Supreme Court slams Pretender Lenders

http://livinglies.wordpress.com/2009/06/29/ohio-slam-dunk-by-judge-morgenstern-clarren-us-bank-trustee-and-ocwen-crash-and-burn/

by Neil Garfield

Pretender Lenders — read and weep. Game Over. Over the next 6-12 months the entire foreclosure mess is going to be turned on its head as it becomes apparent to even the most skeptical that the mortgage mess is just that —  a mess. From the time the deed was recorded to the time the assignments, powers of attorneys, notarizations and other documents were fabricated and executed there is an 18 minute Nixonian gap in the record that cannot be cured. Just because you produce documents, however real they appear, does not mean you can shift the burden of proof onto the borrower.

If you say you have a claim, you must prove it. If you say you are the lender, you must prove it.

Bottom Line: Every acquisition of residential real property that was allegedly subject to a securitized mortgage is subject to nullification whether it was by non-judicial foreclosure, judicial foreclosure, short-sale, modification or just a regular sale. Every foreclosure, short-sale or modification is subject to the same fatal flaw. Pension funds are not going to file foreclosure suits even though they are the ones who allegedly own the loans.

Legislators take notice: Just because bankers give you money doesn’t mean they can change 1000 years of common law, statutory law and constitutional law. It just won’t fly. And if you are a legislator looking to get elected or re-elected, your failure to act on what is now an obvious need to clear title and restore the wealth of your citizens who were cheated and defrauded, will be punished by the votes of your constituents.

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