TFH 9/17 | Foreclosure Workshop #44: Branch Banking and Trust Company v. D.M.S.I., LLC — What Every Homeowner Needs To Know Whose Mortgage Loan Was Acquired In Receivership by the Federal Deposit Insurance Corporation (FDIC)

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TFH 9/17 | Foreclosure Workshop #44: Branch Banking and Trust Company v. D.M.S.I., LLC — What Every Homeowner Needs To Know Whose Mortgage Loan Was Acquired In Receivership by the Federal Deposit Insurance Corporation (FDIC)

TFH 9/17 | Foreclosure Workshop #44: Branch Banking and Trust Company v. D.M.S.I., LLC — What Every Homeowner Needs To Know Whose Mortgage Loan Was Acquired In Receivership by the Federal Deposit Insurance Corporation (FDIC)

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Sunday – September 17

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Foreclosure Workshop #44: Branch Banking and Trust Company v. D.M.S.I., LLC — What Every Homeowner Needs To Know Whose Mortgage Loan Was Acquired In Receivership by the Federal Deposit Insurance Corporation (FDIC)

 

The Federal Government continues to dominant mortgage enforcement in what otherwise was always thought to be a matter of States’ rights.

Not only has Fannie Mae and Freddie Mac maintained ownership of most mortgage loans in the United States, deceptively hiding their ownership in favor of loan servicers, securitized trustees, and even local banks, all knowingly pretending in court to own individual mortgage loans through fraudulent loan paperwork, but the FDIC has recently also played a major but even less visible companion role with Fannie Mae and Freddie Mac in hiding and laundering ownership interests in mortgages throughout the United States.

Since 2000, for instance, 553 failed banking institutions have been taken over in receivership by the FDIC, including such major lenders as Washington Mutual Bank and IndyMac Bank, and hundreds of other local residential and commercial community banks of every size, shape, and condition.

The complete list of such failed institutions is set forth on the FDIC’s Website at www.fdic.gov.

In doing so, in receivership the FDIC has been able to invoke the FIRREA law (The Financial Reform, Recovery, and Enforcement Act of 1989), passed by Congress in a knee-jerk response to the then Savings and Loan crisis, and in effect has used FIRREA to run roughshod over the rights of homeowners in the supposed protection of FDIC insurance monies following the mortgage crisis of 2008, leading to a yet new round of mortgage abuses in the United States.

The FDIC, faced with dealing with scores of millions of mortgage loans, has created, unknown to most, its own army of robo-signers, fraudulently signing mortgage assignments, even pretending falsely to be officers of the FDIC with signing authority, to intentionally support improper state foreclosures.

The September 11, 2017 published opinion of the United States Court of Appeals for the Ninth Circuit in Branch Banking and Trust Company v. D.N.S.I., LLC, today’s central focus, is yet another, important example of such FDIC fraudulent overreaching, which is certain to directly or indirectly affect almost every homeowner defending against a foreclosure brought by an assignee of the FDIC purporting to have sold the mortgage loans of a failed institution.

And even more importantly, the erroneous rulings in Branch Banking further illustrate the practical weaknesses in the doctrine of stare decisis and the inherent deficiencies in American legal reasoning, which unjustifiably elevate The Rule Ritual over contemporary reality, fairness, due process, and common sense.

The Branch Banking opinion and the web address of the FDIC list of failed institutions will be posted on our website at www.foreclosurehour.com when the audio of today’s show is posted in our past broadcast section.

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Host: Gary Dubin Co-Host: John Waihee

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The Foreclosure Hour 12

 

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