DEVISEE AND INSTRUMENTALITIES
Foreclosures have taken to an uncharacteristic methodology and unorthodox style whereupon the devisees and instrumentalities used by Federal Agents are seen are forcing the majority of this case to evolve into judicial setting. Then there is the FDCPA used by foreclosure attorneys who are alleged secured creditors ?
Consider MersCorp rights to transfer assets without recording assignments – Cannot do in a private placement. But really, No per diem interest in calculating a payoff figure surety claims. And what about the promissory notes that are endorsed in blank Bailment claims
Servicing breach under ABS 1122 AB for material violations see attestation reports and New York Fed pursuing claims as the beneficiary- ABA wire
Debt collectors engaged under Federal color of badge and authority abusive practices and the ongoing controversy amongst domestic FASB and overseas IASB accounting rules capitation.
Foreclosure claims brought for a title holders interest versus actual ownership cannot F/C on interests and claims in US Bankruptcy Courts that no foreclosure exists – installment sales contract
Aggressive pursuit to grant modifications that seldom succeed – laches and the Passage of TARP legislation allowing GSE to short title short selling options
Foreclosures are required to include hedging strategies see above and the Trustee sales that credit bid in excess of the property value
Beneficiaries must enter a credit bid versus setting opening bid. Now consider the executed bank endorsements and assignments familiar to bailment law.
There is the matter of the GSE ‘s FNMA and FHLMC purchasing assets subsequent to direct endorsements. And the Time delays and postponement of Sheriff and trustee sales dates. There is the revolving bank lines of credit that accumulate over time versus revolve
Lawyers for the household plaintiffs dropping cases at trial and the The 1996 changes marking the commencement of alternative lending that should mention cautious literature by ABA warning of the advent of civil forfeiture and the timing of the Introduction of Mers Corp for Bailment uses
Title companies offered government indemnities against surety claims /Introduction of a uniform instrument held for national use
Entry into commercial paper markets by banks /Reverse predatory lending pricing devisee that are submerged
At sale the grantee is the foreclosing beneficiary/Combo loans to 100% where the sponsors cannot exceed 80 %LTV /Consumption of early payments stream with nothing left for overcollateralization / Corridor financing used in securities deals to avoid GAAP / Reverse REPO’s used as ingress versus egress /Negative pledge for bonds are executory /Good will at 10:1 ratio is a restraint on alienation MersCorp avoids
Tax payer funds used to capitalize private placements and each de-novo /Bank financing that clearly violates FIERRA and Sarbox legislation /Cancellation of third party debt “bonds” passed thru to the household /Economic corollaries that cause the states civil code enforcement to fail /Demands for controlling recognition to establish values versus appraisals /New administration revokes the Constitution, brings F/C through a national collections effort and warns of the reprisals against for bank and lender who controlled or inflated values. ….
while president Obama suggests doing away with appraisals.