Lender Liability

DOJ INVESTIGATION: "OPERATION STOLEN DREAMS"

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT TREASURY DEPARTMENT SUSPENDED LOAN MODIFICATION INCENTIVE PAYMENTS TO BOA Arthur Schack, a state court judge in Brooklyn, in a 2010 ruling said that pleadings by the Baum firm on behalf of HSBC Bank, a unit of London-based HSBC Holdings HSBA.L, in a foreclosure …

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BOA FUNDS MORTGAGE ON STOLEN HOUSE AND BLAMES BORROWER — FIRST AMERICAN TITLE DENIES LIABILITY

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE VIDEO: HOW COULD THE TITLE COMPANY AND BOA CLOSE ON A LOAN WHERE THE BUYER DID NOT GET TITLE? At first …

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TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be "underwater"

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years …

TITLE CRISIS: EVEN IF YOU PAID CASH FOR YOUR HOME, TITLE STILL IN DOUBT — and you could be "underwater" Read More »

DERIVATIVES ESCAPE REGULATION

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE RESTLESS CONSUMERS GROW WEARY OF BANK CONTROL OVER REGULATION “Regulators have missed more than two dozen deadlines for new Dodd-Frank rules, which …

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Michigan Court Relies on New York Trust Theory, Rules Loan Never Made it to Trust

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VALIDATED IN 4TH STATE IN AS MANY DAYS EDITOR’S NOTE: In plain language the “securitization” of loans at least with respect …

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Special Servicing Agreement: DENIES ANY INTEREST IN INVESTMENT VEHICLES OR MORTGAGES

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM MARY COCHRANE: MANY THANKS FOR YOUR EXCELLENT WORK Do you know what ‘xxx’ your loan is inside of? Do you know …

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NY APPELLATE COURT: MERS IS A FICTIONAL CHARACTER — LIKE DONALD DUCK

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR …

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CA BKR DENIES STAY, ORDERS SANCTIONS AGAINST ONEWEST, INDYMAC

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! “the Court will not participate in a process where OneWest increases its profits by disobeying the rules of this Court and by providing the Court with erroneous information” NEW NOTE GAMBIT ANGERS JUDGE EDITOR’S COMMENT: We’ve been watching this for …

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GAME OVER? VEAL CASE VINDICATES EVERY POINT REPORTED ON LIVINGLIES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS …

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Mary Cochrane on Fighting Back

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Dear Scott, and all ‘Consumers’ stop being bullied! Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”? Consumers are in danger of …

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NORRIS: LAWSUITS AGAINST AUDITORS ARE COMING AND THEY WILL BE HUGE

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE CLASS ACTION LAWYERS SHOULD LOOK AT A HOMEOWNER SUITS AGAINST MEGABANK AUDITORS AUDIT STANDARDS REQUIRE A HEALTHY DEGREE OF “SKEPTICISM”   EDITOR’S NOTE: 4 years ago, I spoke with some people in the big SEC auditing firms that give “clean” letters to public …

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KRUGMAN: HOMEOWNERS RELIEF HAS DROPPED OFF THE AGENDA

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE creditor-friendly policies are crippling the economy   Rule by Rentiers By PAUL KRUGMAN The latest economic data have dashed any hope of a quick end to America’s job drought, which has already gone on so long that the average unemployed American has been …

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SEPARATING THE NOTE FROM THE OBLIGATION: TOO ESOTERIC FOR JUDGES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The argument for separation of the note from the mortgage is finding a lot of resistance from the Bench, as Ron Ryan writes below. I agree with him up to a point. The fact remains that at the very start of …

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CA: Woman Wins House Back After Foreclosure

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE PRETENDING TO MODIFY WHILE SETTING HER UP FOR FORECLOSURE BORROWERS BEWARE: MODIFICATION PROCEDURE, UNLESS IT IS UNDER COURT ORDER IS A RUSE TO GET YOU FURTHER INTO DEFAULT   EDITOR’S NOTE: She’s not the first by a long shot, but this case shows …

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CA MAN WINS HOUSE FREE AND CLEAR: UD JUDGMENT FOR HOMEOWNER VACATING "SALE"

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “What we are seeing is a paradigm shift where Judges are no longer afraid to see homeowners win.” — Neil F Garfield LIVINGLIES ORDERS STAFF TO “DOUBLE DOWN ON DETAILS” FAULTY LEGAL DESCRIPTION STRIPS LIEN FROM HOUSE It will be interesting to see …

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WAKE UP CALL: COMPTROLLER OF THE CURRENCY STOPS MERS DEAD

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “We’re a nation of laws. Everyone knew that MERS didn’t have the right to appear as a beneficiary, but it would have been inconvenient to act on this because MERS was in widespread use throughout the banking industry. It was wrong, wrong, wrong, …

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HOW TO USE A SECURITIZATION SEARCH

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WHY YOU NEED TO ATTEND OUR SEMINAR WHAT IS A SECURITIZATION SEARCH? Hopefully any securitization search will include all public records information that either name or describe your loan, and any information public or private that contains clues to what was done with …

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SELLOUT: AG'S WILLING TO TAKE CASH PAYMENT TO STATES IN LIEU OF RELIEF FOR BORROWERS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE REPUBLICAN AG’S OPPOSE PRINCIPAL CORRECTION   EDITOR’S COMMENT: The close relationship between Republican office holders and the Banks is causing some problems in the “alliance” of 50 states’ attorneys general. Somehow they are maintaining computations of damages at under $20 billion instead of …

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MOTION TO DISMISS DENIED: FRAUD ALLEGED V MORGAN STANLEY

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 56545204-MBIA-v-MS-DENIED-w It is interesting how the same allegations made by an institution are taken more seriously. In fact, the Court leaves in the prayer for punitive, consequential and future damages. Here MBIA is suing Morgan Stanley for lying about the risks and the …

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BANK PLOY: WE NEVER GOT YOUR DOCUMENTS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The truth is that the “home retention” or “modification” programs are a farce. They are merely a cover for the actual plan in effect which is to get as many houses in their pocket before the reality of the illegality of …

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Economy is Still Choking on Housing — When Will Obama Act?

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: I am tired of reading about how economists express surprise at the sluggish economy. The same goes for when they express hope at slightest uptick in any index that is followed, none of which are real representations of economic activity. As the recent new …

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Mortgage Companies Settle Suits on Military Foreclosures

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: After years of revealing on this blog the many illegal foreclosures on property owned by service people who were on active duty, putting their lives on the line for their country, and laws that have long been in effect that such actions cannot be …

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Foreclosure-Gate Screw Tightens: Banks Face $17 Billion in Suits Over Foreclosures

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Here is our problem writ large. The commentary written by Shedlock (see below) is basically on the side of punishing the banks for their wrongdoing, but not giving any relief to borrowers. The logic behind the position is that anyone who does not pay …

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BANKS CONTINUE TO HOLD NEARLY 1 MILLION HOMES AS SALES AND PRICES CONTINUE TO PLUMMET

GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE STATED INCOME, STATED ASSETS (SISA) NO DOC ASSETS AND INCOME FOR THE BANKS: AS FALSE AS IT ALWAYS WAS EDITOR’S COMMENT: DICK DURBIN said it when the democratically controlled senate and house refused to even inquire about the real nature of the securitization illusion — “The …

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