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Commercial Property Securitized? Problems Look Like Same Games as Residential

In the last 3 months I have been assisting in the defense of some commercial property cases — strip malls, small hotels, warehouses, etc. And while the consensus has been that securitization of commercial mortgage backed securities has been relatively straightforward, it appears that at the very least there are exceptions to that rule and …

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NO Reason to Modify: Banks Foreclosed to Collect 100 cents on the Dollar from the Government

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: The math is simple which is why we are now offering as part of a forensic loan specific analysis, a HAMP analysis …

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DON'T Leave Your Money on the Table

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: The number of people passing up the administrative review process is appallingly low, considering the fact that many if not most homeowners …

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Az Statute on Mortgage Fraud Not Enforced (except against homeowners)

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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You Know You are Losing When

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Taking a line from Jeff Foxworthy, I have compiled the following guidelines of how to know when you are going to lose against the thieving bank seeking to steal your property. You might call it, “You know your screwed when…” …

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DEFAULT JUDGMENTS AGAINST ORIGINATORS, BANKS AND SERVICERS

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Reynaldo Reyes VP of DeutschBank Asset Management (he manages the “trusts”) said it best when he said that the truth is all very “counter-intuitive.” You would think that getting a default in a quiet title action (lawsuit) against the Banks and …

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THINK ABOUT IT …CONNECTING THE DOTS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Connecting the dots… As third round of “quantitative easing” gets under way. When will the media, the Courts and frankly the BORROWERS finally get it? The Federal Reserve Bank has been buying Mortgage bonds using trillions of dollars, soon to be around $3.5 …

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BANKS PAYING OFF HOME LOANS? TO WHAT ACCOUNT WILL THESE "SETTLEMENTS" BE CREDITED?

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The game is on: a race to foreclose and get the properties in the name of some entity that is “bankruptcy remote.” While investors and homeowners continue to sort out what happened to them and why they are in the hole, the banks …

BANKS PAYING OFF HOME LOANS? TO WHAT ACCOUNT WILL THESE "SETTLEMENTS" BE CREDITED? Read More »

Minnesota Prepares to Sue A Debt Collection Agency: Robosigning

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM “The Minnesota attorney general, Lori Swanson, accused Encore of fraud, saying it had filed false affidavits to collect consumer debt that was not owed or had been already paid off.” HUGE POTENTIAL EFFECT ON FORECLOSURES EDITOR’S COMMENT: The significance here is not just that robo-signing was used, which violates …

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Deliberate Destruction Of Documents: Securitization Evolved into a Myth

SERVICES YOU NEED “Then guy then laughed nervously and said, “Well, if you’re right, we’re ****ed. We never transferred the paper. No one in the industry transferred the paper.” Editor’s Note: It is very rewarding to see the work of Karl Denninger and others who are taking  my work and not only moving it along, …

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GMAC Drew `False Testimony’ Sanction Years Before Eviction Halt

SERVICES YOU NEED The sharks are circling. Industry practices for the past ten years have been based upon intentional misrepresentation. If their lips were moving, if they submitted a document, they were lying. The lawyers, the banks and the individual people who signed any of these documents are in serious trouble along with those who …

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Re-Orienting the Parties to Clarify Who is the Real Plaintiff

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff …

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Allocation of Third Party Payments and Loans to Specific Loan Accounts

TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 …

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Another Strategy to Own Your Loan: Allocation of Third Party Payments to Your Loan Account

I’m told by some industry insiders that you can buy a piece of our loan for pennies on the dollar, much the same as NPR did when they wanted to track the money and documents through the securitization structure. That’s a good goal because it will give you “inside information” on what the pretender lenders …

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California Reconveyance is suspect for many reasons

That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says …

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Goldman Sachs Messages Show It Thrived as Economy Fell

Editor’s Note: Now the truth as reported here two years ago. There were no losses. They were making money hand over fist. And this article focuses only on a single topic — some of the credit default swaps — those that Goldman had bought in its own name, leaving out all the other swaps bought …

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Profits Surge as Declared Losses Vanish: Are the defaults real?

And THAT is why you are entitled to compel discovery, compel answers to your QWR, DVL and other requests. If the losses were not real, if the pools were marked down solely on the say-so of the financial institutions that created them, if the default rate was really much lower than the declared defaults, if …

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Ambac Clients May Receive 25 Cents on Dollar in Cash

Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two …

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If the Bank of England wants this information, how can this court deem it irrelevant?

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 …

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Credit Default Swaps Defined and Explained

Editor’s Comments: Everyone now has heard of credit default swaps but very few people understand what they mean and fewer still understand their importance in connection with the securitization of residential mortgage loans and other types of loans.The importance of understanding the operation of a CDS contract in the context of foreclosure defense cannot be …

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SELF-DEALING Part 1: Goldman Scheme Revealed

“The problem is not that the mortgages are in default. The problem is that the investment banks are in default of their obligations to investors and homeowners. Until Government and the Courts realize this simple fact, they will never untangle the debris caused by the illusion of a crash. If that day ever comes, more …

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Lawyer's foreclosure defense of 'quiet title' faces tests

“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?” In cases that are dismissed based on these arguments, foreclosure …

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Foreclosure Defense: Motion to Vacate Final Default Summary Judgment

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, DEUTSCHE  BANK     NATIONAL TRUST COMPANY , AS TRUSTEE Plaintiff, Case No.: vs.                                DIVISION: 02 . xxxxxxxxCITIBANK, FSB, UNKNOWN TENANT(S) IN POSSESSION #1 AND #2 et al Defendants. ____________________________________/ DEFENDANT’S EMERGENCY MOTION TO VACATE …

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Foreclosure Offense: You're Up to Date — But Paying the Wrong Party?

You could be up to date in all your payments. Your billing proves it. And yet, the person (Mr. Investor) who loaned you the money for your mortgage is not getting the payments. This person steps forward and says you owe all the payments from the date of the loan, including interest, late payments, late …

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