Category: Obama

OK, We Fabricated and Forged the Documentation. So What?

As Bill Paatalo (who brought this to my attention) says: “You can’t make this s–t up.” Reality is much stranger than fiction. This marks the point where we have entered the Twilight Zone in law where the rule of law is just a guidepost not to be confused with the real rule of men. Sheila Bair  was forced out of the Chairmanship of the FDIC by Geithner when it became obvious that this was a game she was unwilling to play. Even worse she was making her opposition public, essentially saying that the government was becoming complicit in a criminal conspiracy

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Top New York Judge Urges Greater Legal Rights for the Poor

Editor’s Note: Judge Lippman is certainly onto something here. There is no doubt that the poor get the short end of the stick when it comes to legal matters. Whether this will have any effect on foreclosures is a question that cannot be answered as yet. With more people moving into the poverty level due to declining real wages and joblessness, it would certainly be a step in the right direction to provide legal assistance to people when it comes to having a roof over their head. With foreclosures the problem is getting an attorney who understands that most mortgages

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Rigging the Bids at Foreclosure Sales

From Dan Edstrom: Department of Justice Press Release For Immediate Release April 16, 2010 United States Attorney’s Office Eastern District of California Contact: (916) 554-2700 Stockton Real Estate Executive Pleads Guilty to Bid Rigging at Auctions of Foreclosed Properties SACRAMENTO, CA—United States Attorney Benjamin B. Wagner and Assistant Attorney General Christine Varney of the Department of Justice’s Antitrust Division announced today that Anthony B. Ghio, 43, of Stockton, pleaded guilty today before United States District Judge Edward J. Garcia to conspiring to rig bids at public real estate foreclosure auctions held in San Joaquin County. These charges arose from an

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Foreclosure Prevention 1.1

Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk with Wall Street are using ideology and assumptions instead of reality and facts. First they started with the idea of modifications. That would do it. Just change the terms a little, have the homeowner release rights and defenses to what was a completely fraudulent and

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Tax Apocalypse for States and Federal Government Can be Reversed: Show Me the Money!

SEE states-look-beyond-borders-to-collect-owed-taxes states-ignore-obvious-remedy-to-fiscal-meltdown tax-impact-of-principal-reduction accounting-for-damages-madoff-ruling-may-affect-homeowner-claims taxing-wall-street-down-to-size-litigation-guidelines taking-aim-at-bonuses-based-on-23-7-trillion-in-taxpayer-gifts payback-timemany-see-the-vat-option-as-a-cure-for-deficits As we have repeatedly stated on this blog, the trigger for the huge deficits was the housing nightmare conjured up for us by Wall Street. Banks made trillions of dollars in profits that were never taxed. The tax laws are already in place. Everyone is paying taxes, why are they not paying taxes? If they did, a substantial portion of the deficits would vanish. Each day we let the bankers control our state executives and legislators, we fall deeper and deeper in debt, we lose more social services and it endangers our

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Give me a little help here: Trusts, REMICs, and the Authority of the Trustee or Trustee's Attorney to Represent

When U.S. Bank comes in as Trustee for the the holders of series xyz etc., the use of the words Trustee and series certificates give it an air of legitimacy. But this is probably just another bluff. Reading the indenture on the bond (mortgage backed security) and the prospectus, you will see that the “Trust” may or may not be the the Special Purpose Vehicle that issued the bonds. And of course I remind you that the “borrower” (whom I call an “issuer” for reason explained in other posts) signed a note with one set of terms and the source

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Wells Fargo Steps on A Rake (We Hope) — EGGS — a New Country

And when that rakes hits them in the head, it will hopefully start a domino effect with the rest of the pretender lenders. OH Sup Ct – Wells Fargo Appeal WF has decided to go for the brass ring by bringing an appeal from a case they lost. What they are saying to the Ohio Supreme Court is that if the borrower doesn’t raise the issue of “who owns the loan” early enough, they have waived it. They are also saying that when they finally record the assignment documents should have no effect on who can enforce the note and

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Time to Write to Obama, Senators and Congressman

Many Thanks to Ron Ryan, Esq. representing the Tucson Bankruptcy Bar for the submission below: Editor’s Note: Obama wasn’t kidding when he he said the thing that humbled or frustrated him the most was how slow Washington is to “get on board.” Dick Durbin had the class and guts to say it outright. The banks own the city — and we the taxpayers gave them the money. WHERE IS YOUR OUTRAGE AND WHY ARE YOU NOT EXPRESSING IT? The Troubled Asset Relief Program money went to bank holding companies that were (a) not holding any troubled assets and (b) not

