Old 09-24-2009, 08:50 AM   #1 (permalink)
Senior Member
  
 
davew's Avatar
 
Join Date: Jan 2009
Posts: 75
Nominated 0 Times in 0 Posts
TOTW/F/M Award(s): 0
davew is on a distinguished road
MOE, more court case info/"Cancel Mortgage now" scam?

Here's a link to a case in FL filed in June where Judges are being sued for not requiring "all of the documents in front of him" Dixon and Goldberg V. Judges

CANCEL THE MORTGAGE-NOW!

Your client’s defense against foreclosure is incomplete unless you file the Omnibus Motion to Cancel the Mortgage-Now ! If the mortgage was converted into a security, the conversion rendered the mortgage unenforceable. Don’t simply delay foreclosure; end it by cancelling the mortgage.

“Cancel the Mortgage-Now!” will become the new rallying cry to defeat mortgage foreclosure.

Documentary Clearing House, LLC. (“DCH”) introduces the Omnibus Motion for sale as a legal form to practitioners to be used in cases where the mortgage has been converted into a security. More than 80% of all mortgages have been converted into a security on the secondary mortgage market.
DCH spared neither time nor expense. It enlisted the finest legal minds and legal resources to produce a comprehensive set of affirmative defences to stop foreclosure. Most clients could not afford to retain the legal team or spend the time or the money to mount this comprehensive assault on foreclosure of a securitized mortgage. DCH now can provide you with this forensic tour de force to stop foreclosure.
Cancel the Mortgage-Now! is a facial assault on securitized mortgages. It asserts that any mortgage converted into a security is unenforceable because the plaintiff lacks standing and the complaint fails to state a cause of action for which relief can be granted. The mortgage is unenforceable because the plaintiff lacks standing to foreclose on behalf of the certificate holders, the mortgage has been converted into an instrument not enforceable by foreclosure and the debtor/mortgagor did not consent to conversion of the mortgage.
If the Omnibus Motion prevails across the country, the magnitude of the consequences is will be stunning. It will result in the invalidation of hundreds of billions of dollars worth of mortgages and compel the Federal Government to step in and reform and regulate the secondary mortgage market, a promise made by this Administration but not kept. It places the financial mess created in the secondary mortgage market right back in the laps of those who made the mess. The Omnibus Motion reconnects those who undertook and profited from the securitization of mortgages with the financial losses resulting from the collapse of the secondary mortgage market. Filing the Omnibus Motion in defence against foreclosure serves a greater public good. It establishes a future rationale to hold the leading financial institutions that sold trash-an unenforceable mortgage- for cash accountable to mortgage debtors who were lent money upon terms they could not afford and investors who were sold certificates secured by unenforceable mortgages.
The Omnibus Motion consists of a five page Omnibus Motion to Dismiss and a 26 page Memorandum of Points and Authorities. The Omnibus Motion contains six arguments stating that the mortgage is unenforceable. Each argument is thoroughly researched and comes with exhaustive citations of authority. Four allege a failure to state a cause of action for which relief can be granted, and two allege lack of standing.
The arguments produced in the Omnibus Motion had to meet three criteria:
  1. The argument had to be Dispositive to achieve a final judgment, i.e dismissal with prejudice in favor of defendant.
  2. The argument had to be Determinable as a Matter of Law not fact. No need for proof of facts in dispute or discovery to obtain judgment.
  3. The argument had to be Generic. It had to apply to all cases where a mortgage had been securitized. It could not turn upon the facts specific to a single case.
Documentary Clearing House invested nine months in the conduct of exhaustive research and analysis to produce the Omnibus Motion. Such a protracted undertaking is beyond the financial means of most defendants facing foreclosure. Accordingly, this product is intended to provide a resource to litigating counsel which would, under normal circumstances, be unavailable because of constraints of time and cost. DCH hopes to cause widespread dissemination of this Omnibus Motion. Each purchaser will be asked to sign a licensing agreement whereby the purchaser agrees that use, republication and reproduction of the Omnibus Motion will be limited to the purch aser, either a single practitioner or a law firm, and the client’s of the purchaser. Purchasers are not authorized to publish or otherwise disseminate the motion for the use of other persons.
The Omnibus Motion is designed to be used in Florida although it can easily be adapted for use in other jurisdictions. It is expected that mortgage cancellation by securitization will ultimately need to be argued before the Supreme Court.
The initial price of the Omnibus Motion is $599.00 for a single practitioner and $799.00 for a law firm. Payment is to be made by credit card or Paypal. The Omnibus Motion is available for download in PDF Format or Word. A hard copy is available by mail upon request for a slight additional charge.


davew is online now  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote Share with Facebook
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 09:36 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0
Copyright 2009 LoanSafe.org and MoeSeo Inc. All Rights Reserved. Home Loan, Loan Modification & Foreclosure Help Forum - LoanSafe.org

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100