Posts Tagged ‘assignment’
Bankruptcy Court Denies Lender’s Right To Foreclose- Questionable Assignment
Author: Matthew D. Weidner, Esq.
The problem with all the “evidence” being created by pretender lender and foreclosure mills is it often lacks the evidentiary basis to establish the claims the documents purport to support. In a hot of the presses, just released opinion from the Federal Bankruptcy Court in the Middle District of Florida, Judge ARTHUR B. BRISKMAN denied the relief sought by a lender because he questioned the veracity of the “evidence” provided by the alleged lender.
If the same analysis used by judge Briskman were applied in circuit courts across the state, the pretender lenders would be in a real mess….it’s clear when you examine the “evidence” submitted by plaintiffs and read the deposition transcripts of robo signers that the practices employed by the lenders simply cannot withstand proper judicial scrutiny. The full opinion can be found here, excepts of good case law as follows:
It appears the Allonge and the Assignment were created post-petition for the purpose of the relief from stay proceeding. Movant did not establish Jennifer Henninger and Jack Jacob had authority to execute the Allonge and Assignment.
Movant’s submissions are insufficient to establish it is the owner and holder of the Note and Mortgage or is authorized to act for whoever holds these documents. In re Relka, No. 09-20806, 2009 WL 5149262, at *5 (Bankr. D. Wyo. Dec. 22, 2009) (granting stay relief where movant established possession of note through testimony of witness who personally retrieved note from movant’s vault); In re Jacobson, 402 B.R. at 370 (denying movant’s stay relief motion due to movant’s failure to establish it was holder of note); In re Hayes, 393 B.R. 259, 270 (Bankr. D. Mass. 2008) (denying movant’s stay relief motion and sustaining debtor’s claim objection due to movant’s failure to establish it was holder of note). Movant has not established it has standing to bring the Motion and the Motion is due to be denied.
Federal Lawsuit to Dismiss Every Foreclosure Filed in America
Author: Matthew D. Weidner, Esq.
SUE THE USA FOR THE MORTGAGE MESS!
Wow! Every once in a while I read something truly mind blowing…totally off the wall and completely revolutionary. I found that just a few minutes ago in a lawsuit filed by private citizen Paul L. Muckle and suing Barack Obama, George Bush, Timothy Geithner, Henry Paulson, Sarah Palin and the governors of all fifty states…that’s ballsy!
All 106 pages of this masterwork can be found here. Although it is drafted by a layperson, it really is brilliant and lays out quite remarkably a variety of causes of action that could (on a longshot) and probably should be pursued against all the elected and appointed leaders who were complicit from the very beginning in the financial fraud that brought this country to its knees. As this crisis continues (and the truth of the matter is its quietly getting worse), we owe it to ourselves to read this lawsuit and at least understand some of the allegations.
Fraud, lies, conspiracy and treason!
The mess that is our current financial, banking and mortgage system is more than even the most sophisticated person can possibly comprehend. I spend ten hours a day working on this problem and the deeper you dig, the more complex, convoluted and mysterious it becomes.
Take a moment to read it….staggering.