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Cramdown Vote: Banks Bought Senators On The Cheap

Sen. Dick Durbin (D-Ill.) introduced legislation in the Senate Thursday which would allow homeowners in bankruptcy to renegotiate — or cramdown — mortgages with banks. His corresponding amendment to the House-passed bankruptcy reform bill is scheduled to be voted on at 2:30. (Read the whole thing.) The measure is widely expected to fail, as crucial Democratic senators, whose votes are needed to overcome a filibuster, have publicly declared their opposition. Democratic Sens. Ben Nelson (Neb.), Mary Landrieu (La.) and Jon Tester have indicated they plan to vote against the amendment. Sen. Evan Bayh (D-Ind.), who supported the bill last time

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Cuomo Spotted Appraisal Fraud as Core Problem in 2007

WaMu faulted on home loans Colluded to inflate property values, N.Y. attorney general says By AUBREY COHEN AND BILL VIRGIN P-I REPORTERS New York’s attorney general has accused Washington Mutual Inc. of pressuring a real estate appraisal company to deliver inflated home values in order to justify making loans, a practice that some appraisers have complained of increasingly in recent years. The suit filed Thursday in a New York court by Attorney General Andrew Cuomo doesn’t name Seattle-based WaMu as a defendant. Instead, it charges First American Corp. and its eAppraiseIT subsidiary of engaging in “deceptive, fraudulent and illegal business

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Appraisal Fraud: Rules set to cut off mortgage originators from appraisers this week

Thank you Alan Baron for submitting the article. Editor’s Note: Maybe too little too late but a good start nonetheless. This issue is very simple. In the law it is called “fraud on the market.” Wall Street targeted specific swaths of geography and made it look like the entire market was going wild in that area. It wasn’t. It was all a big lie. They did it by inflating ALL appraisals in the area. This gave them the cover of  plausible deniability. In the end, the “appraisals” were improperly rendered and could not withstand the test of time or any

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The Big Takeover The global economic crisis isn't about money – it's about power. How Wall Street insiders are using the bailout to stage a revolution

The Big Takeover The global economic crisis isn’t about money – it’s about power. How Wall Street insiders are using the bailout to stage a revolution MATT TAIBBI Posted Mar 19, 2009 12:49 PM ADVERTISEMENT It’s over — we’re officially, royally fucked. no empire can survive being rendered a permanent laughingstock, which is what happened as of a few weeks ago, when the buffoons who have been running things in this country finally went one step too far. It happened when Treasury Secretary Timothy Geithner was forced to admit that he was once again going to have to stuff billions

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Motion for Consolidation is sometimes enough

From an attorney involved in foreclosure defense. I hope you are well.  I have been reading through your manual daily to absorb the breadth and depth and width of this mortgage meltdown…  I am so glad I was able to come to the workshop in Napa and meet you.  I’m sorry I missed your teleconference today… There will be more Just wanted to let you know the progress that’s been made to date: notwithstanding two failed attempts at TRO, I filed a Motion to Consolidate (Great idea) the underlying action against the lender which I filed with the subsequent lender’s

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WSJournal – “Servicers are limited in their ability to modify mortgages”

Key points -“servicers are limited in their ability to modify mortgages” READ: they have no authority to modify nor authority to foreclose This is why so many are “strung along” thinking they are waiting to be approved for a loan modification and at the eleventh hour are told they “weren’t approved” and then the following week get a foreclosure notice. Get these “promises” communicated in WRITING or record them. -“40% of borrowers were 60 days past due within 8 months after their loan was modified” What it doesn’t say is that in modifying their loan they verified or affirmed a non-existent

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Problems with a Loan Modification: 10 POINTS TO CONSIDER

SUBMITTED BY NY Problems with a Loan Modification: The borrowers will think they are modifying their current loan when in fact they are starting all over again. The Foreclosing entity which lacks standing to bring lawsuit, is not authorized to modify anything since they are not the owner of the loan in question. Since the real parties in interest are no where to be found, they are taking it upon themselves with the help of their lawyers to steal your property. The borrower is actually getting a new loan which may enjoin borrower from rescinding new transaction. The foreclosing entity

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Livinglies site is not only for the skeptics enjoyment and those seeking sources of underground legal entertainment. Damn it people it works.

