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September 2017 Article Archive

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How You Can Easily Research State Records For Evidence of Unremediated LPS Robo-Signing Fraud
livinglies.wordpress.com | September 26, 2017
Many of the banks conducting foreclosures 2008-2013 relied on a few large foreclosure mills to litigate cases for them, and still do. For large banks, it made sense–consolidate your cases with specialized firms employing dozens of attorneys/paralegals, one-stop shop the process. Most of these firms from 2008-2013 used a version of Lender Processing Services ("LPS") Desktop software program to create needed assignments for claimed holders of loans (Extra stress on the "claimed" part!).
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"Harmless" Motion to Return Original Documents in Court File Might Yield Explosive Effects
livinglies.wordpress.com | September 22, 2017
The bottom line is that lawyers for the banks and servicers are using a device that looks harmless but creates a strong presumption that the original note exists, that the clerk of the court received it, and that it was apparently sent to the offices of the attorneys that represent the banks or servicers in foreclosure litigation. All this despite the fact that no original note was ever produced, shown, filed or admittted into evidence.
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Now It's Fabricated or Unenforceable Student Loans
livinglies.wordpress.com | September 21, 2017
The CFPB laid down some serious fines on National Collegiate Student Loan Trusts and its debt collector, Transworld Systems, Inc. The firms were collectively ordered to pay $26.1 million for attempting to collect on loans that were at best out of date and at worst nonexistent.
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Back Them Into a Corner — Request for Admissions
livinglies.wordpress.com | September 20, 2017
As part of my consultation on a case involving PennyMac and Citi, I suggested a strategy (see below) using the procedural route of a Request for Admissions. If not answered, the requests are deemed admitted — which in most cases will completely undermine the foundation for any of the evidecne proffered by the foreclosing party. If admitted, the same result applies. If denied, you have something to ask for in further discovery. If objections are filed then the lawyer must be prepared with cases, statutes and treatise authority to back up his claim that he—she is entitled to the information and that without it the trial will be a sham.
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The Transferring of Servicing Rights to Avoid Reviewing Complete Modification Application
livinglies.wordpress.com | September 15, 2017
After years of litigating against alleged lenders, investors, servicers, and foreclosure trustees we are starting to see a clear trend of the servicing rights being transferred upon receiving a complete loan modification application. What is an alleged lender – this is usually the party that claims to have funded the original loan or the originator.
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Mortgage Fraud: $500b of 'Liar Loans' in Australia, Warns Investment Bank UBS
ABC News | September 12, 2017
Up to a third of Australian mortgages could be "liar loans" based on factually inaccurate information, investment bank UBS has warned.
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Attack the Legal Presumptions
livinglies.wordpress.com | September 7, 2017
There is a simple rule to keep in mind. If you win on the discovery requests, you are on your way to a successful conclusion for the homeowner. The 2015 amendment to Rule 34 of the Federal Rules of Civil Procedure essentially bars the use of blanket objections.
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