Editor’s Note: This is what we are hearing about. What about the settlements that go unreported? The number of settlements that are off-record (unreported) is unknown but suspected to be very high. [One of the reasons why it is SO important to get the true CURRENT status of the SPV and the true FULL accounting …
Investors Settle for $600 million — so which loans get credit for that payment? Read More »
If you have a GSAMP securitized loan you might want to pay particular attention here. In fact, if you ever had a securitized loan of any kind you should be very interested. Hudson Mezzanine: The use of the word “mezzanine” is like the use of the word “Trust.” There is no mezzanine and there is …
Editor’s Note: Now the truth as reported here two years ago. There were no losses. They were making money hand over fist. And this article focuses only on a single topic — some of the credit default swaps — those that Goldman had bought in its own name, leaving out all the other swaps bought …
Goldman Sachs Messages Show It Thrived as Economy Fell Read More »
REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP 5/23-24 Editor’s Notes: These lawsuits from the SEC, the Class Action lawyers etc., are already producing fall-out — dozens of articles and production of secret emails etc. that can only help your case. Follow them closely as they will inevitably lead to admissible evidence of what you …
Discovery Hints: Goldman Sachs may not be the only firm in SEC cross hairs Read More »
REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 Editor’s Note: As these hearings progress, you will see more and more admissible evidence and more clues to what you should be asking for in discovery. You are getting enhanced credibility from these government inquiries and the results are already coming out as you can …
Discovery and Motion Practice: Watch Those Committee Hearings on Rating Agencies Read More »
Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, …
Judge Bashes Bank in Foreclosure Case: "Criminal Probe in Florida." Read More »
see Magnetar%20Mortage%20Recovery%20Backstop%20Whitepaper%20Jun09.pdf Magnetar Mortage Recovery Backstop Whitepaper Jun09 Two things jump out at me with this paper from June, 2009. First it is obvious that the “real money” investors are defined as those seeking low risk and willing to take lower yield. The fact that they are called “Real Money Investors” underscores my point about …
Magnetar Echoes Livinglies call for Alignment of Investors, Servicers and Borrowers Read More »
class_action_against_boa1_kahlo HAMP Editor’s Note: Excellent Pleading on HAMP, TARP and related matters. They also bring up unjust enrichment which might also be applicable to the receipt and non-disclosure of third party payments. Good facts on illicit “modification” practices and the reasons why the modifications usually don’t become permanent. KAMIE KAHLO and DANIEL KAHLO, on behalf …
From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …
Editor’s Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn’t THE …
Editor’s Note: This is the securities equivalent of MERS or HERS. SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33-9077; 34-60875; 39-2468; IC-28984] Adoption of Updated EDGAR Filer Manual AGENCY: Securities and Exchange Commission. ACTION: Final rule. SUMMARY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, …
Discovery: references to SEC filings and Edgar should refer to this Final Order Read More »
see comp-pr2010-59 SEC Complaint V GS Fraud “The Commission seeks injunctive relief, disgorgement of profits, prejudgment interest and civil penalties from both defendants.” Editor’s Note: Here is where the rubber meets the road. This same pool of illegal fraudulent profit is also subject to being defined as an undisclosed yield spread premium due to the …
SEC Charges Goldman Sachs With Fraud: Complaint Reveals Discovery Tips Read More »
Editor’s Notes: They are STILL doing it. This report clearly shows that the main players are still packaging sub-prime loans (which most people would define as loans likely to fail). The reason is money. The higher the spread the higher the yield spread premium. These YSP’s are still not reported to borrowers. They are hidden …
Subprimes Not Dead for Deutsch, American General New offerings Planned Read More »
FROM drhDe.u5a.htm This is both a HERS post and a general post for those seeking discovery of documentation. You can Google this information also. This is also what I am asking all of you to send in to me for posting. I’m backdating the HERS posts like this generally to February and March so as not …
From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a …
“relief from the sale order is warranted by law whether there was an innocent mistake or deliberate concealment.” Editor’s Note: When you watch these events unfold, you might begin to realize that the windfall is not to the homeowner who gets the foreclosure thrown out of court, it already happened for the financial players who …
And THAT is why you are entitled to compel discovery, compel answers to your QWR, DVL and other requests. If the losses were not real, if the pools were marked down solely on the say-so of the financial institutions that created them, if the default rate was really much lower than the declared defaults, if …
Profits Surge as Declared Losses Vanish: Are the defaults real? Read More »
The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — …
Court Denies Motion to Dismiss and Holds Backdated Mortgage Assignments May be Invalid Read More »
I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as …
Notarized MERS Assignment of DOT as Nominee: Forensic Analysis and Motion Practice Read More »
GSAMP 8K INCLUDES SEVERAL SCHEDS AND SWAP INFO FORM 10-D ASSET-BACKED ISSUER GSAMP DISTRIBUTION REPORT for January 29 2008 FORM 10-D ASSET-BACKED ISSUER DISTRIBUTION REPORT for January 29 2008 SEC INDEX OF FILING GSAMP Wells Fargo-Thornburg reconstituted Pooling and Service Agreement Notwithstanding anything herein to the contrary, the Custodian has made no determination and makes …
Goldman Sachs – Wells Fargo SEC Filings –DISCOVERY REQUESTS Read More »
harpster US BAnk Tossed Out for Failure to Respond to Discovery and Fraud Upon the Court Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months, between the time the Interrogatories and the Request for Production were served on January 8, 2008 and the date of the hearing on the …
REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and …
The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to …
U.S. Starts Criminal Probe of Lender Processing Services Inc. Foreclosure-Data Provider Read More »
SEE MICHELLE REAGAN, ARIZONA STATE SENATE CANDIDATE Finally a politician who puts principle ahead of politics!! Michele Reagan, currently an Arizona legislator, deserves support not only for her campaign for Arizona State Senate, but for her battle with her lender. Her lender, Colonial Savings, decided to sue her for asking too many questions about how …
MICHELE REAGAN SENATE CANDIDATE GETS IT AND GETS SUED FOR HER TROUBLES WITHOUT DEFAULT! Read More »
