So how can Servicers consider Borrowers for a HAMP Modification if servicing violates FAS 140 under GAAP? Home retention workout options are offered only upon a title holder’s concession – you still do not get it? Lenders continue to foreclose under the veil of an FDIC receivership enforced by the Dept of Treasury.
By serendipitously foreclosing on a bad investment we get side tracked by HAMP smokers hope for Hemp (?) And …ONLY A BENEFICIAL INTEREST CAN FORECLOSE AND MERS IS THE MEANS AND METHOD FOR THE LOSS OF THAT ORIGINAL INTEREST . . . I told you so…embrace MERS (we are).
These delinquent “loans” are divested under GAAP accounting rules and prohibit a lender who must commit an accounting fraud in a recovery.
Borrowers can’t defend title under the complicated and difficult accounting rules that attorneys no less understand. A mortgage is HELD as an investment and not SOLD. Loans SOLD for STOCK compounds the problem. STOCKS charged off to ZERO are case shut. Therefore, the arguments favor fee simple interest in realty and demand the right to defend title and fight back.
Look, the mortgage is an encumbrance on title rights to the property. It cannot be enforceable under TARP if tendered for stock offered used as tender and for securing the investment in a “certificate versus a loan on real property.
Dual consideration, multiple of capital stock offerings, additional paid in capital, divestment, codified FAS 140 and on and on. One web enthusiast called our findings conjecture – “can he add?” In other words “do the general ledger and lose the case-law”. Or will case law circumvent “add and subtraction” shortfalls?
Look, a lenders mortgage is an “ECONOMIC” interest where lenders claims fail and question subrogation by state for failed investments. Why consumers cannot see the wrongful foreclosure under GAAP and FAS 140 violations prohibiting all-controlling interests in assets sold is unfortunate?
First the parties foreclosing seem to always overemphasize a borrower’s obligation for repayment under the terms of the note and deed. Then consumer title holders must fight back the stigma of a moral obligation for the same argument. You cannot foreclose on a moral obligation.
The terms and conditions are no longer in effect as the lender fights to win back your home.