Fraud in the factum From Wikipedia, the free encyclopedia Jump to: navigation, search Fraud in the Factum is a type of fraud where misrepresentation causes one to enter a transaction without accurately realizing the risks, duties, or obligations incurred. Black’s Law Dictionary (2nd Pocket ed. 2001 pg. 293). This can be when the maker or …
Notwithstanding your assertions to the contrary, the letter is very specific to the subject mortgage transaction. You are quite right however, that we are questioning virtually every aspect of the transaction because there appears to be questionable behavior on the part of multiple parties in connection with every phase of the loan transaction and subsequent …
Oh Yeah? Here is what you say when they are dismissive of your claims Read More »
If you have access to Bloomberg professional or other such service here is the list of items we might want on any one occasion. Obviously once we have it we don’t need to do it again for the same series of certificates. Wish list would be documents we could lift, paste, print and use in …
Livinglies Needs Your Help Researching SEC Filings Read More »
Home mortgage disclosure act data available The Office of Financial and Insurance Regulation (OFIR) announced that the 2007 data compiled under the Federal Home Mortgage Disclosure Act are available from the Federal Financial Institutions Examination Council (FFIEC). The data covers mortgage lending transactions throughout the nation at 8,610 financial institutions covered by the Home Mortgage …
From Mario Kenny — see comments posted to blog As we have stated repeatedly, the logistics were simple: (a) inflate the value of the mortgage backed securities with fraudulently obtained Triple AAA Ratings and (b) inflating the value of the home with fraudulent and negligent use of false comparable and ignoring time factors. The economics …
AP IMPACT: US diluted loan rules before crash – Gov’t rejected tougher mortgage rules in 2005 WASHINGTON – The Bush administration backed off proposed crackdowns on no-money-down, interest-only mortgages years before the economy collapsed, buckling to pressure from some of the same banks that have now failed. It ignored remarkably prescient warnings that foretold the …
Bush Administration Saw It Coming, Was Told to do Something, Did Nothing Read More »
NATION’S HOUSING Civil rights complaint targets Wall Street rating firms Moody’s and Fitch’s high ratings of subprime mortgage bonds disproportionately harmed black and Latino home buyers, the National Community Reinvestment Coalition alleges. By Kenneth R. Harney November 30, 2008 In what is apparently the first legal action of its kind, an association of community-based organizations …
From the FAQ Page: COMMENT: I contacted one attorney on your list and had a consult with another firm which is not part of your list but has been referenced quite a few times in the blogs. I have a problem with both and find them a bit predatory (sorry guys and gals) and quite …
Attorney Fees: You Can't Have it Both Ways and Neither Can They Read More »
Current Trends in Residential Mortgage Litigation BYLINE: Daniel A. Edelman*; *DANIEL A. EDELMAN is the founding partner of Edelman & Combs, of Chicago, Illinois, a firm that represents injured consumers in actions against banks, mortgage companies, finance companies, insurance companies, and automobile dealers. Mr. Edelman or his firm represented the consumer in a number of …
Excellent Article Summarizing Many Areas of Foreclosure Litigation Read More »
One of the hidden issues in the mortgage meltdown is the issue of clouded title caused by non-disclosed table-funded loans that were “securitized.” The unquestionable presence of unknown parties, MERS (or MERS like pooling, service and assignment agreements) who at least COULD assert claims on the “borrower’s” obligation, note or mortgage, means that your loan …
Title Carriers Hit the Fan: Their Solvency in Question Read More »
With Times Tight, Even Lawyers Get Outsourced By NIRAJ SHETH in Mumbai and NATHAN KOPPEL in New York As the economic crisis deepens in the U.S., some lawyers are making out well — in India. At the Mumbai subsidiary of outsourcer Pangea3 LLC, rows of Indian lawyers at new computers pore over contracts, covenants and …
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: …
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 …
Response to Defective Affidavit: Motion to Strike Read More »
Attachment B Single Family Claims Input Help Part A, Form HUD-27011 General information: The Claim Input window can be used to enter Disposition claims and transmit them to HUD. It can be used for Part A of the following claim types only: 01 Conveyance 07 Pre-foreclosure Mortgagees are fully responsible for the accuracy of any …
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 …
Think about it. You are a taxpayer and your tax dollars are absorbing the “losses” associated with write-offs of your debts (mortgage, credit card, auto-loan, student loan etc.) whether you pay or not! The reason for the toxicity of those assets the government is eating up is NOT because of defaults, it is because the …
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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 …
Livinglies Rolls Out 80+ Attorney Network in 23 states Read More »
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 …
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 …
July, 2007: Livinglies describes and predicts the meltdown Read More »
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 …
Tide is Turning: UNlawful Detainer Action turns Into Battle over Wrongful Foreclosure Read More »
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 …
Foreclosure Freeze and Modification Movement Gains Momentum Read More »
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 …
Demand Letters Claiming Damages for Errors and Omissions, Negligence and Malpractice Read More »
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 …
Mortgage Aggregators (Wholesalers): Agents of Financial Death Read More »
