned the deed of trust to Bank of New York Mellon as trustee for Countrywide. The court ruled that once the trust had both the promissory note and the assignment, it possessed the standing to... (Continue reading)

Attorney John Long – State of Washington Foreclosure Better for Homeowners – A Mandelman Matters Podcast

Attorney John Long - State of Washington Foreclosure Better for Homeowners - A Mandelman Matters Podcast

Recently, there have been three significant developments in Washington, two from the State Supreme Court, and one having to do with the state's mediation program. And all three fell in favor of homeowners, which is a refreshing change.... (Continue reading)

Special Foreclosure Defense Boot Camp with Max Gardner – October 12-14

Special Foreclosure Defense Boot Camp with Max Gardner - October 12-14

Condensed into 3 powerful days. Less expensive. Last one for year. Coming up October 12-14.... (Continue reading)

Fannie’s “Decoy Assignment” a NEW Foreclosure Defense – A Mandelman Matters Podcast with Atty. Tom Cox

Tom has recently discovered a practice employed by the GSE's... Fannie and Freddie. It has to do with what we're calling "The Decoy Assignment," and it's a matter of policy. He's arguing it successfully in court.... (Continue reading)

MUST SEE TV: WA State Supreme Court Hears Arguments in Case Against MERS

MUST SEE TV: WA State Supreme Court Hears Arguments in Case Against MERS

The video below puts you in the courtroom to watch as both sides of the debate present oral arguments related to MERS’ involvement in the foreclosure process in front of the nine justices of the Washington State Supreme Court.... (Continue reading)

IF TRUE, IT’S TREASON – CBO Director Douglas Elmendorf and the Impact of the Foreclosure Crisis

IF TRUE, IT'S TREASON - CBO Director Douglas Elmendorf and the Impact of the Foreclosure Crisis

I suppose I’ll never know who was involved or what you’ve done to this nation by manipulating or withholding such information from Congress, from the president, from the American people and from the world. If you did any of... (Continue reading)

Insider Says Wells Fargo’s Independent Foreclosure Review for OCC is “a Sham”

Insider Says Wells Fargo’s Independent Foreclosure Review for OCC is “a Sham”

What follows is a podcast featuring the "whistle blower"... the anonymous independent file reviewer working for Promontory on the Wells Fargo Bank account that reached out to us because he was fed up. I verified his identity and spoke... (Continue reading)

Arizona’s SB 1451 – Does Arizona Have the Right to Save Itself from Drowning in Underwater Loans?

Arizona's SB 1451 - Does Arizona Have the Right to Save Itself from Drowning in Underwater Loans?

Senate Bill 1451 only uses PRIVATE MONEY. There is no government money involved, no subsidies, no guarantees, and no taxes. This Program utilizes a completely different structure than any current mortgage program. It includes a cash insurance... (Continue reading)

Can We All at Least Agree on This?

Can We All at Least Agree on This?

If that is going to be allowed to happen, we… and I mean WE, as in ALL OF US… should demand that we stop signing such things altogether. If a Linda Green look-a-like is going to sign a fraudulent... (Continue reading)

Register of Deeds, Jeff Thigpen, Is Not Playing Around – A Mandelman Matters Podcast

Register of Deeds,  Jeff Thigpen, Is Not Playing Around - A Mandelman Matters Podcast

Well, I caught up with Jeff after receiving a "friend request" from him on Facebook... I recognized the name right away and sent him a note asking him to join me for a podcast... and he said yes, of course.... (Continue reading)

Last Minute Discounts on Max Gardner’s Boot Camp!

Last Minute Discounts on Max Gardner's Boot Camp!

