SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM “The act’s emphasis on preserving homeownership was particularly vital to passage. Congress was told that TARP would be used to purchase up to $700 billion of mortgages, and, to obtain the necessary votes, Treasury promised that it would modify those mortgages to assist struggling homeowners. Indeed, the act expressly …
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM PRETENDERS TRYING TO TAKE OVER COURT SYSTEMS THROUGH LEGISLATIVE ACTION UNCONSTITUTIONAL? SO WHAT? WALL STREET, realizing it really doesn’t have a leg to stand on in Court and that an increasing number of decisions are going against them for simple, black letter law reasons, is attempting an end run …
ALERT!!!! PRETENDERS MOVING ON STATE LEGISLATURES Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM TRADING ACTIVITY CASTS DOUBT ON IDENTITY OF CREDITOR IN MORTGAGES EDITOR’S NOTE: A “windfall for taxpayers” — REALLY? The hype doesn’t match the facts. While the Fed and large financial institutions trade paper instead of solving our problems they are giving credibility to the so-called mortgage bonds based upon …
Even the FED is Making Money Off Bogus Mortgage Loans Read More »
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary “This reminds me of when we were asking for assignments and indorsements on loans that were not behind in the payments and they couldn’t come up with it. We realized that the only time those documents surfaced was in litigation years after the supposed assignment …
ESTOPPEL LETTER: CALLING THEIR BLUFF — Interesting Anecdotal Evidence Read More »
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary ARIZONA MAVERICK LEGISLATURE ASSERTS THE RULE OF LAW EDITOR’S COMMENT: MUCHO CONGRATS TO SENATOR MICHELE REAGAN AND ATTORNEY BETH FINDSEN, ESQ. (SCOTTSDALE) WHO DRAFTED A BILL REQUIRING A WOULD-BE FORECLOSER (PRETENDER LENDER) TO PROVE THEY ARE THE CREDITOR. DESPITE MILLIONS OF DOLLARS IN A SOLID …
BANKS BLASTED BY ARIZONA STATE SENATE: FORECLOSURE DEFENSE DANCING IN THE STREETS Read More »
There is no excerpt because this is a protected post.
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary EDITOR’S COMMENT: As concern mounts that the entire title infrastructure has been put at risk by shoddy practices in lending, recording, transferring and foreclosing mortgages, a New Jersey Judge has set a hearing to consider suspension of ALL foreclosures by the megabanks pending further investigation. …
NJ Court Considers Statewide Foreclosure Suspension Jan 19 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 »
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 …
Our good friend “Anonymous” has piped up with more vital information and expressed it more succinctly than I did. “The senior tranches have largely already been paid and closed. Since the junior tranches are paid only if there is left over current payment – after the senior tranches have been paid. Thus, junior tranches are …
OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of …
ACCEPTANCE OF THE ASSIGNMENT AND STATUS OF THE ASSIGNMENT Read More »
Editor’s Note: Besides the obvious, there are a number of not-so-obvious things to keep in mind. The reason why they made the “mistake” is probably related to errors in procedure because they receive information from multiple sources. It is possible but unlikely that this was a normal error in posting. In Motion Practice and Discovery …
Specialized Loan Services: "MISTAKE" Costs Elderly Couple Their Home Read More »
There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem …
SEPARATION OF DEED OF TRUST FROM NOTE: Bellistri Opinion Read More »
see Magnetar%20Mortage%20Recovery%20Backstop%20Whitepaper%20Jun09.pdf Magnetar Mortage Recovery Backstop Whitepaper Jun09 Two things jump out at me with this paper from June, 2009. First it is obvious that the “real money” investors are defined as those seeking low risk and willing to take lower yield. The fact that they are called “Real Money Investors” underscores my point about …
Magnetar Echoes Livinglies call for Alignment of Investors, Servicers and Borrowers Read More »
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 …
REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. ” There should be no doubt in your mind now that virtually …
Submitted by dan, whom I think is 100% right here: After a closer look at trust law (see Gilbert Law Summeries on Trusts by Edward C. Halbach Jr), the 4 critical elements of a trust are: 1. trust intent. 2. specific trust res or property. 3. properly designated parties. 4. valid and legal trust purpose. …
Challenge everything, assume nothing. The chances are that through this shadow banking system, your loan was paid in whole or in part through third party insurers, counterparties, federal bailout etc. Without an accounting from the CREDITOR, there is no basis for claiming a default. What the other side is doing is centering in on the …
Lehman dissection provides clues for discovery and motion practice Read More »
From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a …
I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as …
Notarized MERS Assignment of DOT as Nominee: Forensic Analysis and Motion Practice Read More »
The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to …
U.S. Starts Criminal Probe of Lender Processing Services Inc. Foreclosure-Data Provider Read More »
The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense, the rule leaves open the question of ownership of …
Wells Fargo Bank, N.A. appears in many ways including as servicer (America Servicing Company), Trustee (although it does not appear to be qualified as a “Trust Company”), as claimed beneficiary, as Payee on the note, as beneficiary under the title policy, as beneficiary under the property and liability insurance, and it may have in actuality …
Wells Fargo, Option One, American Home Mortgage Relationship Read More »
