Roger Rinaldi 
Member since May 14, 2014


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Recent Comments

Re: “Are Foreclosure Cases Rigged?

“It is undisputed that, to foreclose a mortgage, a party must establish it has the right to enforce both the mortgage and the associated note.”
- in Dow Family, LLC v. PHH Mortg. Corp., 2013 XXXXX
“In Wisconsin, the cause of action on a note evidencing an indebtedness and the cause of action to foreclose the mortgage on real estate that secures the indebtedness are distinct”
- in In re Anderson, 2011
In Wisconsin, a state which follows the lien theory of mortgages, the mortgagee does not have legal title. The full ownership, both equitable and legal, is in the mortgagor, and the interest of the mortgagee is that of a lien holder. The mortgagee is merely the holder of a security interest. Osborne, Mortgages (hornbook series), p. 208, sec. 127.
“However, the court's independent research reveals that a Wisconsin judicial foreclosure is not a proceeding ‘at law’, but an equitable action.” Frick v. Howard, 23 Wis.2d 86, 96, 126 N.W.2d 619, 625 (1964) “And for equity to be applied, consideration must be proven. For a cause of action to be sustained, a claim of monetary and pecuniary loss is required.”

1 like, 2 dislikes
Posted by Roger Rinaldi on 05/17/2014 at 9:15 AM

Re: “Are Foreclosure Cases Rigged?

as my judge exclaimed before beginning in my fraud suit.......
"Wells Fargo called me up and gave me a GREAT rate!..But since they sold it to Freddie Mac, there's no conflict of interest! Now, Mr. Rinaldi, you can't just go around filing million-dollar lawsuits against banks......it costs a lot of money to have all these attorneys here......"

4 likes, 1 dislike
Posted by Roger Rinaldi on 05/14/2014 at 9:24 PM

Re: “Are Foreclosure Cases Rigged?

judges hold tons of MBS in their portfolios by choice, not by accident.

2 likes, 1 dislike
Posted by Roger Rinaldi on 05/14/2014 at 9:20 PM

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