borrower

CBS Airs House of Cards: Closer to the Truth But Not Quite There — Line up the story of the borrower and the story of the investor and they are the same

CBS News HOUSE OF CARDS CBS aired a 2 hour news special on the mortgage meltdown. For a change, the facts in it were entirely correct although some important facts were left out. There still remains a bias against the borrowers. While the case was made that the investors were defrauded and didn’t know what …

CBS Airs House of Cards: Closer to the Truth But Not Quite There — Line up the story of the borrower and the story of the investor and they are the same Read More »

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 …

Motion for Consolidation is sometimes enough Read More »

President Obama: Please Learn faster

Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the …

President Obama: Please Learn faster Read More »

California District Court Magistrate Hits Nail on Head for Standing by MERS and Servicer

Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc …

California District Court Magistrate Hits Nail on Head for Standing by MERS and Servicer Read More »

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal …

9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct Read More »

California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer !

Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a …

California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! Read More »

The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable. The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through …

The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief. Read More »

From Gator Bradshaw: New "pretender lender" Tactic — Beware of Attempts to Get Borrowers to Verify Non-Existent Obligation

Fellow travelers, I just had my first incident and wanted to warn everyone. New client comes to see me after just being served. Wells (not original lender) sends them a “package” of documents after they are 30 days late telling them all about their efforts to work with them and prevent foreclosure. Enclosed was a …

From Gator Bradshaw: New "pretender lender" Tactic — Beware of Attempts to Get Borrowers to Verify Non-Existent Obligation Read More »

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 …

Problems with a Loan Modification: 10 POINTS TO CONSIDER Read More »

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 …

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

CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!"

I agree completely. She proposes a revolution of sorts of simply not leaving. No reason to since the people who foreclosed didn’t have any right to do so. You never owed them a penny and the investors who put up the money never saw a penny even after foreclosure. griffin.mortgage.squatting.cnn?iref=videosearch <script src=”http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=dom&vid=/video/us/2009/01/30/griffin.mortgage.squatting.cnn” type=”text/javascript”></script><noscript>Embedded video from …

CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!" Read More »

Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009

Utah’s MagnetBank closed without an acquirer FDIC shuts down three banks in one day amid ongoing credit crisis By John Letzing, MarketWatch Last update: 6:42 p.m. EST Jan. 30, 2009 SAN FRANCISCO (MarketWatch) — Federal regulators closed three banks in a single day Friday, as the ongoing credit crisis showed no signs of abating. Utah’s …

Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009 Read More »

California Code: Notary Must NOT Have an Interest in the Document Being Signed

I caught this from the comments section: He’s right and I think if you look in the statutes of every state and industry standards that are published by Notary Associations you will find the same language. The fact that the Title agent is the closing agent is the Trustee on the Deed of Trust DOES …

California Code: Notary Must NOT Have an Interest in the Document Being Signed Read More »

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 …

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

"System is Broken" — there is no clear title and no clear answers, which is why most foreclosure actions should fail or be reversed

Mortgage market clouds who owns woman’s house Submitted by Jose Semedey — Thank You By CARRIE TEEGARDIN The Atlanta Journal-Constitution Sunday, January 25, 2009 Twenty years ago, Zella Mae Green bought a modest brick ranch house in DeKalb County with an American ideal in mind. The single mother of four, who raised her children working …

"System is Broken" — there is no clear title and no clear answers, which is why most foreclosure actions should fail or be reversed Read More »

The home you save could be your own: MSNBC Story by Mike Stuckey Quoting Living Lies Editor Neil Garfield

The home you save could be your own In foreclosure crisis, more Americans representing themselves in court By Mike Stuckey Senior news editor msnbc.com updated 4:25 a.m. MT, Wed., Jan. 28, 2009 Luis Molina is not a lawyer and he has never played one on TV. But that didn’t stop him from putting on his …

The home you save could be your own: MSNBC Story by Mike Stuckey Quoting Living Lies Editor Neil Garfield Read More »

