COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary We now have a growing group of unlikely bedfellows — investors, homeowners and local governments who were all duped and whose claims are being treated as though each one was unique when in fact the entire plan was a highly organized crime. Add the Federal …
LOCAL GOVERNMENTS UNDERWATER: TIME TO CORRECT PRINCIPAL BALANCES Read More »
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary In his experience, Mr. Shaev said: “The attorneys who represent the banks invariably state that they will get the collateral file for us and prove that the banks had possession of the documents at the appropriate time. But then when we review the file it …
US TRUSTEES ATTACKING PRETENDER LENDER STANDING IN MLS Read More »
2010/10/09 at 2:03 pm submitted by Brian Davies EDITOR’S NOTE: By naming only the originating lender of record — that is, the only instrument in the title record as per the county recording office, you immediately shift the burden onto any pretender lender to explain what they are doing in court. If you look down …
BANKRUPTCY PRACTICE: NAME ONLY THE ORIGINATING LENDER OF RECORD Read More »
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 …
3,900,000 Visits and Moving Faster. OUR 3RD ANNIVERSARY — THANK YOU!! Read More »
If the government guarantee was waived in whole or in part, which I am sure is the case, then the rationale for non-dischargeability disappears. So I am suggesting that the assumption that the student loan is non-dischargeable should be challenged based upon the individual facts of your student loan. If it was securitized and it …
why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. …
The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising …
Padget v OneWest – IndyMac Provides some insight into RESPA remedies Read More »
“relief from the sale order is warranted by law whether there was an innocent mistake or deliberate concealment.” Editor’s Note: When you watch these events unfold, you might begin to realize that the windfall is not to the homeowner who gets the foreclosure thrown out of court, it already happened for the financial players who …
Editor’s Note: Put simply this crisis will still be ongoing in 20 years. When you add the student loans that were securitized and which were “non-dischargable” in bankruptcy because of the government guarantee of the “risk” (which never existed because the risk was sold before the loan was ever funded, hence the guarantee should not …
Ghost Towns: 25 million more suburban homes by 2030 than are needed. Read More »
SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest …
If the Bank of England wants this information, how can this court deem it irrelevant? Read More »
Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of …
A Thought About Bankruptcy Petitions: Creditor ID Read More »
see MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 1 MERS INSTRUCTIONS TO TRANSFER RIGHTS OPTION 2 PRECLOSING REG SHOWS PRE-KNOWLEDGE OF SECURITIZATION Arnold admitted MERS does not have a beneficial interest in any mortgage; does not loan money; does not suffer a default if monies are not paid; etc…the internal agreement used by MERS expressly disavows …
MERS Admits NO Interest in Mortgage and No Loss On Default Read More »
“Without your blog I would not have found the right lawyer in my state.” – Meghan in RI “Some of the most rewarding work of my career.” – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis, it has been our position since the …
Editor’s Note: 180787_86_opinion Lehman My reading of this report is that the underlying principle of the ADDITION of conditions and co-obligors changed the homeowner’s note from being negotiable to non-negotiable. This decision doesn’t say that but the underlying reasoning leads me to believe that we are on the precipice of a paradigm shift in the way …
Bankruptcy Judge Invalidates Securitization Payment Structure Read More »
No governmental relief is in sight for homeowners except in isolated instances of community action together with publicity from the media. State and federal governments continue to sink deeper into debt, cutting social and necessary services while avoiding the elephant in the living room: the trillions of dollars owed and collectible in taxes, recording fees, …
Editor’s Note: Thanks to Allan again. If there is one person in a relatively high position who has understood the subprime crisis, acquired the information on securitization, named the villains and described their practices separating honest people from their money it is Elizabeth Warren, whose was barely heard over the din of back-slapping during the …
Bostonian of the Year: Elizabeth Warren, Watchdog Read More »
MYTH any imaginary person or thing spoken of as though existing any fictitious story, or unscientific account, theory, belief, etc. Kudos to investigative journalist Kevin Hall with McClatchy Newspapers for inserting himself into the so called “loan modification” process and exposing the farce that is being perpetrated on the American public in the article below. …
THANK YOU DAN EDSTROM: Hats off to Dan for explaining the logistics of how additional people were added toy our deal, that you have a right to know who they are and how their addition to your deal changes everything. Here is what he said: So the homeowner gave an unconditional promise to pay. The …
EXPLAINING THE ADDITION OF CO-OBLIGORS WITHOUT YOUR KNOWLEDGE OR CONSENT Read More »
Ken McLeod has the figures on this, having done detailed statistical analysis, and capable of testifying as an expert on the usual outcome of these sales. The important point being “why would the “bank” let the property go for 60% of distressed market price — even to an insider?” Answer: because it is all a …
This is what Mr. Robert E. Bostrom, Executive Vice President, General Counsel & Corporate Secretary of Freddie Mac had to say to the Supreme Court Task Force on Foreclosures. “Recommendation regarding verification of “ownership” of the mortgage” “The Task Force has recommended a requirement for a plaintiff in a foreclosure action to verify that it owns …
NOW AVAILABLE on KINDLE/AMAZON The Emperor\’s New Clothes: THOSE FORECLOSURES ARE NOT REAL FOLKS, GET IT? 1-in-10-u-s-mortgage-delinquencies-reach-a-record-high-going-up The Emperor is still strutting around as though he was fully clothed in the best silk, color and design. Wall Street is still the darling of government and a whole lot of other people, even if it was …
The Emperor's New Clothes: THOSE FORECLOSURES ARE NOT REAL FOLKS, GET IT? Read More »
NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be …
LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for …
TWO Undisclosed Yield Spread Premiums: Why Securitization Changes the Game Read More »
Thanks to Deontos: Editor’s Note: The logic is simple, basic and the law is old, accepted and “black letter.” No new law is needed to overturn all the foreclosures since 2001, no fancy footwork is required to throw the bums out of court and sue them for the damage they created when they filed false …
