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April 20, 2010

Rally in Tally: Homeowner Relief and Housing Recovery Act is a Sham and Shame

17 Comments / bubble, CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used …

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New MERS Standing Case Splits Note and Mortgage: Bellistri v Ocwen Loan Servicing, Mo App.20100309

33 Comments / bubble, CDO, Corruption, currency, Eviction, expert witness, foreclosure, GTC | Honor, HERS, Investor, Mortgage, securities fraud, Servicer / By

From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …

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Regulation and Prosecution on Wall Street

2 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

In my opinion, the growing anger at Wall Street is giving Lloyd Blankfein and Jamie Dimon another chance at misdirection. They are using the current popular angst to steer the debate into whether derivatives and synthetic CDOs should be banned. In the end they will win that debate, and they should win it. What they …

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TILA Statute of Limitations — No Limit

13 Comments / bubble, CDO, Corruption, Eviction, expert witness, foreclosure, Forensic Analysis Workshop, GTC | Honor, HERS, Investor, Modification, Mortgage, Motion Practice and Discovery, securities fraud, Securitization Survey, Servicer, workshop / By

Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so …

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