Max Gardner is holding one more Boot Camp this calendar year at his beautiful 160-acre farm in Western North Carolina. It's almost sold out, but there are a few seats remaining so he decided to offer them at a... (Continue reading)

I, Robosigner… A three act play about affidavit fraud in AG Masto’s Nevada

I, Robosigner… A three act play about affidavit fraud in AG Masto’s Nevada

… Faster than a NINJA loan originating at Wamu… More powerful than an unlimited warehouse line at Lehman Bros… able to see swaps and synthetics even when inside an SPE… Look, up in the sky… It’s a bird… It’s a... (Continue reading)

Disturbing News from Behind Closed Doors – Attorney Thomas Cox, A Mandelman Matters Podcast

Disturbing News from Behind Closed Doors - Attorney Thomas Cox, A Mandelman Matters Podcast

Tom's going to share some things that are very disturbing... things he's discovered are going on behind closed doors in the mortgage banking industry... thinks you probably haven't heard about before... things we all need to know. Don't even... (Continue reading)

From Bevilacqua to Fontenot, It’s Coast-to-Coast Confusion

From Bevilacqua to Fontenot, It’s Coast-to-Coast Confusion

As shocking as it may be to some, apparently if you start with MERS, mix in some robo-signing, have total disregard for the PSA, and entirely ignore each and every law along the way, well… you end up destroying the... (Continue reading)

MERS Has Trouble, Right There in Ohio, With a Capital ‘T’…

MERS Has Trouble, Right There in Ohio, With a Capital ‘T’…

“This case asks court very directly whether the MERS system complies with state law. If it doesn’t then I’m going to go back and reopen all of the foreclosures alleging that the transfers were invalid,” says Dann without hesitation. ... (Continue reading)

Upcoming Max Gardner Seminar: UCC’s Impact on Securitization and Foreclosure Defense

Upcoming Max Gardner Seminar: UCC's Impact on Securitization and Foreclosure Defense

Max Gardner, along with his faculty of expert guest speakers, will be delivering two specially designed in-depth sessions each one laser focused on the topic of the UCC’s impact on mortgage securitization - and each of the seminars is specifically... (Continue reading)

Lawyers, foreclosure fatigue and the dreaded FREE HOUSE

Lawyers, foreclosure fatigue and the dreaded FREE HOUSE

Wake up people, we’re running out of time. We need to do better and that means we need to get smarter. And since I still have faith that our laws will prevail, we’ll be needing our nation’s lawyers... (Continue reading)

No Friend to the Banksters… Attorney Nick Wooten – A Mandelman Matters Podcast

No Friend to the Banksters... Attorney Nick Wooten - A Mandelman Matters Podcast

If I have to introduce Alabama foreclosure defense attorney Nick Wooten to you, then you're not much of a foreclosure crisis news junkie, because Nick has made headlines for his lawsuits against the banksters on behalf of homeowners as much... (Continue reading)

Bank of America forecloses on un-mortgaged Florida home… that’s hardly news. Is EVERYONE missing the point here?

Bank of America forecloses on un-mortgaged Florida home… that's hardly news. Is EVERYONE missing the point here?

What the heck is going on around here? We’re now passing around a story about a stupid PR stunt by a lawyer that ended up making Bank of America look REASONABLE? Oh my God, people… listen to me... (Continue reading)

A case of major lending institutions with no respect for the law… Part of the system that destroyed the American economy

A case of major lending institutions with no respect for the law… Part of the system that destroyed the American economy

Thigpen says that a large number of national banks, including Bank of America, Wells Fargo, HSBC and others repeatedly filed documents with forged signatures illegally notarized and other false information, and not only in his Register of Deeds office, but... (Continue reading)

Wal-Mart, Bill Clinton & Now Act 885… Things I know about Arkansas?

Wal-Mart, Bill Clinton & Now Act 885… Things I know about Arkansas?

