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This amicus filed in re: HSBC v Jodi Matt is very good. MA and RI are and will be major battlegrounds. The Federal Stay Order in RI is unlike any other as far as I am aware.
Toggle Commented Jun 23, 2012 on Eaton v. Fannie Mae Analysis at Credit Slips
This Court is getting warmer and I believe they understand the implications of this. That is why it danced around the "void" vs "voidable" argument. Here's the language in the specific NY Code: New York Code - Estates, Powers and Trusts Article 7 § 7-2.4 “Act of trustee in contravention of trust if the trust is expressed in the instrument creating the estate of the trustee, every sale, conveyance or other act of the trustee in contravention of the trust, except as authorized by this article and by any other provision of law, is void”. Also, regarding whether or not a borrower is a party to an asset backed security - the OCC has stated that they are. See page 8 at link below. I read the instant matter in the OP and there are cases that have been plead better. See below. This was done by a Pro Se with outcome yet to be determined. What is ironic is that Defendant Bassman will likely be stuffed with a 1099 and Plaintiff trust will likey skate on IRS 806 A-G taxes that are triggered when loans are back-filled to trusts after they are closed.
I'll inch my way out a little further to include anything an everything submitted in court by the Law Offices of David J. Stern, P.A., The Law Offices of Marshal Watson, P.A., and Shapiro & Fishman, LLC. Florida's Attorney General has an ongoing investigation into the firms for to determine if "improper documentation may have been created and filed with Florida courts to speed up foreclosure processes, potentially without the knowledge or consent of the homeowners involved." Florida Law Firms Subpoenaed Over Foreclosure Filing Practices --> Despite this fact, the powers that be have decided to implement what is known as the "Rocket Docket" with the intent of clearing the foreclosure docket at the expense of due process. Retired, unelected, "Senior Judges" are ruling nearly unilaterally in favor of whoever happens to allege the legal right to foreclose. This would seem to raise constitutional issues. Partly in jest, a group of concerned citizens is putting together some recommendations as to "Rocket Docket Rules of Civil Procedure" which can be read here. ---> As a Floridian, I'm am outraged and ashamed of the collective behavior of our so called "Judicial system".
I'll go out on a limb and say everything with the name GMAC written on it either by a real person or an "automatic-pen" device should be deemed as questionable. Same goes for Wells Fargo.
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Sep 20, 2010