foreclosure offense

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 …

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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 …

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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 …

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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 …

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WHY WALL STREET ALWAYS BLOWS IT (and where the money went)

Atlantic Article Submitted by multiple readers, I read this as soon as my issue was delivered. It’s true. And to add insult to injury, the answer to the question on everyone’s mind: Where did the money go? $350 billion disappeared down a black hole. The banks and investment banks got the money under the presumption …

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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 »

It's good to win: Take Note — Pro Se Litigants Still Winning

I needed to comment on the post NY did as seen above. I acted as a court observer in the summery judgment of NY the other day at the civil court in Miami. I wanted to make clear that I did not render anything more than to be an observer in his stunning performance. He …

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FIGURING OUT THE ECONOMICS OF OUR AMERICAN MELTDOWN FRAUD

Gump59 – Why buy performing mortgages? If they are producing income for their owners, why wouldn’t they be held onto? > ANSWER: You’d buy a performing mortgage if you thought that you were buying it at a bargain, guaranteed with Triple AAA rating. If you buy a mortgage note that has a principal balance due …

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KISS – Keep It Simple Stupid: Why Brad Conducts Part of the Workshops

See also provident-bank-v-silverman-super-duper-explanation-of-ucc-transferres-holders-and-holders-in-due-course-and-perfecting-title-to-note-or-mortgage  KISS – Keep It Simple Stupid Totaled Cars and Totaled Mortgages – Credit Default Swaps – CDS – 101 By Brad Keiser OK this article is for those newer readers and tenured Livinglies devotees as well as those who have attended Al Pacino’s(oops I mean Neil Garfield’s ) workshops and are not …

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An Open Letter to Dean Martin Arizona State Treasurer: You are leaving Money on the Table — MERS and Securitization — Hundreds of millions of dollars in receivables go uncollected

January 4, 2008 info@aztreasury.gov Dear Mr. Martin: The Arizona Republic reports today that you and others in government have asserted that the State of Arizona is about out of cash. Others have described the state as “broke.” What you are missing is one very large receivable due to the state and county governments — hundreds …

An Open Letter to Dean Martin Arizona State Treasurer: You are leaving Money on the Table — MERS and Securitization — Hundreds of millions of dollars in receivables go uncollected Read More »

Would You Pay $103,000 for This Arizona Fixer-Upper? — Appraisal Fraud, Predatory Loan, Securitization in its "finest" moment

Would You Pay $103,000 for This Arizona Fixer-Upper? That Was Ms. Halterman’s Mortgage on It; ‘Unfit for Human Occupancy,’ City Says By MICHAEL M. PHILLIPS AVONDALE, Ariz. — The little blue house rests on a few pieces of wood and concrete block. The exterior walls, ravaged by dry rot, bend to the touch. At some …

Would You Pay $103,000 for This Arizona Fixer-Upper? — Appraisal Fraud, Predatory Loan, Securitization in its "finest" moment Read More »

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits. whittiker_v_deutsche_bank_complaint In the United States District Court for the Northern District of Ohio, eastern Division, Case no. 1:08CV300, Judge David D. Dowd, Jr. …

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits Read More »

HAPPY NEW YEAR !!! (I THINK)

Happy New Year! We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute. Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner …

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Trustee for Investors: Powers and Limitations (with livinglies annotations)— Critical in Your Presentation in Court

The complete Trustee powers from a standard Pooling and Servicing agreement: Section 8.01 Duties of the Trustee. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth …

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California: Bankruptcy Discharge of Mortgage Indebtedness: Bank did not rely on the Debtors representations concerning their income or that its reliance was not reasonable based on an objective standard.

From Comments: Literally 2 years out of Bankruptcy we were granted an 80/20 loan on stated income. I found that our appraiser, has had his license revoked for multiple violations including inflation of a property within 20 blocks of our residence. Furthermore, it was determined that an appraisal review fee was paid to First Franklin …

California: Bankruptcy Discharge of Mortgage Indebtedness: Bank did not rely on the Debtors representations concerning their income or that its reliance was not reasonable based on an objective standard. Read More »

Motions for Summary Judgment: Just the Facts Ma'am

Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a “summary judgment” on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court’s docket contradicting their allegation. The motion is set for a hearing on January 6th which …

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From FAQ: Powers of multiple Trustees and effects of multiple beneficiaries AND getting soemthing recorded before the foreclosure sale takes place

1. It isn’t illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default — but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities: (a) under …

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Beware Those Loan Modifications! They are Trap Doors for "lenders" benefit not yours!!!

The “lenders’ are holding nothing but worthless or at best questionable paper. As soon as you sign a modification you are validating a debt that you most likely don’t have anymore or at worst have substantial offsets against and you are validating a security instrument (mortgage) that was destroyed in the securitization process. Check with …

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articles dating back as far as the year 2002 where critics contended that mortgage securitization facilitates “predatory” lending and misleading disclosures

All the resources cited herein are available on this blog Miami Florida Personal Bankruptcy Law Blog Chapter 7, 13, and 11 Florida Bankruptcy Law by Miami Florida Bankruptcy Lawyer Jordan E. Bublick Sunday, December 21, 2008 “Securitization Facilitated Predatory Lending” Professor Kenneth C. Kettering of the New York Law School recently reviewed the legal foundations …

articles dating back as far as the year 2002 where critics contended that mortgage securitization facilitates “predatory” lending and misleading disclosures Read More »

Resources: Trade Periodicals and Research – Use of Professional Information Sources

Use of Professional Information Sources Bank Systems & Technology American Banker Community Banker Factiva Independent Banker Bank Technology News Banking Strategies Wall Street Journal/WSJ Online Law firm/consultant/association-provided newsletters ABA Banking Journal NewsEdge US Banker Lexis/Nexis Local associations publications Internally provided news feed Other; please specify — post on comments page

Indymac: federal banking regulator allowed the bank to backdate a capital infusion and gloss over its deepening problems, the Treasury Department’s independent investigator said Monday

December 23, 2008 Irregularity Uncovered at IndyMac   By EDMUND L. ANDREWS   WASHINGTON — Two months before IndyMac Bancorp collapsed in July, at a cost of $8.9 billion to taxpayers, a top federal banking regulator allowed the bank to backdate a capital infusion and gloss over its deepening problems, the Treasury Department’s independent investigator …

Indymac: federal banking regulator allowed the bank to backdate a capital infusion and gloss over its deepening problems, the Treasury Department’s independent investigator said Monday Read More »

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