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Category: HERS

Banks Fighting Subpoenas From FHFA Over Access to Loan Files

January 31, 2017

Whilst researching something else I ran across the following article first published in 2010. Upon reading it, it bears repeating. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- WHAT IF THE LOANS WERE NOT ACTUALLY SECURITIZED? In a nutshell this is it. The Banks are fighting the subpoenas because if there is actually an audit of the “content” of the pools, they are screwed across the board. My analysis of dozens of pools has led

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3,900,000 Visits and Moving Faster. OUR 3RD ANNIVERSARY — THANK YOU!!

October 3, 2010

SUBSCRIBE TO LIVINGLIES MEMBERSHIP FOR DISCOUNTED SERVICES, NEWSLETTER AND FREE TELECONFERENCES Livinglies fulfills its commitment to becoming the #1 internet resource in foreclosure defense and offense (claims for damages for wrongful foreclosure or improper lending practices). DON’T ASSUME YOUR LOAN IS IN DEFAULT — IT PROBABLY ISN’T EVEN IF YOU DIDN’T MAKE A PAYMENT! DON’T ASSUME YOU OWE THE MONEY! DON’T ASSUME YOU ARE UNDERWATER — YOU HAVE CLAIMS THAT MAY MORE THAN OFFSET THE LOSS! DON’T ASSUME YOU HAVE A MORTGAGE — YOU MAY HAVE A DEBT BUT IT PROBABLY IS UNSECURED! DON’T ASSUME THAT YOU DID SOMETHING WRONG!

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MEDIATIONS, MODIFICATIONS, SHORT-SALES AND SETTLEMENTS

September 26, 2010

SERVICES YOU NEED AUTHORITY AND AGENCY In “Fair Game” Gretchen Morgenson continues to unravel the failing process of “saving homes” while the world ignores the simple truth that legally the homes are in no jeopardy but for the pranks and illusions created by the pretender lenders. There is no valid foreclosure, auction, mediation, modification, short-sale, satisfaction of mortgage, release and re-conveyance, or even settlement with a party to whom the money is not owed and a party owning no rights under the security instrument (the mortgage or deed of trust). It is all an illusion given reality by repetition not

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GMAC HALTS FORECLOSURES ADMITTING FALSE AFFIDAVITS

September 21, 2010

SERVICES YOU NEED From testimony in a Chase case, same as dozens of others I have seen —- Q. So if you didn’t review any books, records, and documents or computerized records, how is it that you had personal knowledge of all the matters contained therein? A. Well, I have personal knowledge that my staff has personal knowledge. That is our process. KEEP IN MIND that these admitted facts now are the same facts treated with incredulity and derision from the bench and opposing counsel. The Judges were wrong. The foreclosures were wrong. Now what? How will homeowners and counsel

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3 CASES THAT SHOW WE ARE ON THE RIGHT TRACK

September 18, 2010

SUBMITTED BY BRIAN Three cases that show we are on the right track. Indymac is a bad group that is going down further. http://www.scribd.com/doc/37596878/Paul-Nygen-Judgement-Against-Lenders-09-15-10 http://www.scribd.com/doc/37617034/FDIC-Indymac-V-Van-Dellen-Complaint-Officers-of-Indymac-sued-by-FDIC-Onewest-Bank-states-106-of-the-108-loans-are-non-performing-Must-be-to-the http://www.scribd.com/doc/37618538/Indymac-Certificate-ShareHolder-Class-Action-9th-Circuit-Interlocutory-Order-certifying-the-6th-Amended-Complaint

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44 Million in Poverty and Climbing

