From M Solimon: {Editor’s Note: Lots more here than meets the eye. You want to know what ledger entries were made by each entity and by what individuals and under whose supervision or instructions the entry was made. Besides being able to trace the holder in due course you will probably eliminate most of their […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, RICO, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

“The way mortgages are bundled and resold, it can be enormously time-consuming just trying to determine what company holds the loan on a property thought to be in foreclosure.” Susan Saulny of the NY Times gets credit for her story on the front page today. It points out what we have been saying here all […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

By the METHOD of pooling and tranching, they converted from negotiable to non-negotiable instrument. (Article VIII UCC). That means that upon transfer the recipient of the payment is satisfied in full and a new obligation arises between the seller and buyer separate and apart from the borrower. Further, the method calls for the proceeds of […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

BOTTOM LINE: Use of a nominee causes an irreconcilable cloud on title entitling the homeowner to recovery on his homeowner title insurance policy. If homeowners purchased title insurance, they were at the same time in the same closing agreeing that the names of MERS and Countrywide would be used, for example, but that off-record activity […]

Tags: borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, trustee, Wells Fargo
Posted in bubble, Corruption, Eviction, Modification, securities fraud |

As reported in the Florida Bar News dated March 1, 2009, The Supreme Court of Florida has received a petition to require foreclosure mediation. The article by Mark D Killian, managing editor states “Contending that prejudgment mediation could save more than 130,000 Florida homes from foreclosure  and assist more than 360,000 borrowers,” the plan is […]

Tags: borrower, foreclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, RESPA, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

it follows that the investors are the ONLY parties with standing to make any claim on the mortgage, note or obligation. But they won’t make that claim because of the exposure to risk that could leave them with even more loss than the current loss on their investment. This leaves trillions of dollars in unclaimed […]

Tags: bailout, borrower, countrywide, disclosure, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, fraud, mortgage meltdown, rescission, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

“Our position is that the mortgage with IndyMac is toilet paper — it has no legal standing,” March 8, 2009 Mortgage Fraud Case Poses Federal Quandary By MICHAEL POWELL Waver Brickhouse, gray-haired and soft-spoken, has come undone twice during the nation’s housing crisis. In 2005, she fell behind on her mortgage payments and turned to […]

Tags: borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud |

From one of our more sophisticated readers. see Comments ——————————- Obviously there are a lot of home owners in trouble. You need to warn them of a trap that has been set for them. I’ve given you some information concerning my case, but I would appreciate 5 minutes of “talk time” at your convenience. The […]

Tags: bailout, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

We are receiving numerous reports of “vulture” investors picking up MBS securities and where possible buying actual pools of mortgages for 8-10 cents on the dollar. The basic assumptions are two: (a) the securities and the mortgages, notes and obligations are worthless and (b) the government guarantees and willingness of borrowers to “modify” will result […]

Tags: bailout, borrower, Federal reserve, foreclosure defense, foreclosure offense, lenders, mortgage meltdown, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

submitted by NY Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that: (1) It is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud |