it follows that the investors are the ONLY parties with standing to make any claim on the mortgage, note or obligation. But they won’t make that claim because of the exposure to risk that could leave them with even more loss than the current loss on their investment. This leaves trillions of dollars in unclaimed …
“Our position is that the mortgage with IndyMac is toilet paper — it has no legal standing,” March 8, 2009 Mortgage Fraud Case Poses Federal Quandary By MICHAEL POWELL Waver Brickhouse, gray-haired and soft-spoken, has come undone twice during the nation’s housing crisis. In 2005, she fell behind on her mortgage payments and turned to …
Submitted by a gifted pro se litigant. See Comments. My only comment before quoting his comment (editor’s discretion) is that the obligation to perform due diligence is present in all cases, in all courts and in all legal procedures. Failure to do so will negate any attempted action once it is pointed out by the …
Arizona Now Requires "Due Diligence" by Parties Seeking Foreclosure Read More »
MERS residential Membership Application Kit Contains the following items: Brochure: “Process loans, not paperwork” Membership application Terms and Conditions Fee Schedule MERS® Commercial Membership Application Kit Contains the following items: Brochure: “Minimize Risk, Save Money, Reduce Paperwork” Membership application Terms and Conditions Article: “MERS: Every Commercial Loan Needs a Mom” MERS® eRegistry Membership Application Kit …
Obama on who owns the mortgage: Watch Marcy Kaptur D- Ohio on who owns the mortgage: Watch Geithner’s plan of buying up toxic assets assumes there is a value. There isn’t. The paper is all bad from one end to the other. The Certificates of Asset Backed Securities are bad, the mortgages are bad, the …
Key points -“servicers are limited in their ability to modify mortgages” READ: they have no authority to modify nor authority to foreclose This is why so many are “strung along” thinking they are waiting to be approved for a loan modification and at the eleventh hour are told they “weren’t approved” and then the following week …
WSJournal – “Servicers are limited in their ability to modify mortgages” Read More »
Magistrate Chen, in this excellent and simple analysis shows how the middlemen are trying to steal homeowner’s property, defraud investors who put up the money to fund the loan, and abuse the non-judicial and judicial process of foreclosure. See also Judgment Against Ameriquest, Deutsch Bank et al for Rescission, damages and Attorneys Fees at ameriquest-mortgage-company-deutsche-bank-national-trust-and-amc-mortgage-services-inc …
California District Court Magistrate Hits Nail on Head for Standing by MERS and Servicer Read More »
9th-circuit-invalidates-mortgage-for-failure-to-properly-acknowledge-and-notary-misconduct In considering the actions of the Federal District Court Judge and Trustee below, the 9th Circuit Federal Court of appeals made short shrift of the shell game of the players in the securitization game. In a word, they declared the mortgage invalid. While the facts are different than the home mortgage foreclosure the legal …
Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! By Maher Soliman Expert Witness, Whole Loan Examiner and Consultant to Counsel February 5, 2009. Sacramento California – A California Courts ruling is for a judgment in the “holdover” matter allowing the foreclosure “sale” by trustee to be set aside in favor of a …
California: Homeowner in Foreclosure Earns a Huge Victory in Unlawful Detainer ! Read More »
Three U.S. Banks Shut by Regulators as Financial Crisis Deepens Email | Print | A A A By Margaret Chadbourn and Ari Levy Feb. 7 (Bloomberg) — Three banks, two in California and one in Georgia, were seized by regulators, bringing this year’s tally of closings to nine as a recession and record foreclosures …
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 …
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 …
WHY WALL STREET ALWAYS BLOWS IT (and where the money went) Read More »
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 …
KISS – Keep It Simple Stupid: Why Brad Conducts Part of the Workshops Read More »
From Ny In re: (i) the Trustee shall be under no obligation to exercise any of the trusts, rights or powers vested in it by this Agreement or to institute, conduct or defend any litigation hereunder or in relation hereto at the request, order or direction of any of the Certificateholders, pursuant to this Agreement, …
Trustee lacks power to Act without Express Written Permission from Certificate Holders Read More »
PLEASE SUPPORT THIS SITE !!! donation-form-1108 Florida Bar Approves Garfield Continuum for 9.5 CLE Credits Lawyers Workshop Registration Form – November 2, 2009 Homeowners Workshop Registration Form – November 1, 2009 What Lawyers Are Saying About Neil Garfield\’s Seminars covered-in-the-garfield-continuum-workshops-you-can-look-this-stuff-up-in-wikopedia REQUIRED READING: 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 Work and Play in Sunny Clearwater Beach FL How to Save $$ while attending Garfield Event(s) Clearwater …
WORKSHOPS COMING UP 8 CA CLE & 9.5 FLA CLE CREDITS Read More »
Submitted on 2008/12/14 at 7:46pm Community leaders in Pacoima and other northeast San Fernando Valley areas have organized more than 500 Latino immigrant families to negotiate with banks as a group rather than individually. By Jessica Garrison L. A. Times December 8, 2008 Shortly after Father John Lasseigne took over last summer as head of …
Group Action!!!! Now There's an Idea! Group negotiates en masse with lenders Read More »
Submitted on 2008/12/14 at 8:37pm by Philip Elliott | The Associated Press Saturday December 13, 2008, 3:54 PM CHICAGO — Promising a prominent role for his housing department, President-elect Barack Obama on Saturday named a Harvard-educated architect to lead an agency dealing with the mortgage mess that dragged the country into a recession. Former Clinton …
Harvard-educated architect to lead an agency dealing with the mortgage mess Read More »
DECEMBER 12, 2008 Editor’s Note: They would have us believe that this was an exception to the rule. It wasn’t. In fact this WAS the rule. The reasons why Wall Street was awash in money were (a) they were successfully selling unregulated securities under false pretenses and false ratings and (b) they pressured guys like …
Kevin Lamson Said, So can anyone guess the name of “organization” that was formed by Countrywide’s, Anthony Mazillo and Fannie Mae’s, James Johnson ten years ago it start with an M? No not the Mafia. It’s Mortgage Electronic Registration Systems Inc. commonly referred to as MERS. Yes that’s right Countrywide and Fannie Mae were the …
OK it’s complicated. But I have distilled it down to a few sound bites that more or less captures the basic truth of why you don’t owe the money on that mortgage note, credit card, student loan, auto loan, furniture loan etc. Even small businesses might not owe their small business loans. There are exceptions …
