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States Commence the Inevitable "Tobacco" Litigation Against Banks — Arizona Leading

Sometime back in the early Spring and Summer of this year, I had a series of meetings with Arizona officials from the legislative and executive branch right up to the top, an Alabama Class Action firm of some repute, and telephone conversations with the U.S. Attorney, and several other class action attorneys researching “relater” and …

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MERS Getting the Grilling It Deserves

“If courts are willing to say MERS doesn’t have any ownership interest in mortgage loans, that may eventually call into question the priority of liens recorded in MERS’s name, and there are millions and millions of them.” September 27, 2009 Fair Game The Mortgage Machine Backfires By GRETCHEN MORGENSON WITH the mortgage bust approaching Year …

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Kansas S Ct Decision Annotation 2: Reversing Default

The point must be made, and the evidence must be allowed, that the pretender lenders are gaming the system every day and literally stealing homes from both homeowners and investors who thought they had an interest in those homes when they bought mortgage backed securities. This leaves the borrower in a position of financial double …

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Kansas Supreme Court Sets Precedent – Key Decision Confirming Livinglies' Strategies

Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking …

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Is MERS Deed VOID?

From Kevin A McKenna. A very good explanation about MERS and nominees. Note especially the reference to creating two entities to exercise collection and foreclosure instead of one thus reinforcing the argument of financial double jeopardy. The MERS deed would therefore be void, as he says. Thus there would be no security, probably no note …

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The Elephant in the Room – Well One of Many…

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare …

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Arizona Now Requires "Due Diligence" by Parties Seeking Foreclosure

Submitted by a gifted pro se litigant. See Comments. My only comment before quoting his comment (editor’s discretion) is that the obligation to perform due diligence is present in all cases, in all courts and in all legal procedures. Failure to do so will negate any attempted action once it is pointed out by the …

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More Banks failing: Title Chain Gets Cloudier

Three U.S. Banks Shut by Regulators as Financial Crisis Deepens Email | Print | A A A   By Margaret Chadbourn and Ari Levy Feb. 7 (Bloomberg) — Three banks, two in California and one in Georgia, were seized by regulators, bringing this year’s tally of closings to nine as a recession and record foreclosures …

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Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009

Utah’s MagnetBank closed without an acquirer FDIC shuts down three banks in one day amid ongoing credit crisis By John Letzing, MarketWatch Last update: 6:42 p.m. EST Jan. 30, 2009 SAN FRANCISCO (MarketWatch) — Federal regulators closed three banks in a single day Friday, as the ongoing credit crisis showed no signs of abating. Utah’s …

Closed: Utah's MagnetBank, Florida's Ocala National Bank, Maryland's Suburban Federal Savings Bank — 6 so far in 2009 Read More »

"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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MERS MEMBERSHIP INFORMATION Reveals Index to Securitization and Investors: Allegation that MERS is authorized or even nominal beneficiary is false

Sample Link: validatembrsearch.jsp?as_mbrsearch=1006937 mers-membership milestoneplus Sample Response Record: Corporate Name: West Coast Servicing, Inc. Address: 17011 Beach Blvd., #300 City,State,Zip: Huntington Beach, CA 92647 Toll Free Number: (866) 574-2001 Direct Number: (714) 596-6333 Fax Number: (714) 596-6333 Primary Contact: Cameron Clayton Website: http://www.wcrsi.com Member Org ID: 1006937 Lines Of Business: Originator, Servicer, Subservicer, Investor, Document …

MERS MEMBERSHIP INFORMATION Reveals Index to Securitization and Investors: Allegation that MERS is authorized or even nominal beneficiary is false Read More »

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 …

EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES 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 »

HAPPY NEW YEAR !!! (I THINK)

Happy New Year! We have much to talk about this year as we push forward. By all accounts, the economy, the dollar, the foreclosures, the job situation etc are all getting worse by the minute. Even if Obama is a magician it will be 2 years before there is a glimmer of hope. The homeowner …

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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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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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