Lender Liability

"System is Broken" — there is no clear title and no clear answers, which is why most foreclosure actions should fail or be reversed

Mortgage market clouds who owns woman’s house Submitted by Jose Semedey — Thank You By CARRIE TEEGARDIN The Atlanta Journal-Constitution Sunday, January 25, 2009 Twenty years ago, Zella Mae Green bought a modest brick ranch house in DeKalb County with an American ideal in mind. The single mother of four, who raised her children working …

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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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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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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 …

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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 …

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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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Credit Card Issuers See the Writing on the Wall: Forgiveness of Debt — they also got paid in full through securitization, so there is no obligation owed to them

Credit Card Companies Willing to Deal Over Debt Bank of America says it eased off on more than 700,000 credit card holders in 2008, lowering interest rates and some balances. By ERIC DASH Published: January 2, 2009 Hard times are usually good times for debt collectors, who make their money morning and night with the …

Credit Card Issuers See the Writing on the Wall: Forgiveness of Debt — they also got paid in full through securitization, so there is no obligation owed to them 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 »

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 …

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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 »

Unnamed Defendants in Mortgage Meltdown: Accountants for Banks and Investment Bankers

Some time ago we mentioned on these pages that the auditors who certified the financial statements (KPMG, here) would come under intense scutiny simply because they MUST have known, by simple common sense, that the economics of mortgage lending had been turned on its head. The worse the loan quality the more they made leaving …

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Judge Shack Strikes Again at the Heart of Deutsch bank

Plaintiff Knuckles & Komosinski, PC Tarrytown NY Defendants No Defendant(s) Arthur M. Schack, J. Plaintiff’s application for a judgment of foreclosure and sale for the premises located at 78 Van Siclen Avenue, Brooklyn, New York (Block 3932, Lot 45, County of Kings) is denied without prejudice. Plaintiff Deutsche Bank National Trust Company (Deutsche Bank), a …

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HOW TO CHOOSE AN AUDITOR, LOSS MITIGATOR, SHORT ALE "SPECIALIST", LOAN MODIFICATION "EXPERT" — CHEAP IS DEAR, YOU GET WHAT YOU PAY FOR

ohio-ag-files-suit-against-loan-mod-predator-be-careful The answer to your question is YES we have lawyers and the list grows every week. You can start with the “Lawyers Who Get it” at www.livinglies.wordpress.com. If you still have trouble then contact us again. In the meanwhile, allow me to point out that the process of defending your property is intimidating to …

HOW TO CHOOSE AN AUDITOR, LOSS MITIGATOR, SHORT ALE "SPECIALIST", LOAN MODIFICATION "EXPERT" — CHEAP IS DEAR, YOU GET WHAT YOU PAY FOR Read More »

Beware of those offers of "modification"

The lenders are out in force trying to get you to sign something new. Most of the offers accomplish only two things: (1) ratification of a loan that was unenforceable and (2) a virtual guarntee that you will end up with worse problem than when you started in as little as 3 months; QUESTION: I …

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Clearinghouse and Trustees Defined From Garfield's Glossary: Some of the new entries

CLEARINGHOUSE: A company or government sponsored entity that either takes physical possession of transactional documents and records them on its own books. An accepted clearinghouse’s records is used as business records to prove ownership of a particular security or other transactional document. Cede and Company and others are the clearinghouse for quadrillions of dollars of …

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