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Foreclosure Defense Florida

Attacking Violations of the Pooling And Servicing Agreement

The Massachusetts Ibanez decision highlighted for all of us the fact that judges are increasingly aware…and incredulous…that these big shot lenders with their $1,000 an hour lawyers would be so careless and sloppy with the documentation relating multi million dollar’s worth of assets….

US BANK v. IBANEZ, SJC 10694, MASS 1/2011


What is surprising about these cases is”¦.the utter carelessness with which the plaintiff banks documented titles to their assets”¦

It’s just utter madness and sloppiness and arrogance.   These evil machines that are the titans of international finance were so busy shoving all of America’s money into their pockets that they didn’t bother to follow even the most basic terms of their own contracts.

That’s apparently been no real problem for them so far because courts have continued to let them slide, ignoring the fact that they have in fact ignored the basic documentation requirements of their own contracts.

But the fact that they are ignoring their own contracts should be used in our cases to attack their ability to proceed….