September 17, 2010

livinglies-newsletter-provides-more-strategic-info top-posts-and-pages RECOVERY HELD HOSTAGE BY WALL STREET AND POLITICIANS THIS IS WHAT I WANTED AVOID. WE ARE FAST APPROACHING THIRD WORLD STATUS, FORMER WORLD LEADER. AND THE REASON IS SIMPLE, WALL STREET OWNS THE GOVERNMENT PROCESS. THE RESULT IS THAT THE ONLY RIGHTFUL STIMULUS PACKAGE THAT WOULDN’T COST THE TAXPAYERS A DIME IS BEING BLOCKED. WAKE UP, AMERICA! IT DOESN’T HAVE TO BE THIS WAY! THE RIGHTFUL RETURN OF EQUITY TO HOMEOWNERS AMOUNTING TO TRILLIONS OF DOLLARS (WITHOUT A DIME MORE FROM TAXPAYERS) WOULD PRODUCE ALL THE STIMULUS NECESSARY TO JUMP START OUR ECONOMY FROM REVERSE GEAR TO FORWARD.

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UNDISCLOSED MIDDLE: Repurchase Obligation in the Mortgage Loan Purchase Agreement

September 17, 2010

FROM ANONYMOUS, MY FAVORITE CONTRIBUTOR 🙂 EDITOR’S NOTE: I would be better off and so would our readers if I could be as succinct in my writing as Anonymous. Somehow it always takes me longer to say what he does in a few sentences. Use HIS version instead of mine whenever possible. My version is more academic and runs the risk of putting the Judge to sleep. This piece written by Anonymous underscores the BASIC point that needs to be made from the start: the TOTAL agreement between lender and borrower consists of far more than the loan closing documents.

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Taxation of Securitized Trusts

September 17, 2010

TAXATION OF SECURITIZED TRUSTS(2) For those litigators advanced enough in their knowledge of accounting and taxation, you will uncover here and upon closer search of this blog and other resources that a rich store of materials can be used to great effect in attacking the pretender lenders, but you really must know what you are talking about and you must pick your choice of strategy very carefully. Since our friends are not the only ones reading this blog, I will reserve further comment for those who retain expert services. FROM JOSE Pinnacle, Indymac, Wells, Cendant through PHH, with head quarters

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MOVING INTO FIRST POSITION: PRIORITY OF LIENS

September 13, 2010

livinglies-general-store livinglies-newsletter-provides-more-strategic-info IF YOU HAVE A SECOND MORTGAGE, HELOC OR OTHER JUNIOR LIEN ON YOUR PROPERTY (LIKE AN ASSOCIATION LIEN FOR NON-PAYMENT OF MAINTENANCE), THAT MIGHT JUST BE YOUR TICKET OUT OF THIS MESS. I would add that if you are the holder or the attorney for the holder of junior liens, you should pay careful attention, because it is possible if not likely that you will have an opportunity to improve the value of that lien and at the same time clear the title with the homeowner such that the predatory loan defenses and title defenses disappear forever. While

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Wire Fraud, Mail Fraud? Possible Cause of Action Against Pretenders and Attorneys

September 8, 2010

Editor’s Comment: This reminds me of the end of Grisholm’s Book “The firm”. It’s not sexy but it has lots of teeth. The quote below is from Wikipedia. I was talking to an old friend of mine about the securitization scam which continues as an on-going process, first in the form of “closing” alleged loans and now in the form of foreclosures. It seems that the use of electronic media sent through the internet, like spreadsheets with misinformation on it, and which is part of a scheme wherein money is wired and illicit profits are earned, may be a crime

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LABOR DAY ABYSS

September 6, 2010

EDITOR’s comment: Everyone seems to agree that nobody really knows the identity of the creditor in the millions of mortgage transactions that were created from 2001 to 2008. Yet the general consensus from the administration and the media is that these transactions should be enforced anyway. The idea of enforcing a transaction in which only one of the parties is known is enough to  make the authors of any of the major legal treatises turn over in their graves. It is so obviously ridiculous that one need not consult the United States Constitution on due process, nor any statute or

