Supreme Court Lifts Federal Eviction Moratorium
The US Supreme Court on Thursday ruled to end the federal eviction moratorium, noting that any continuation of the program must be specifically authorized by Congress.
“If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it. The application to vacate stay presented to The Chief Justice and by him referred to the Court is granted,” the ruling reads. “It is up to Congress, not the CDC, to decide whether the public interest merits further action here.”
Now is the perfect time to sue the mortgage lenders and mortgage loan servicers for quiet title and wrongful foreclosure.
Admitting Securitization in Foreclosure Defense
Regarding Neil Garfield’s 08/16/2021 blog article entitled “Loans Were NOT Securitized. If you admit they were securitized, you are admitting the claim for foreclosure”.
We like Neil, and we often agree with him and some of his legal arguments. Interestingly enough, the one thing we don’t agree with in this particular post is that if we “admit” the loan was securitized, we are also “admitting” the claim for foreclosure.
We don’t see it that way at all, and we argue in such a way that it doesn’t matter whether we “admit” securitization or not, what matters is what happened to the mortgage payments. Since they were “pooled” (commingled) with many other mortgage payments from many other borrowers, and then from “slices” (tranches) of the “pool” the “returns” were paid to secondary-market investors under the terms of securitization.
NOT under the terms of the loan documents that constitutes an unlawful but permanent “conversion” of the borrower’s money, because by the time the money is “received” by the ultimate, and ONLY, recipients, they have no capacity to reduce the amounts of “interest” and “principal” from any individual mortgage loan, or as to any individual borrower. What they receive is called “residual income” which is the term usually used to reference income from investments which are known as “derivatives” which is how mortgage-backed securities work.
We are among the first to admit that the loans themselves were never properly “transferred” into the securitized trusts because the two conditions we always find in the trust agreements are never met:
- the completed full chain of “true sale” transfers from Originator to Sponsor; from Sponsor to Depositor; and from Depositor to Issuing Entity (a/k/a the “securitized trust”) with proper (not BLANK) endorsements of the Note, and properly-recorded assignments of the mortgage / deed of trust for each transfer.
- and (2) the properly-executed chain of transfers must be completed on or before the closing date of the trust. This requirement, stated in hundreds, if not thousands, of securitized trust agreements (essentially, ALL of them), was NEVER complied with. EVER. And we’re talking about tens of millions of loans. However, the loans themselves are “listed” as “assets” of the securitized trusts, and, most importantly, the loan payments do find their way into the “pools” where they are irreversibly commingled before being paid out to strangers under terms and conditions which are totally foreign to those in the loan documents.
This ALWAYS happens, whether or not the loan documents were properly transferred.
So, again, a key mantra is: FOLLOW THE MONEY, NOT THE DOCUMENTS. When the loan payments get commingled in the “pool” and paid out in indeterminate amounts to strangers on Wall Street to whom the borrower has no obligation to pay, and who have no way to properly account for the loan payments as “receivables” so as to reduce the amounts of “principal” and “interest” on their books and records as a lending bank must account, under our tax laws, then that’s a “conversion” and it happens because of the securitization process.
We don’t think it matters whether we “admit” that the loan was securitized or not, as long as we show the defective nature of the process and the routine mis-application of the borrower’s mortgage payments, and, of course, the result of this process.
The first step in this evidentiary process is to get a full court ready Bloomberg Securitization Audit & Expert Witness Affidavit. Once the audit is finished, we can produce your court ready quiet title or wrongful foreclosure lawsuit documents so you can get the remedy you deserve.
To order your Bloomberg Securitization Audit click here
If you have any questions, please call our office as soon as possible because the time to sue the banks for legal remedy is running out.