Category Archives: Foreclosure Defenses

From 2003 to 2006 Assignments of ownership weren’t always completed

Each time the mortgages change hands, the sellers are required to sign over the mortgage notes to the buyers. In the rush to originate more loans during the U.S. mortgage boom, from 2003 to 2006, that assignment of ownership wasn’t … Continue reading

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Foreclosure Defenses

No Tracking Mechanism

MERS has 3,246 member companies and about half of outstanding mortgages are registered with the company, including loans purchased by government-sponsored entities Fannie Mae, Freddie Mac and Ginnie Mae, said R.K. Arnold, the company’s CEO. For about half of U.S. … Continue reading

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Foreclosure Defenses

MAKE THE BANK PROVE OWNERSHIP OF THE NOTE

The only person or entity that can displace you from your house is the entity that actually owns the mortgage and holds the note and can prove it.  What did the holder of the note do with that document?  Not … Continue reading

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Foreclosure Defenses

Lawmaker Questions Power to Foreclose

Lawmaker Questions Power to Foreclose By ROBBIE WHELAN Wall Street Journal Nov. 1, 2010 A Virginia lawmaker asked the state’s attorney general to launch an investigation of Mortgage Electronic Registration Systems, the middleman firm in millions of court filings that … Continue reading

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Foreclosure Defenses, Foreclosure Fraud, Overview

Distressed Homeowners Appeal to Third Circuit in Foreclosure Fraud Class Action Against Countrywide, Wells Fargo and Phelan Hallinan & Schmieg

Less than two weeks ago, an appeal was filed in the US Court of Appeals for the Third Circuit, alleging a Philadelphia based law firm, Phelan Hallinan & Schmeig (PHS) along with Countrywide Home Loans, Inc (CW) and Wells Fargo … Continue reading

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Foreclosure Defenses, Foreclosure Fraud, The Players

Fraud On The Court

FRAUD ON THE COURT InUS Bank v. Harpster the Law Offices Of David J. Stern committed fraud on the court by the evidence based on the Assignment of Mortgage that was created and notarized on December 5, 2007. However, that purported creation/notarization date … Continue reading

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Foreclosure Defenses, MERS