modification

Supreme Ct Bond Decision: Standing and Cause of Action Closely Related

MOST POPULAR ARTICLES CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Bond v United States This case could turn out to be important, although the opinion is enshrouded with innuendo. It involves some hair splitting that is a replica of what is happening …

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WRIGHT DECISION: CA FED CT ALLOWS CLAIMS FOR Failure to Contact, Wrongful Foreclosure, Quiet Title, Unjust Enrichment, Declaratory and Injunctive Relief

MOST POPULAR ARTICLES CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE A LESSON IN PLEADING     Javaheri35Order-1 Editor’s Comment: The lesson in this decision is that a well-plead complaint will get over the goal line. A badly worded complaint, after a couple …

WRIGHT DECISION: CA FED CT ALLOWS CLAIMS FOR Failure to Contact, Wrongful Foreclosure, Quiet Title, Unjust Enrichment, Declaratory and Injunctive Relief Read More »

JPM Whistle: My Boss Told Me, We're In The Foreclosure — Not Modification — Business

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 Servicer Payments Keep Mortgages Current and Convert Liability to Unsecured EDITOR’S COMMENT: MULTIPLE WARNINGS HERE. Nobody on the banking side wants modifications. …

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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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LIKE HAMP MODIFICATIONS, AG DEAL IS WINDOW DRESSING

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM GET COMBO TITLE AND SECURITIZATION SEARCH, REPORT, ANALYSIS ON LUMINAQ “The banks’ strategy is to run the clock,” a Georgetown University law professor, Adam Levitin, said. “The chances of a settlement that meaningfully reforms mortgage servicing and makes the banks pay an appropriate price for illegal conduct are rapidly …

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FRAUDULENT MORTGAGE FRAUD SETTLEMENT IN THE WORKS UNLESS YOU STOP IT

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM SEE 10-lies-we-live-by-and-should-stop-believing-if-we-want-this-to-stop SEE taking-justice-off-the-table-2-cent-settlement In Proposed Mortgage Fraud Settlement, a Gift to Big Banks TROJAN HORSE By JESSE EISINGER, ProPublica   Luis Alvarez/Associated Press Tom Miller, attorney general of Iowa. Lurking in a proposed mortgage fraud settlement with the state attorneys general is a clause that could be worth …

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INVESTORS AND BORROWERS COULD SHARE COMMON INTERESTS AND SOLVE THE PROBLEM

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET RID OF THE MIDDLEMEN NOTE TO INVESTORS AND BORROWERS: IF YOU ARE SERIOUS ABOUT RESOLVING THE MORTGAGE CRISIS AND YOU WANT TO DO SOMETHING ABOUT IT WRITE TO ME AT neilfranklingarfield@gmail.com. EDITOR’S NOTE: For those of you who have followed the blog from the …

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NY Judge SPINS US BANK for BAD FAITH MISUSE of "TRIAL PAYMENTS"

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary ANOTHER “BANK” MODIFICATION SCAM ON HOMEOWNERS EDITOR’S NOTE: Here is standard operating procedure throughout the industry. Once again, it is fraudulent. This example, the homeowners made $22,000 in payments (to a non-creditor) believing they were headed for a negotiated settlement based upon assurances from the …

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In States Requiring Mediation

More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing …

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Foreclosure Prevention 1.1

Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk …

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Obama: A Bold U.S. Plan to Help Struggling Homeowners

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them …

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Non-Profit Lenders Step in to Provide Post-Foreclosure Modification

Editor’s Note: Principal reduction can be achieved in more ways than one. Here Non-profit Lenders see the clear opportunity to buy mortgages from dubious sources and then enter into new mortgages with the homeowner thus preventing eviction and restoring the homeowner to non-distress status. The problem here is that title is not clear and eventually …

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Do NOT Prepay Your Mortgage

As pointed out in the article below there are many good reasons for prepaying your mortgage on a monthly basis. But if you are in a securitized mortgage and you are either underwater or facing payments that are resetting, be aware that any prepayments will take you far out of the running for any modification. …

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Monster From Below, Not from Above — Appraisal Fraud

Editor’s Comment: Again, myth prevails. The monster that gobbled our home equity and the value of our pension funds came from the waters beneath the market not from some economic disaster or sudden migration of population to Australia. The “loss of value” was nothing of the sort. Prices were going up during a decade when …

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Principal Reduction: Fair or Welfare?

For those ideologues who blindly call for “personal responsibility” we direct your attention to the tens of billions of subsidies (corporate welfare) given to hundreds of corporation, some of whom act contrary to the interests of the American citizen and U.S. Foreign Policy. Either take the blinders off or admit that you don’t care about …

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RULES OF ENGAGEMENT FOR FORECLOSURE DEFENSE LAWYERS

See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly …

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FDIC Weighs Loan Principal Cuts to Fight Foreclosure

Sheila Bair has finally let the trial balloon out of the bag. Just watch what Wall Street does to position Bair as some kind of kook. In truth, she ought to be running the financial part of this recovery although the FDIC is supposed to insure deposits, not necessarily write offs of bad loans. Bottomline, …

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How to Negotiate a Short-Sale

see how-to-negotiate-a-modification See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk My statements here relate to general information and not legal advice. Generally we the vast majority of short-sales fail. Whatever the reason told to you, the real reason is that there is trouble amongst the ankle-biters on Wall Street and …

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How to Negotiate a Modification

See how-to-negotiate-a-short-sale See Michael Moore — Modifications See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk My statements here relate to general information and not legal advice. Generally we are of the opinion that the loan modification programs are a farce. First they end up in foreclosure in 6-7 months …

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Countrywide Sued by Fund Over $8.4 Billion Loan Deal

Countrywide Sued by Fund Over $8.4 Billion Loan Deal (Update1) greenwich-investor-complaint-against-countrywide-describing-securitization-in-simple-terms Excellent Article by Mr. Mortgage: Mortgage Security Holder Stands up to Bofa By Patricia Hurtado Dec. 1 (Bloomberg) — Countrywide Financial Corp., the home lender acquired by Bank of America Corp., was sued by Greenwich Financial Services Fund over claims an agreement to reduce …

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Holiday Gift: Staying in Your Home — Priceless: Those Debts You Think you Have? — WORTHLESS

For all the hoopla about moratoriums on foreclosures and other debt collection, the reality is that the only reason they are doing it is to figure out a way out of a mess founded in one inescapable FACT: the mortgage, the note, the credit card, the student loan, the furniture loan and all other consumer …

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