Comment: www.foreclosureinforsearch.com By Maher Soliman Living lies recently posted an outstanding (according to our counsel) well prepared Motion to set aside judgment which we used to file after entry of judgment for a UD hearing that did not end up favorable. We filed six motions total to date and we are five for six when filed. LA SALLE NATIONAL BANK COUNTY OF SAN JOAQUIN; TRACY JUDICIAL DISTRIC V. O. MUNOZ CASE NO 39-2008-00196254-CL-UD-TRA The most recent effort to bring life back into a wrongful foreclosure was a late filing on Friday January 31th 2009. The trustor now holdover was prepared

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NY TIMES: What do the market traders know that the rest of the world does not?

NY Times second lead article is how are these “Troubled Assets” going to be valued? 97 cents on the dollar (management), 87 cents (S&P at current default rates), 53 cents under “bleaker” (undefined conditions), 38 cents where the trading markets value them, or 0 cents on the “Garfield Continuum Index.” ? why the disparity? What do the market traders know that the rest of the world does not? ANSWER: The paper is ALL worthless. The gamble is that the government will somehow add value to the mix. The  markets are saying there is one chance in 3 that the government

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Those $18 billion in bonuses were earned from hidden profits: The Joke is on Us

Obama is of course correct in his outrage. Taking hundreds of billions of dollars from the taxpayers to cover the appearances of catastrophic losses and then paying bonuses for good management is over the top by any standards. But neither he nor the media is correct in assuming that that the bonuses were not in fact earned by the people who defrauded us in the first place with the mortgage meltdown. Those bonuses were paid BECAUSE PROFIT WAS GENERATED even if it wasn’t completely reported. Nobody seems to get it — the key acronym is OPM (other people’s money). Wall

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Would You Pay $103,000 for This Arizona Fixer-Upper? — Appraisal Fraud, Predatory Loan, Securitization in its "finest" moment

Would You Pay $103,000 for This Arizona Fixer-Upper? That Was Ms. Halterman’s Mortgage on It; ‘Unfit for Human Occupancy,’ City Says By MICHAEL M. PHILLIPS AVONDALE, Ariz. — The little blue house rests on a few pieces of wood and concrete block. The exterior walls, ravaged by dry rot, bend to the touch. At some point, someone jabbed a kitchen knife into the siding. The condemnation notice stapled to the wall says: “Unfit for human occupancy.” View Slideshow Michael Phillips/The Wall Street Journal See photos of Ms. Halterman’s former house. The story of the two-bedroom, one-bath shack on West Hopi

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HAPPY NEW YEAR !!! (I THINK)

Happy New Year! We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute. Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner aid programs are window dressing. Even the Sheila Bair one from FDIC/Indy Mac while well-intentioned does little for most homeowners. The ONLY hope for homeowners and the only hope for our economy is if we face the music and take the free market enthusiasts at

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WORKSHOPS COMING UP 8 CA CLE & 9.5 FLA CLE CREDITS

PLEASE SUPPORT THIS SITE !!! donation-form-1108 Florida Bar Approves Garfield Continuum for 9.5 CLE Credits Lawyers Workshop Registration Form – November 2, 2009 Homeowners Workshop Registration Form – November 1, 2009 What Lawyers Are Saying About Neil Garfield\’s Seminars covered-in-the-garfield-continuum-workshops-you-can-look-this-stuff-up-in-wikopedia REQUIRED READING: appraisal-fraud-and-industry-standards-described-in-2003-official-white-paper-red-flags-described-in-detail-with-excellent-diagrams-explanations-and-descriptions-of-best-practices Work and Play in Sunny Clearwater Beach FL How to Save $$ while attending Garfield Event(s) Clearwater Beach FL November 1-2, 2009 * Reserve Workshop Seat prior to Oct 23, 2009 for Early Bird discount on Registration * Mention Garfield’s Foreclosure Defense Group when reserving rooms to get special Group Rate of $99 * Check  into flying into  Tampa/St. Petersburg and other airports within a short drive multiple

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Harvard-educated architect to lead an agency dealing with the mortgage mess

Submitted on 2008/12/14 at 8:37pm by Philip Elliott | The Associated Press Saturday December 13, 2008, 3:54 PM CHICAGO — Promising a prominent role for his housing department, President-elect Barack Obama on Saturday named a Harvard-educated architect to lead an agency dealing with the mortgage mess that dragged the country into a recession. Former Clinton aide: New York Housing Preservation and Development Commissioner Shaun Donovan has a national reputation for developing affordable housing.With one in 10 U.S. homeowners delinquent on mortgage payments or in foreclosure, Obama said New York City housing commissioner Shaun Donovan will bring “fresh thinking, unencumbered by

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