A misrepresentation is fraudulent if the maker (a) knows or believes that the matter is not as he represents it to be, (b) does not have the confidence in the accuracy of his representation that he states or implies, or (c) knows that he does not have the basis for his representation that he states […]

Tags: disclosure, George W. Mantor, Lender Liability, predatory lending, securitization, trustee
Posted in bubble |

NOTES ON HEARINGS W. David Merrill was sworn. He said that he worked for American Home Mortgage Servicing as a senior loan consultant working in mitigation, mediation, and litigation. Hence, the witness only entered the picture long after the loan was declared in default, a notice of default was served, and a notice of sale […]

Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

COMMENT FROM READER:  I received a printed copy from the Deutsche Bank, in reply to a complaint I filed against Deutsche Bank to Federal Reserve Bank New York. Title of the Page is “ROLE OF THE TRUSTEE IN THE US MORTGAGE MARKET” Under the TRUSTEE; It says ” Performs a variety of functions, among them […]

Tags: DEUTSCHE BANK
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, securities fraud |

One of the hardest things for people to get their minds around is how borrowers were defrauded. The nagging question keeps coming to mind “But you DID sign the loan and take the money, didn’t you?” Yes you did, but you did it because of a representation and virtual guarantee from several parties at the […]

Tags: appraisals, derivatives, loans, mortgage bonds, ratings
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Pleading, securities fraud |

6.29.10Bank-of-New-York-v-Michael-Raftogainis[1] Judge Todd also stated that additional discovery is to be produced when the foreclosure involves a securitization, lost note claims, or a holder in due course challenge (which may arise in the context of the purported assignment of a toxic loan to a securitized trust prior to the trustee of that trust instituting a […]

Tags: Bank of New York Mellon, Home Mortgage Investment Trust, New Jersey, securitization report, title report, William C. Todd
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, securities fraud |

“Trust me, I’m your friend.” “Hi! I want to be your Lender” (pretender lender) “I’ve got a great deal for you” “Here is the name of the underwriter of your loan.” “Here is the appraisal — it came in higher than your deal.” “You can rely on the appraisal” “It’s a 30 year loan” (1-6 […]

Posted in bubble, Corruption, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud |

I like this post from a reader in Colorado. Besides knowing what he is talking about, he raises some good issues. For example the original issue discount. Normally it is the fee for the underwriter. But this is a cover for a fee on steroids. They took money from the investor and then “bought” (without […]

Tags: accounting, ACTUAL RECEIVABLE, CREDIT EVENT, foreclosure, FORM 938, fraud, HERS, IRS, NOMINAL RECEIVABLE, ORIGINAL ISSUE DISCOUNT, REMIC, SERVICER FEE, taxes, Underwriter, WAMU, yield spread premium
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

This is what is scaring the big boys that are siphoning every penny out of every American citizen whether they own property or not. If the rush toward strategic defaults continues, it is quite possible that many people will get a large share of the transfer of wealth from poor to rich. The fact remains […]

Tags: strategic defaults
Posted in bubble |

Having just received the transcript on this case, I find that what the Judge said could be very persuasive to other Judges. I am renewing the post because there are several quotes you should be using from the transcript. Note the intimidation tactic that Plaintiff’s Counsel tried on the Judge. A word to the wise, […]

Tags: 07013084CI, assumptions, beyond a reasonable doubt, burden of prrof, business records, competency, due process, evidence, expert witness, florida judge, foreclosure defense, FOUNDATION, fraud, GMAC, hearsay, HERS, incompetent witness, motion for summary judgment, rules of evidence, securitization, Visicaro, witness
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

As some of you knew or probably have guessed, livinglies is a lightening rod for information. We have posts like the one below on the comments and emails sent with details that are neither for attribution or publication. In addition, several people in sensitive government positions use livinglies as a method of getting the real […]

Tags: anonymous, assignment with knowledge, Bernanke, receivables, REMMIC, short sales, transfer of wealth
Posted in bubble, Corruption, Eviction, evidence, expert witness, Modification, securities fraud |