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SPECIAL BENEFITS OFFERED TO LIVINGLIES SUBSCRIBERS: NEW FEATURE

September 6, 2010

IS MY LOAN SECURITIZED? $39 SPECIAL CLICK HERE CLICK HERE TO WATCH FREE INTRO TO LAWYER DVD ORDER LAWYER CLE DVD SET FULL DAY SEMINAR ORDER DOWNLOAD OF LAWYER\’s WORKBOOK START HERE: LIVINGLIES LOAN SPECIFIC LUMINAQ TITLE SEARCH WITHOUT COMMENTARY $199 SUBSCRIBING MEMBERS RECEIVE $20 STORE CREDIT ON TITLE SEARCH WITHOUT COMMENTARY 7 DAY PROMOTION FOR ALL READERS: DOWNLOAD ATTORNEY WORKBOOK $149 SPECIAL BENEFITS TO LIVINGLIES SUBSCRIBERS LIVINGLIES FOUNDING MEMBERS SUBSCRIBE NOW!! –>CLICK HERE TO SUBSCRIBE<– ONE YEAR SUBSCRIPTION: Authorization as member takes up to 3 hours INCLUDES MONTHLY TELECONFERENCE WITH NEIL GARFIELD AND PANEL OF EXPERTS INCLUDES BI-MONTHLY NEWSLETTER

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The Myth of the Credit Bid – Red-Handed

September 1, 2010

COMBO TITLE and SECURITIZATION Search, Report, Documents and Comprehensive Analysis SUBSCRIPTION MEMBERSHIP WITH BENEFITS Credit Charles Koppa (Poppa Koppa) with putting me onto this. He does GREAT work. poppakoppa@hotmail.com. He’s not lawyer but I trust him more than I do most lawyers to get to the bottom of things. He’s kind like one of those dogs that gets a bite of something and then NEVER lets go as the teeth go in deeper and deeper. I like that approach. The pretenders deserve it. Credit Dan Edstrom with compiling everyone’s work including my own into securitization commentaries that work the material

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If You Have a MERS Mortgage – Here is Their Deposition

September 1, 2010

36521121-Full-Deposition-of-William-Hultman-Secretary-and-Treasurer-of-MERSCORP[1] THE BOTTOM LINE IS THAT YOU WON’T FIND ANY MONEY, YOU WON’T FIND ANY DOCUMENTS, AND YOU WON’T FIND ANYTHING OF VALUE, TANGIBLE OR INTANGIBLE AT MERS. THERE IS NOTHING — AT THE BEGINNING, IN THE MIDDLE AND NOW AT THE END. THE WHOLE THING WAS A SHAM, THE CHILD OF SOME FLEETING THOUGHT AT THE RATING AGENCIES THAT HAD NO MERIT, THAT WAS NOT LEGAL AND COMMITTED THE PLAYERS TO FRAUDULENT ACTS AND DECEPTIVE PRACTICES FROM START TO FINISH. IN THE PROCESS THEY NOT ONLY ROBBED INVESTORS AND PENSIONERS, BORROWERS AND HOMEOWNERS, BUT EVERY PURPORTED SUCCESSOR IN INTEREST

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REad This: Now We are Getting Down to Business

August 31, 2010

My only comment is that this is an excellent piece of reporting by Bernstein and Eisinger at ProPublica that should be read and used as the basis for understanding what is going into your legal memorandums across the country. GREAT JOB!! 2010/08/29 at 1:52 am The Wall Street Money Machine Banks’ Self-Dealing Super-Charged Financial Crisis by Jake Bernstein and Jesse Eisinger ProPublica, Aug. 26, 10:09 p.m. Over the last two years of the housing bubble, Wall Street bankers perpetrated one of the greatest episodes of self-dealing in financial history. Faced with increasing difficulty in selling the mortgage-backed securities that had

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NY J Shack Does it Again

August 30, 2010

In my June 3, 2008 decision and order in this matter, I granted leave to plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, [*2]SERIES 2006-OC1 (BNY), to renew its application for an order of reference within forty-five (45) days, until July 18, 2008, if it complied with three conditions. However, plaintiff did not make the instant motion until May 4, 2009, 335 days after June 3, 2008, and failed to offer any excuse for its lateness. Therefore, the instant motion is 290 days, almost ten months, late. Further,

