Inside the Foreclosure Fight – my advice to Attorney Ryan

Atty Ryan

See:
http://livinglies.wordpress.com/2009/06/29/ohio-slam-dunk-by-judge-morgenstern-clarren-us-bank-trustee-and-ocwen-crash-and-burn/in_re_wells_bankruptcy_oh_nd_decision_22_jun_2009/

The questions pertaining to case law on Trusts/Remic standing as legal entities is no different than most “standing” related cases. Neil’s said many times that these Pension Hedge Funds who are the true “holders” in due course WILL NOT come forward therefore the bulk of your questions regarding detailed case law about securitization cannot be addressed. They simply won’t be compelled to produce real evidence if they don’t implicate themselves by attaching to the lawsuit as a party in interest.

When you ask about the Judge granting standing using the Note and Assignments, you need to be more clear.
1. Is the Note in the name of the same party acting as Plaintiff?
2. Was the Mortgage properly assigned and before the file went to foreclosure?
3. Was Power of Attorney filed allowing Plaintiff to act on behalf of Pretender Lender?
4. Was the Note properly negotiated according to UCC Code? (Owning the Note is different than holding and vice versa)
5. An assignment of Mortgage is not an assignment of the Note regardless of what the Plaintiff states in their Material Statements and Admissions.

Raise all these questions to get a hearing and avoid Summary Judgment. Summary Judgment must only occur when no issue of material fact exists.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: