foreclosure defense

From One of Our Readers. Thank You

Opinionated, but I agree with virtually everything stated. A Credit Crisis or a Collapsing Ponzi Scheme? The Two Trillion Dollar Black Hole By PAM MARTENS pamk741@aol.com http://counterpunch.org/martens11132008.html Purge your mind for a moment about everything you’ve heard and read in the last decade about investing on Wall Street and think about the following business model: …

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Response to Defective Affidavit: Motion to Strike

Here is an example of a defective affidavit: defective-affidavit-of-indebtedness Here is the analysis of how to respond: In general the affidavit is insufficient because it does not satisfy the basic requirements of personal knowledge. 1. “Affiant is an employee:” Affiant should be an officer or otherwise identified as having a specific scope of employment that …

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Federal District Judge Opinion exactly on Point Regarding Double Liability of Borrower: Separation of Mortgage and Note

940 F.Supp. 512) United States District Court, E.D. New York. [11] This Court must apply New Mexico substantive law because the Modification Agreement provides that New Mexico law will govern any dispute arising thereunder. See Compl.Ex. E P 27, at 23.  In this regard, “[f]ederal courts sitting  in diversity cases will, of course, apply the …

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Livinglies Rolls Out 80+ Attorney Network in 23 states

donation-form-1108 SUPPORT THIS SITE!!! Wow! Nice to see when your efforts pay off. After only 6 seminars on the Garfield Continuum Seminars, and recruiting on the blogsite, we are pleased to report that new lawyers are joining the network every day. Please give us your feedback on experiences with any of them. Some of these …

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GOOD QUESTION ON WHO DO YOU OWE MONEY TO

QUESTION: I needed to know what the following means, from my Trustee’s Deed Upon Sale … specifically the last part that reads “as Trustee for Mastr Adjustable Rate Mortgages 2004-15, Mortgage Pass-Through Certificates, Series 2004-15“. JP Morgan Chase was my Lender prior to my last re-fi in September 2004, which was done thru RBC Mortgage …

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July, 2007: Livinglies describes and predicts the meltdown

History shows that the descriptions and predictions in this piece I wrote 1 1/2 years ago were unfortunately on target. What I didn’t realize at the time, was that many if not most of the money was at that time going for “refi’s” that homeowners did not solicit or want. There was a knock on …

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Tide is Turning: UNlawful Detainer Action turns Into Battle over Wrongful Foreclosure

AURORA LOAN SERVICES VS. STELLAO; HEARING IN SUPERIOR COURT, El DORODO COUNTY, CALIFORNIA Released /November 19, 2008 Congrat’s to client Stella O. and borrowerhotline.com “EXPERT” to counsel in the above matter of occupancy. [Unlawful Detainer] . A hearing scheduled today was in response to a lender foreclosure and recorded trustee’s sale. Arguments before the court …

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Foreclosure Freeze and Modification Movement Gains Momentum

The simple reason is that the paper is worthless. The race is on. The lenders and government don’t want you to know those debts that are making your palms sweat are probably unenforceable. We have been tracking cases where the debt has been challenged on the grounds of payment, holder in due course, predatory lending …

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Demand Letters Claiming Damages for Errors and Omissions, Negligence and Malpractice

Demand letters are one of your opening tools in putting the parties on notice that you have a claim and you intend to pursue it. AN ATTORNEY’S DEMAND LETTER CARRIES FAR MORE WEIGHT THAN ONE FROM A HOMEOWNER. Most of the participants in your loan closing have malpractice or errors and omissions insurance policies. You …

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Mortgage Aggregators (Wholesalers): Agents of Financial Death

BusinessWeek Subprime: Borne of Sleaze, Bribery, and Lies Friday November 14, 8:08 am ET By Mara Der Hovanesian It may seem like ancient history now, but not long ago the mortgage industry was turning ordinary people into millionaires. One of them was Sharmen Lane, a high school dropout who, like many other young women during …

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TILA and Purchase Money First Mortgages: From FAQ

QUESTION: I want to confirm something with you: 1.  TILA does not apply to purchase money. 2.  TILA apply to refinance of mortgage. Is that correct? ANSWER: This is a far more complex question than it appears. Normally it would be simple. But in the context of the mortgage meltdown of 2001-2008 there are more questions than …

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Flat Fee Foreclosure Assembly Lines: Law Firms Taking hits with increasing frequency

March 6, 2008, 11:50 am Foreclosure Legal Work: A Shoddy, Assembly-Line Practice? Posted by Dan Slater Does flat-fee pricing foster assembly-line lawyering? That’s what U.S. bankruptcy judge Jeff Bohm suggested in a decision, entered yesterday, in a consumer bankruptcy case involving Countrywide and a Texas homeowner. While Judge Bohm declined to enter sanctions against Countrywide …

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Foreclosure Mills: Time to Face the Music

November 30, 2007, 9:10 am Law Blog Lexpionage: “Foreclosure Mills” Posted by Peter Lattman Are you hip to the Web site Word Spy? It’s a fun one for all you language lovers out there. Its founder describes its mission as “lexpionage” — sleuthing out new words and phrases. Recent entries include “stroller envy,” feelings of …

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The Proof is in the pudding: Two "lenders" Foreclose on the same Property

Foreclosure Mess: Two Different Plaintiffs Claim to Own Same Mortgage Posted By Amir Efrati On November 14, 2008 @ 1:38 pm In Global | No Comments It’s been a while since we revisited the foreclosure crisis, which has obviously gotten worse. Foreclosure numbers are skyrocketing, while numerous states, the federal government and financial institutions are …

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LAWYERS AND BANKS SANCTIONED FOR FILING WRONGFUL FORECLOSURES

From: April Charney [mailto:April.Charney@jaxlegalaid.org] Foreclosure Mess: Two Different Plaintiffs Claim to Own Same Mortgage Posted By Amir Efrati On November 14, 2008 @ 1:38 pm In Global | No Comments It’s been a while since we revisited the foreclosure crisis, which has obviously gotten worse. Foreclosure numbers are skyrocketing, while numerous states, the federal government …

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Let them fall: AIG, AMBAC, Investment Banks

While my editorial opinion has been fairly obvious in these articles, I feel the need to express them directly. The fundamental truth that is missed in the media and those in government and finance close to the microphones is that this did not start with the borrowers — it started with the investors who bought …

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Fannie Mae and Freddie Mac: Holders in Due Course? – NO

We’ve received a few questions regarding the impact of the “takeover” of Fannie Mae and Freddie Mac by the Federal government. These were chartered by congress as opposed to any state and it is questionable whether anything has actually changed except for management personnel and style. They were theoretically private corporations with their common stock …

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Foreclosure Defense and Offense: Evolving Mortgage Audit Criteria

The start of every case, as I see it, is the collection of facts and documents, so that a complete mortgage evaluation and status report can be prepared by an independent third party who can serve as an expert witness if the need arises. The current “cottage industry” of TILA audits is insufficient but a …

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CONSCIENCE, COMMITMENT AND COURAGE

By GRETCHEN MORGENSON Published: November 1, 2008 AS a senior mortgage underwriter, Keysha Cooper was proud of her ability to spot fraud and other problems in a loan application. A decade of vetting mortgage documents had taught her plenty, she says. But as a senior mortgage underwriter at Washington Mutual during the late, great mortgage …

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Notice of Non-Compliance: recording Offices Reluctant to take it: Discussion

The following represents a discussion between readers in which I inserted my comments. The principal issue is whether you CAN file a notice of non-compliance in the county recorder’s office. And the sub-issue is whether the County reorder has any discretion. My answer is that the County Recorder has NO discretion and that the ONLY …

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