TILA audit

CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!"

I agree completely. She proposes a revolution of sorts of simply not leaving. No reason to since the people who foreclosed didn’t have any right to do so. You never owed them a penny and the investors who put up the money never saw a penny even after foreclosure. griffin.mortgage.squatting.cnn?iref=videosearch <script src=”http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=dom&vid=/video/us/2009/01/30/griffin.mortgage.squatting.cnn” type=”text/javascript”></script><noscript>Embedded video from …

CNN Today: Toledo Ohio Congresswoman Marcy Kaptur Gets It: "Don't Leave Even After Foreclosure. Property Law Protects You!" 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 …

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

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 »

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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Swindlers Find Growing Market in Foreclosures

January 15, 2009 Swindlers Find Growing Market in Foreclosures By JOHN LELAND As home values across the country continue to plummet, the authorities say a new breed of swindler is preying on the tens of thousands of homeowners desperate to avoid foreclosure. Until recently, defrauders tried to bilk homeowners out of the equity in their …

Swindlers Find Growing Market in Foreclosures Read More »

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 …

WHY WALL STREET ALWAYS BLOWS IT (and where the money went) Read More »

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 …

State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation” Read More »

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 »

Trustee for Investors: Powers and Limitations (with livinglies annotations)— Critical in Your Presentation in Court

The complete Trustee powers from a standard Pooling and Servicing agreement: Section 8.01 Duties of the Trustee. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth …

Trustee for Investors: Powers and Limitations (with livinglies annotations)— Critical in Your Presentation in Court Read More »

California: Bankruptcy Discharge of Mortgage Indebtedness: Bank did not rely on the Debtors representations concerning their income or that its reliance was not reasonable based on an objective standard.

From Comments: Literally 2 years out of Bankruptcy we were granted an 80/20 loan on stated income. I found that our appraiser, has had his license revoked for multiple violations including inflation of a property within 20 blocks of our residence. Furthermore, it was determined that an appraisal review fee was paid to First Franklin …

California: Bankruptcy Discharge of Mortgage Indebtedness: Bank did not rely on the Debtors representations concerning their income or that its reliance was not reasonable based on an objective standard. Read More »

Motions for Summary Judgment: Just the Facts Ma'am

Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a “summary judgment” on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court’s docket contradicting their allegation. The motion is set for a hearing on January 6th which …

Motions for Summary Judgment: Just the Facts Ma'am Read More »

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 …

Beware Those Loan Modifications! They are Trap Doors for "lenders" benefit not yours!!! Read More »

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 …

articles dating back as far as the year 2002 where critics contended that mortgage securitization facilitates “predatory” lending and misleading disclosures Read More »

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 …

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

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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WORKSHOPS COMING UP 8 CA CLE & 9.5 FLA CLE CREDITS

PLEASE SUPPORT THIS SITE !!! donation-form-1108 Florida Bar Approves Garfield Continuum for 9.5 CLE Credits Lawyers Workshop Registration Form – November 2, 2009 Homeowners Workshop Registration Form – November 1, 2009 What Lawyers Are Saying About Neil Garfield\’s Seminars covered-in-the-garfield-continuum-workshops-you-can-look-this-stuff-up-in-wikopedia REQUIRED READING: 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 Work and Play in Sunny Clearwater Beach FL How to Save $$ while attending Garfield Event(s) Clearwater …

WORKSHOPS COMING UP 8 CA CLE & 9.5 FLA CLE CREDITS Read More »

Livinglies Discovers where the documents and emails are kept by whom

It was only a matter of time. This is probably the tip of the iceberg. index.htm “Autonomy ZANTAZ is renowned for its blue chip customer base including diverse and global corporations ranging across industry sectors and geographies, including banking, insurance, pharmaceutical, medical products, biotech, healthcare, entertainment, energy, law firms and litigation services. Furthermore, US and …

Livinglies Discovers where the documents and emails are kept by whom Read More »

Executive Accused of Mortgage-Securities Scheme – EVERYONE HAS BEEN PAID AT LEAST ONCE, 100 CENTS ON THE DOLLAR, PLUS FEES AND PROFITS. NOW THEY WANT YOUR HOUSE TOO. ARE YOU GOING TO LET THAT HAPPEN?

DECEMBER 12, 2008 Editor’s Note: They would have us believe that this was an exception to the rule. It wasn’t. In fact this WAS the rule. The reasons why Wall Street was awash in money were (a) they were successfully selling unregulated securities under false pretenses and false ratings and (b) they pressured guys like …

Executive Accused of Mortgage-Securities Scheme – EVERYONE HAS BEEN PAID AT LEAST ONCE, 100 CENTS ON THE DOLLAR, PLUS FEES AND PROFITS. NOW THEY WANT YOUR HOUSE TOO. ARE YOU GOING TO LET THAT HAPPEN? Read More »

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