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Judges Rising to the Rules

August 28, 2010

Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is right or who is wrong. They need to call balls and strikes. In this submission from 4closurefraud.com the Judge simply states the obvious — an affidavit from some stranger who says that he looked at some papers and arrived at some conclusions in his or

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New strategy attacks validity of affidavits

August 28, 2010

Foreclosure Crisis New strategy attacks validity of affidavits August 26, 2010 hen it comes to fighting foreclosures, homeowners and their lawyers may have found a new strategy to score courtroom victories. Defense lawyers across the state are increasingly attacking the validity of affidavits that owners of notes must file with the courts as part of the foreclosure process. Attorneys like Dustin Zacks, of the firm Ice Legal in West Palm Beach, are successfully arguing that plaintiffs — usually a trust that owns the note or the servicer of the note — are violating court rules by filing affidavits with no

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E-Discovery, MetaData, and Spoliation of Evidence

August 24, 2010

EDITOR’S NOTE: AS MY LAUNCH POINT I AM USING THE FOLLOWING COMMENT POSTED TO THIS BLOG. I’M NOT SURE WHO ACTUALLY ORIGINATED MOST OF THE ORIGINAL LANGUAGE FOUND BELOW BUT WHOEVER IT WAS, THEY KNOW WHAT THEY ARE TALKING ABOUT. Almost everything done during this mortgage fraud was accomplished through the use of electronic media. MERS is simply an electronic platform  that hosts a database that provides access to thousands of users. Transmittal of loan information from a loan originator was not done through sending the loan the documents. In most cases it was accomplished by including a description of

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Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement

August 23, 2010

EDITOR’S NOTE: Lest people think I invented this whole field of law just because I’m loudest about it, here is a post from Max Gardner, who only a few days after I started this blog had already figured out everything I had figured out and was already doing something about it. Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement Monday, November 5th, 2007 Every time I file a civil action against a mortgage servicer the very first document I want is a copy of the “Pooling and Servicing Agreement.”  This is the legal document that creates the securitized

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FED BANS YIELD SPREAD PREMIUMS

August 17, 2010

A YIELD SPREAD PREMIUM IS A FEE PAID TO A BROKER FOR CREATING A FRAUDULENT PROFIT BY LYING TO THE CUSTOMER WHO BUYS A FINANCIAL PRODUCT. This particular lie would be about the rate on the loan. One would think this was already illegal and one would be right. Not only is it specified in the Truth in Lending Act and other state and federal laws governing deceptive lending practices, it is also covered by RICO and common law actions for fraud. YSP fees and other forms of undisclosed compensation, of which there were many, are all illegal. These fees

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Maine Supreme Court Invalidates MERS Standing

August 16, 2010

MAINE SUPREME JUDICIAL COURT    Reporter of Decisions MERS v Saunders Law Court decision[1] Decision: Docket: Argued: Decided: Panel: 2010 ME 79 Cum-09-640 June 15, 2010 August 12, 2010 SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. JON E. SAUNDERS et al. The good news is that we have yet another state Supreme Court invalidating the legal standing of MERS. But there are many other lessons to be learned from this decision. The main lesson for litigants without legal representation is that the sophistication of legal and procedural arguments has reached a

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Countrywide settlement pays fraction to investors – Shell Game Continues

August 16, 2010

EDITOR’S NOTE: The shell game continues. While the media picks up stories about “settlements” giving rise to the presumption that Countrywide Home Loans and Bank of America and the rest of the securitization players committed various violations of statutes, duties, rules and regulations, the main point gets lost. Where is this money going and WHY? What is the tacit or express admission in paying that money and what effect does it have on the average homeowner sitting with a loan whose obligation is being paid in these settlements? Think about it. If Bank of America, which now owns Countrywide, is

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