MERS MEMBERSHIP INFORMATION Reveals Index to Securitization and Investors: Allegation that MERS is authorized or even nominal beneficiary is false

Sample Link: validatembrsearch.jsp?as_mbrsearch=1006937 mers-membership milestoneplus Sample Response Record: Corporate Name: West Coast Servicing, Inc. Address: 17011 Beach Blvd., #300 City,State,Zip: Huntington Beach, CA 92647 Toll Free Number: (866) 574-2001 Direct Number: (714) 596-6333 Fax Number: (714) 596-6333 Primary Contact: Cameron Clayton Website: http://www.wcrsi.com Member Org ID: 1006937 Lines Of Business: Originator, Servicer, Subservicer, Investor, Document …

MERS MEMBERSHIP INFORMATION Reveals Index to Securitization and Investors: Allegation that MERS is authorized or even nominal beneficiary is false Read More »

Non Judicial as Private Contract: Opening the Door to Homeowners for Self-Help

What is good for the goose is good for the gander. After months of wrangling with the obvious due process issues invovled in allowing a Trustee on the Deed of Trust to send a Notice of Default, Notice of Default and to file an eviction (unlawful detainer), it has occurred to me that the reasoning …

Non Judicial as Private Contract: Opening the Door to Homeowners for Self-Help Read More »

Swindlers Find Growing Market in Foreclosures

January 15, 2009 Swindlers Find Growing Market in Foreclosures By JOHN LELAND As home values across the country continue to plummet, the authorities say a new breed of swindler is preying on the tens of thousands of homeowners desperate to avoid foreclosure. Until recently, defrauders tried to bilk homeowners out of the equity in their …

Swindlers Find Growing Market in Foreclosures Read More »

Foreclosures in U.S. Rose 81%, Topping 2.3 Million Last Year

Foreclosures in U.S. Rose 81%, Topping 2.3 Million Last Year By Dan Levy Jan. 15 (Bloomberg) — U.S. foreclosure filings jumped 81 percent last year as falling house prices, tighter mortgage lending and the longest recession in a quarter century battered property owners, RealtyTrac Inc. said. More than 2.3 million properties got a default or …

Foreclosures in U.S. Rose 81%, Topping 2.3 Million Last Year Read More »

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

loan_origination_mortgage_fraud_ffiec loan_origination_mortgage_fraud_prevention_response_nelson Red Flags • Critical loan processing activities, such as  verification of income, employment, or deposit, is delegated to brokers. • Delegated underwriting allowed for correspondents that are new or lack an established track record with the FI. • A growing number of loans is being repurchased due to misrepresentations by the FI under …

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 Read More »

State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”

1. In another Ohio ruling on November 14th, State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”. Read the ruling /files/89778-78388/Deutsche_Bank_Foreclosure_Ruling.pdf”>Deutsche Ruling, we reported on the Judge Boyko decision in which he dismissed 14 Deutsche Bank foreclosures and then was followed up by Judge Rose throwing out another 27 …

State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation” Read More »

EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES

LOOK CAREFULLY AT EXHIBITS CONTAINING MERS ADVERTISING TO LENDERS LOOKING TO TRANSFER NOTES AND MORTGAGES see mers-membership-information-reveals-index-to-securitization-and-investors-allegation-that-mers-is-authorized-or-even-nominal-beneficiary-is-false washington-state-buse-vs-first-american-title-greenpoint-rescomm-mers-amended-complaint-well-written-look-carefully-at-exhibits-containing-mers-advertising-to-lenders-looking-to-tra mers-explained-by-aurora-lawyers exhibits-motion-and-temp-restraining-order-granted From the attached amended complaint. That Deed of Trust (“DOT”) contained a false representation on its face when it represented that Defendant MERS was a beneficiary under the DOT. Paragraph (E) States that “MERS is …

EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES Read More »

Scroll to Top