Isn’t that the 800 lb. gorilla in the room that we’re talking about here? I mean, can they provide any of those things? It certainly doesn’t seem so, unless LPS or DOCX or some foreclosure mill law firm... (Continue reading)

AZ Rep. Seel Drops Amendment Requiring Pre-Foreclosure Chain of Title, 2 Days After Servicer Grants Principal Reduction

AZ Rep. Seel Drops Amendment Requiring Pre-Foreclosure Chain of Title, 2 Days After Servicer Grants Principal Reduction

As a result of that close involvement, Darrell says he personally saw the paperwork indicating both the trustee sale was being cancelled and that the significant principal reduction was being granted as part of Seel’s loan modification. He... (Continue reading)

FEDS Announce Enforcement Actions Against 14 Servicers, LPS and MERS… Hot Towels in Washrooms Threatened Once Again

FEDS Announce Enforcement Actions Against 14 Servicers, LPS and MERS… Hot Towels in Washrooms Threatened Once Again

Still, I’m committed to covering this subject even when doing so means that I have to start drinking at 9:30 in the morning… kidding, I’m just kidding… so, here’s the news on the FEDS and their “enforcement actions,” and I... (Continue reading)

I’m So Happy that I Ignored the whole AGs-Investigate-the-Servicers Thing

I’m So Happy that I Ignored the whole AGs-Investigate-the-Servicers Thing

Well, what they’re calling the Attorneys General “Term Sheet” is out and to kick it all off, I went with an analysis of the AG’s work product written by Joshua Rosner, who is Managing Director at independent research consultancy Graham... (Continue reading)

In Re Walker, Part Deux – March 3rd, 2011, may just be a HUGE day for California Homeowners

In Re Walker, Part Deux – March 3rd, 2011, may just be a HUGE day for California Homeowners

So, Citi’s lawyers filed a new proof of claim… and Ricki Walker’s attorney, Mitchell Abdallah, filed a new objection, so Judge Sargis will once again have a chance to uphold the rule of law and change the playing field for... (Continue reading)

New Bankruptcy Court Decision Sounds the Alarm – The USS MERS is Going Down

New Bankruptcy Court Decision Sounds the Alarm – The USS MERS is Going Down

Now, clearly this is a decision that’s worth reading for one’s self… Judge Grossman is one heck of a writer and not one to play patty-cake with MERS or those of the banking persuasion, but I thought I’d at least... (Continue reading)

Foreclosure Fraud: Tough Issues With Which to Grapple

Foreclosure Fraud: Tough Issues With Which to Grapple

Just in case any children are reading this, and one never knows about such things, forgery and perjury are never found on the right path to follow when attempting to cover up, flagrant and immeasurable fraud and massive malfeasance, boys... (Continue reading)

Alright Banker-People… That’s Enough. You’re Not Making Sense and You’re Making Me Dizzy

Alright Banker-People… That’s Enough.  You’re Not Making Sense and You’re Making Me Dizzy

You don’t think so? Then tell me what you think would happen if I walked into a courtroom and handed the judge a fraudulent set of documents requesting that he ignore procedures designed to protect property rights in this... (Continue reading)

THE SiGNiNG… Or, Pardon me, Mr. Banker, but your REMIC is showing.

THE SiGNiNG... Or, Pardon me, Mr. Banker, but your REMIC is showing.

So, why didn’t the bankers assign the loans to the trusts? I don’t know… for sure. But I’m going to go out on a limb here and tell you it’s because they wanted to borrow against them, and... (Continue reading)

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AMERICA LOST: Treasury’s meetings with bloggers tells a story that I didn’t want to hear.

AMERICA LOST: Treasury’s meetings with bloggers tells a story that I didn’t want to hear.

It made me sad to know what Treasury Department officials had said about the foreclosure crisis and HAMP… very, very sad. In fact, I can’t think of another time in history when my government acted as these guys have... (Continue reading)

California Court Rules: MERS Can’t Foreclose, Citibank Can’t Collect

California Court Rules: MERS Can’t Foreclose, Citibank Can’t Collect

This decision means that if a foreclosing party in California, that is not the original lender, claims that payment is due under the note, and that they have the right to foreclose on the basis of a MERS assignment, they’re... (Continue reading)


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