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Why Are Trusts Alleging Holder Status and Not Holder in Due Course?

17 Comments / AMGAR, Corruption, discovery, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, Pleading, securities fraud, Servicer, Statutes, Title, Trust Beneficiaries, trustee / By

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that …

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Insurance and Hedge Proceeds Applied to Loan Balances

20 Comments / CDO, Corruption, evidence, Fannie MAe, foreclosure, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer / By

One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract …

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