In practice, this surfaces as a demand letter, affidavit or assignment or other document used by the pretender lender to establish its case. The path to defeat of the homeowner is paved when they fail to object to the introduction of these documents as anything other than an allegation that raises a question of fact. […]

Tags: 6th Amendment, affidavits, allonge, assignment, Briscoe v. Virginia, demand letter, FOUNDATION, law firm, limited signing officer, Melendez-Diaz v. Massachusetts, MERS, personal knowledge, reports, service mills, servicing company, Supreme Court, voir dire, witness
Posted in bubble, Corruption, Eviction, securities fraud |

The signature comes from people who  justifiably relied upon hundreds of years of banking tradition that identified lenders as risk averse. Unknown to the homeowner is that these parties were not risk averse. They were risk indifferent because the capital to fund the loan came from the other side of the securitization chain from institutional […]

Posted in bubble, Corruption, Eviction, securities fraud |

“Americans must be told the full story of how Wall Street gamed and inflated the housing bubble, made out like bandits, and then left millions of households in ruin. Without that reckoning, there will be no public clamor for serious reform of a financial system that was as cunningly breached as airline security at the […]

Tags: bailout, Citi, Ferdinand Pecora, financial system, Frank Rich, Geithner, Gretchen Morgenstern, housing bubble, Katrina Brooker, Llyod Blankfein, Mortgage, Mother JOnes, New York Times, paul Volcker, Phil Angelides, profits, Rubin, securitization, Summers, Warren Buffett
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Baltimore decided to take on one of the worst “Club 100” players in the mortgage meltdown, Wells Fargo. The thrust of their argument is that Wells Fargo targeted poor people and made a bad situation worse, causing collateral damage all over the city. Baltimore will now file a narrower amended complaint, but the […]

Tags: Baltimore, John p. Relman, Judge J. Frederick Motz, Michael, New York Times, Powell, securitization, subprime mortgages, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to […]

Tags: administrative order, discovery, Florida, forensic analysis, intake form, interrogatories, mediation, request to produce, Supreme Court, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

Thanks to Gator Bradshaw Editor’s Comment: Like I said, the investors and the homeowners have a lot of interests in common. When they finally get together and compare notes, they find a giant donut hole where assets or money were supposed to be. The amount of theft or undisclosed fees and profits staggers the imagination. […]

Tags: CalPERS, conflict of itnerest, Donald Bradshaw, fiduciary, fraud, lawsuits against servicers, pooling and service agreement, PSA, securitization, servicers, syndicate, toxic mortgages
Posted in bubble, Corruption, Eviction, securities fraud |

more than 8,000 appraisers – roughly 10 percent of the industry – have signed a petition asking the federal government to take action. “There are a lot of people who have refinanced for more than their homes are actually worth and they’re effectively already upside down even without a real estate bubble bursting,” said Callahan. […]

Tags: Appraisal, Appraisal Institute, CNN, fraud, National Mortgage Complaint Center, Sarah Max
Posted in bubble, Corruption, Eviction, securities fraud |

THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file […]

Tags: BOND, civil procedure, Florida, Florida Bar ethics, FLORIDA DEFENSE TEAM, Florida Rules of Judicial Administration Rule 2.060(f), Florida Statute 454.20, foreclosure, foreclosure defense, foreclosure offense, NON-RESIDENT COST BOND, trustee, TRUSTS
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Comment: Any lawyer who does not think that issues relating to foreclosure will not dominate his or her practice of law is in a state of denial and delusion. The 16% drop in new home-sale contracts (see article below) means a similar or worse drop in sales over the next 30-60 days. As we […]

Tags: ARIZONA, creditors, deficiency, FICO, home values, homeowner, inflated mortgages, lenders, mortgage modification, National Assocation of Realtors, principal reduction, short sales
Posted in bubble, