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Hiring an Expert: What Are you Looking For in Foreclosure Litigation?

I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, …

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The Big Cover-Up in Our Credit Nation

Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance …

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National Honesty Day? America's Book of Lies

Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about …

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Fatal Flaws in the Origination of Loans and Assignments

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by …

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Don't Admit the Default

Kudos again to Jim Macklin for sitting in for me last night. Excellent job — but don’t get too comfortable in my chair :). Lots of stuff in another mini-seminar packed into 28 minutes of talk. A big point made by the attorney guest Charles Marshall, with which I obviously agree, is don’t admit the …

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Foreclosures on Nonexistent Mortgages

I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the “product” the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading — a term that is not understood …

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Who Has the Power to Execute a Satisfaction and Release of Mortgage?

 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own …

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Hiding Behind Advice of Counsel No Better Than Ratings

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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Breakthrough Whistleblowers for Sale?

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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People Have Answers, Will Anyone Listen?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  Thanks to Home Preservation Network for alerting us to John Griffith’s Statement before the Congressional Progressive Caucus U.S. House of Representatives.  See his statement below.   People who know the systemic flaws caused by Wall Street are getting …

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Lawyers Take Note: Wells Fargo Slammed With $3.1 Million Punitive Damages on One Wrongful Foreclosure

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 GARFIELD PROPOSES NATIONAL LAW FIRM FOR COUNTER-ATTACK Editor’s Comment:  The most perplexing part of this mortgage mess has been the unwillingness of the legal community to take on the Banks. Besides the intimidation factor the primary source of resistance has …

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How Wall Street Perverted the 4 Cs of Mortgage Underwriting

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  For thousands of years since the dawn of money credit has been an integral part of the equation.  Anytime a person, company or institution takes your money or valuables in exchange for a promise that it will return …

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Student Loans Are The Next Major Crack in Our Finance

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Disclosure to Student Borrowers: www.nytimes.com/2012/04/08/opinion/sunday/disclosure-to-student-borrowers.html?_r=1&ref=todayspaper Editor’s Comment:  “We have created a world of finance in which it is more lucrative to lose money and get paid by the government, than to make money and contribute to society.  In the Soviet Union …

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Oregon AG Files Amicus Brief on MERS: Will it Matter?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment:  There seems to be virtually universal agreement that MERS was a bad thing — but still a good idea for the banks that profited from the fake securitzation scheme that hid behind the MERS curtain. The same agreement …

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LPS: So We Fabricated and Forged Documents… So what? Here's what!!

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT IT’S ALL ABOUT THE MONEY, STUPID! Editor’s Analysis: This is the moment I have been waiting for. After years of saying the documents were real, they admit, in the face of a mountain of irrefutable evidence, that the documents were not real, but …

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Deutsch Bank Inquiry Reveals Insider Influence by Paulson

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Comment: At the end of the day, everyone knows everything. The billions that Paulson made are directly attributable to his ability to instruct Deutsch and others as to what should be put into the Credit Default Swaps and other hedge products that …

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Reuters: Ex-Credit Suisse Manager Pleads Guilty in Subprime Bond Probe

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Comment: So SOMEONE is going to jail for up to five years. But the meat of this lies between the lines. First, it was a conspiracy charge. You can’t run a PONZI scheme the size of the Madoff scheme without channels that …

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Nevada AG Asks Pointed Questions to DOJ and HUD

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT See Full Letter from Masto to DOJ and HUD Here 1-27-12 Hawaii did it, Nevada did it and now other states are doing it. Seeing the devastating effect on the state economy and the ensuing effects on the nation’s economy and the world …

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Fannie and Freddie Preventing Modifications and Betting Against Modifications at the Same Time

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Freddie Mac, Deutsche Bank Caught Up In Securities Allegations By: David Dayen See Full Article on FIredoglake.com   One reason why I don’t think we should particularly accept a six-month timeline on significant action from the RMBS working group is that there’s so much already in …

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Using UDCPA Fair Debt Collection Acts to get Money, Information and Fees

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT RIPE AREA FOR STEADY INCOME FOR LAWYERS REPRESENTING HOMEOWNERS Editor’s Comment: One small step for a man, one giant leap for mankind. You have both a private right of action against the debt collector and the right to apply to the FTC to …

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Are the Prosecutions Real or Just PR for an Election Year?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Private Litigants Still Doing the Heavy Lifting that Government Should be Doing SEE FULL ARTICLE IN NEW YORK TIMES By GRETCHEN MORGENSON PRESIDENT OBAMA told the nation last week that he was convening a task force to investigate the abusive practices in the …

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Cuomo Appoints New Cop: Homeowners Hopeful That Truth Will be Revealed

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Expanding Reach, Cuomo Creates Second Cop on Financial Beat By DANNY HAKIM ALBANY — Benjamin M. Lawsky is not the attorney general of New York State. But one could be forgiven for being confused. Since Gov. Andrew M. Cuomo installed him as superintendent …

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