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After letting the ruling digest a couple weeks and letting my anger subside and going through my remaining options none of which were very optimistic after the Court had specifically allowed a sale to go forward. That destroyed most of my other plans. Suffering from major battle fatigue I needed...

What i was getting to there is that to my enormous amazement, I happened to pull a judge like the aforementioned. This guy is a virtual stranger to the workings of contract law and agency law as well. And not to familiar with the fact that deception is generally frowned on. In fact he blames me...

Think I've been in shock ever since the ruling.This is a major lesson.I'd assumed that to be a judge one had to be familiar with very fundamental things like creditors are responsible for their employees actions when they are acting on the creditors behalf so the creditor is responsible for...

Injunction denied. The judge is either a bit challenged in his capacity to reason and apply logic to simple circumstances or he's bank owned. He's certainly deficient in his grasp of contract law. He's of the mind that prevention is something overt, perhaps involving threats or restraint and he...

Razmic, I was wrong. It's not 30 but 60 years under the Marketable Record Title Act Civ. Code, § 880.020. The power of sale in a trust deed is enforceable even if the statute of limitations has run on the underlying obligation if the trust deed does not state the last date for payment. If...

Monday there was a hearing for an injunction. This would put an end to mock executions and allow the matter to be decided without the defendants harassment. Unlike a TRO this requires a determination that I would be likely to prevail or however they phrase it. The judge couldn't make up his on...

The registered agent is Wilmington Trust who's actually the owner or originator of my trust, thick as thieves with Bony and all usual suspects. They're unlikely to be forthcoming with me. For now I'll work on the SOS and see why they didn't provide the current status.

More Trouble searched Bloomberg for my loan to no avail so it looks like CWABS 2006 SD2 was subject to a cleanup call. I know it was on Bloomberg previously because OHM looked it up for me a few years ago. »»» BTW, Thank you More Trouble and One Huge Mess for being so generous with your time...

If you still havert access and the time could you check out CWABS 2006 SD2?

Same is true for just about any attorney. The legal mind seems to function by some sort of organizational shorthand. If a homeowner is fighting foreclosure the reference they quickly pull up is "trying to get a free house with some internet scheme". The problem is that attorneys are complicit...

But that's the thing about arguments intended to invalidate securitization. It's like the lights are on but they're not home. Courts seem to have come to a decision on their own that no matter what angle it's argued from they're not going to listen. Whether it's void v. voidable, agency...

Here's a case where the homeowner is using the argument that I'd been considering a few years ago regarding REMIC tax consequences rendering acceptance into the trust as void. It got shot down by the court...

Going through another mock execution when inexplicably my tormentors chose to forego the last minute pleasure of making me squirm and postponed a week early. Maybe it's lost its novelty and they decided to get creative and incorporate another tradition's method of cruel and unusual - the Chinese...

I promised to pay the loan back. What I didn't promise was that I would pay even if they made it impossible to pay. I didn't promise to pay more than the loan required. I didn't agree to be harassed and abused or frightened and intimidated. I didn't agree to give up my rights to fair treatment...

Unfortunately, the SOL on a DOT in California is ten or thirty years depending on a technicality having to do with the language in the recorded deed. Weird, huh? But it used to be the SOL never ran on a DOT. Hmmm maybe I should check that out again. When I first looked into it ten years seemed...

REMIC regs also require there to be no more them de minimis "defective obligations".in the trust or they're toast. Based on that info I spent a considerable amount of time locating loans in my trust, CWABS 2006 SD2, through recorded documents and foreclosures. Then checked their names or...

Yeah, I tried that back when Californians could still challenge securitization.

Hey Razmic, Of course I remember you. Yep, things can get rough fighting the bank. Here's some options from where you're at. 1. Appeal or have your attorney appeal and play a paper game like More Trouble is doing in the posting you replied to. 2. Change of venue. If you were in State before...

As I recall federal REMIC regulations prohibit a trust from acquiring a loan in Bankruptcy. It's considered a defective obligation and subject to 100% taxation. Though my securitization knowledge is a bit rusty since it's not something we can challenge in California.

More Trouble, As I expect you know, BK attorneys come in a couple types. There's the garden variety that guide you through all the irksome schedules and paperwork and help you develop a repayment plan. Then there's the less common kind that is willing to sue banks, does adversary proceedings...