There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
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Editor’s Note: This is what we are hearing about. What about the settlements that go unreported? The number of settlements that are off-record (unreported) is unknown but suspected to be very high. [One of the reasons why it is SO important to get the true CURRENT status of the SPV and the true FULL accounting […]

Tags: $600 million, 07-05295, accounting, allocation to the borrower's principal balance, balance due, capital pool, Central District of California (Los Angeles)., Citigroup Inc, class-action lawsuit, Countrywide Financial Corp, Countrywide underwriters, creditors, David E. Rovella, Dean Kitchens, defense of payment, Edvard Pettersson, foreclosure suits, Goldman Sachs Group Inc, HERS, In re Countrywide Financial Corp. Securities Litigation, investors, Jef Feeley, Jennifer Bankston, JPMorgan Chase & Co, Judge Mariana Pfaelzer, KPMG LLP, Labaton Sucharow LLP, monthly statements, Mozilo, New York retirement funds, notices of default, notices of delinquency, notices of sale, payment as a defense, pretender lenders, principal balance, settlements, Shirley Norton, The Daily Journal, U.S. District Court, U.S. Securities and Exchange Commission
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33-809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale A. A person desiring a copy of a notice of sale under a trust deed, at any time subsequent to the recording of the trust deed and prior to the recording of a notice of sale pursuant thereto, […]

Tags: 33-809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale, beneficiary, foreclosure, judicial sale, NON-JUDICIAL SALE, post foreclosure, Request for Notice, trustee, Trustor
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Most “Trustees” or Substitute Trustees get a package from some unknown source with everything already prepared and instructions to proceed. That is the exact opposite of the protections intended by the legislature in this statute under Arizona law. Your state is probably the same. 33-803.01. Trustee of trust deed; delegation of duties A. A trustee […]

Tags: 33-803.01. Trustee of trust deed; delegation of duties, cancellation of notice of sale, clerical or office staff employed by the trustee, Delegate, delegation of duties, notice of trustee sale., preparation and execution, trustee's deed upon sale, TRUSTEES, under the trustee's direct and immediate supervision
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Leo II bgitt47@verizon.net 2010/04/25 at 12:26 am Editor’s Note: I believe Leo is right. These suits allege that the SPV do not own the loan portfolios. They also allege directly that the Trust Assets included insurance — payments from credit default swaps. Two revealing lawsuits filed against Goldman-Sachs that I believe further support arguments that […]

Tags: Blankfein, credit default swaps, Goldman, insurance, Leo II, Shareholders, SPV, TRUSTS
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If you have a GSAMP securitized loan you might want to pay particular attention here. In fact, if you ever had a securitized loan of any kind you should be very interested. Hudson Mezzanine: The use of the word “mezzanine” is like the use of the word “Trust.” There is no mezzanine and there is […]

Tags: ABACUS 2007-AC1, Altius I, Anderson Mezzanine 2007-1, Bank of America, Broadwick, Carl Levin, conduit entity, conventional mortgage, Everest Management, Fortius I, Gary Kopff, Goldman Sachs, Goldman Sachs Conveyor Belt, GSAMP, GSAMP securitized loan, HERS, Hudson Mezzanine, insurance, Lloyd C. Blankfein, markdown, Mezzanine, Michael Swenson, mortgage researcher, mortgage trader, negative bets on housing, Peleton Partners, Securities and Exchange Commission, Senators, sub-prime mortgages, Timberwolf I, trust
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DON’T TAKE ANYTHING FOR GRANTED. Just because the NAME WELLS FARGO APPEARS, IT MIGHT NOT BE QUALIFIED. If the entity named is a Wells Fargo subsidiary or other entity that is NOT a bank or other institution described here, then they can’t be a trustee. If they can’t be a Trustee, the Trust deed is […]

Tags: conflict of interest, judicial foreclosure, nominee beneficiary, non-judicial foreclosure, qualifications of trustee, Substitution of Trustee, trustee, Wells Fargo
Posted in Corruption, Eviction, securities fraud |

“a ‘thing’ which has no purpose, which is absolutely conceptual and highly theoretical and which nobody knows how to price.” Editor’s Note: Think about it. The foundation of the supply of money that was pressure pumped into our economic housing system resulted in inflation of home appraisals. It was so large that everyone thought the […]

Tags: ABX, appraisers, Fabrice "Fabulous Fab" Tourre, foreclosure sale, free house, Goldman Sachs, Great Depression, Gregory White, rating agencies, Scandals, SEC, Times of London., Tourre, Wall Street
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Editor’s Note: Now the truth as reported here two years ago. There were no losses. They were making money hand over fist. And this article focuses only on a single topic — some of the credit default swaps — those that Goldman had bought in its own name, leaving out all the other swaps bought […]

Tags: ABACUS 2007-AC1, bonds, borowers, check-kiting, David A. Viniar, default, Eric Kolchinsky, Federal Deposit Insurance Corporation., financial crisis, Financial Crisis Inquiry Commission, Fitch, fraud, Gary D. Cohn, Goldman Sachs, GRETCHEN MORGENSON, HERS, John A. Paulson, Kolchinsky, lenders, lending, Lloyd C. Blankfein, losses, Louise Story, Moody's, mortgage backed securities, Office of Thrift Supervision, operating agreement, OWNERSHIP of the loan pool, Ponzi, Securities and Exchange Commission, selling forward, Senate Permanent Subcommittee on Investigations, SEWELL CHAN, sham, shares, special purpose vehicle, Standard & Poor's, swaps, trust, trustee, Washington Mutual
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The statute says that the trustee mails the notice to all affected parties at least three months before the sale date. In a non-judicial sale, then, ALL parties having a potential stake in the outcome must be notified. This is the only way the statute can be constitutional. It’s not up to the Trustee to […]

Tags: 33-820. Trustee's right to rely; attorney's right to act for trustee and beneficiary, beneficiary, DEED OF TRUST, good faith, trustee
Posted in Corruption, Eviction, securities fraud |