Matt Weidner – Fighting For The American People

Posts Tagged ‘deutsche bank’

Hey, I know…let’s throw a 103 year old sick woman and her 83 year old daughter into the street….

That’s what Deutsche Bank wants us to do.  Let’s use the force of the United States government to throw Americans into the street to assist Deutsche Bank.

Yes, as Mitt Romney says, let’s just let all these foreclosures take their course….I’m sure that makes good sense.

Maybe the two of them could end up…I don’t know, in one of the Occupy camps? But who the hell cares where they go, right?  After all, these old ladies are deadbeats, throw them into the street right? And hey, while we’re at it, let’s give the cops billy clubs and let them take a few whacks at them….

Well, fortunately, every once in a while, despite the best efforts of the 1%, sometimes some commonsense prevails and that didn’t happen in at least one case today. (story here)

But in still too many other cases, the banks are still throwing people into the streets…..I know, I know, I know, they’re in foreclosure, the bank wins, forget the excuses.

Well, what sense does it make to foreclose and send people into the streets? I mean do we really need another homeless family?

OCCUPY OUR HOMES

OCCUPY OUR HOME.ORG

MUST READ FROM 4ClosureFraud and Lynn Syzmoniak

Homeowners and consumers have got to love Florida’s Second District Court of Appeals.  Here is a court that is strictly and fairly applying the law and simply holding the banks to follow the contracts and the rules that they drafted.

These are tough times in this battle, but when decisions like this come out, it should give us all hope and faith in the good men and women who serve this country, sitting on the bench and belting out good law.

And what is the ultimate outcome of decisions like this that correctly apply the law to foreclosure cases?  Stability, consistent application of rules, a more equitable negotiating and mediation environment for all parties. This country, this state does not need one single other foreclosure to be filed.  What we need is cooperation, mediation, the banks and the people that taxpayers that bailed them out working together to make mortgage payments that are equitable given the facts of each individual case.

There is hope for all of this yet……

In this case, Deutsche Bank failed to meet its summary judgment burden
because the record before the trial court reflected a genuine issue of material fact as to
whether Deutsche Bank had complied with conditions precedent to filing the foreclosure
action.

In Konsulian, we concluded that the bank was not entitled to summary
judgment because it had not established that it had met the conditions precedent to
filing suit. Id. at 1285. The record in that case did not establish that the bank had given
the defendant the notice which the mortgage required. Id. We reach the same
conclusion in this case.

LaurenciovDeutscheBank

Elizabeth Warren is about the only person I’ve heard in the middle of this year’s long debate over the attack of the White Collar Criminal Oligarchy that seems to be standing up for real people.  And because of that she’s been getting hammered, crushed, beat up and kicked.

Famously by that little twit Patrick McHenry, little man with a Congressional seat from North Carolina.  And once again, it appears that the big shot bankers have won this fight….if the Bloomberg report is correct, a former Deutsche Bank Exec might be appointed to lead the agency tasked with protecting consumers….wow…just think about that….

I find myself continually wondering, “What event or events will finally cause the great sleeping giant called the American People to wake up?”

BLOOMBERG

How  Can You Get Divorced If You’ve Never Been Married?

That’s a question a wildly experienced attorney asks anytime anyone talks about entering into a loan modification or litigating against a trust.  Her point is (and it has been for years) is that the trusts do not have the authority to enter into modifications or litigation because they do not own many of the mortgages they are purportedly acting on behalf of.  Attorneys like her and a handful of others across the country have been screaming about the glaringly obvious problems with the failures of the securitized trusts for years now, and finally the larger world is starting to wake up.

The latest indication comes from today’s edition of the New York Times.  In today’s edition, Gretchen Morgenson advises that two state attorneys general have now expanded their investigations to determine how many loans were not properly transferred into the alleged Mortgage Backed Securities Trusts (Nothing Backed Securities Trusts).

The rules governing the securitization process are labyrinthine, and there are steps required if the investment is to comply with tax laws and promises made by the issuer in its offering document. If the trusts did not comply with tax laws, for example, the beneficial treatment given to investors could be rescinded, causing taxes to be levied on the transactions.  Here’s the basic scoop, from Gretchen’s article:

The terms of these mortgage deals varied, but many of them required that the trustee examine each of the loan files as soon as they came in from the Wall Street firm or bank issuing the security. For a file to be complete, it would typically have to include all of the information necessary to establish a chain of ownership through the various steps of the bundling process, as when the originator transferred it to the issuer of the security who then moved it to the trustee. (Full Article Here)

The reality for people who are down here fighting on the ground is that precious few of the mortgages that are being foreclosed on comply with their own contracts.  As I dig into each one of my files to confirm whether the basics of securitization were complied with, I find that very few have…..evidence of this failure can be found in virtually every file….the post-dated assignments, the mysteriously appearing endorsements on notes, the substitution of party plaintiff.  And contrary to what some courts think, all of this is dead relevant to our homeowner.

Why should my homeowner be negotiating at all with a plaintiff that cannot prove it complied with its own contract and which may lack the authority to participate in his negotiation?

Tonight’s revelation that Deutsche Bank is suing the son of one of this country’s most important fraud fighters, Lynn Syzmoniak sent a chill running down my spine….and all of America should wake up and understand just what a terrifying country we live in because virtually every activists and attorney that has spoken out has been targeted…..

Lynn is just the most recent example, but there are far many other examples….especially in the State of Florida.  It is time for all of America to WAKE UP….

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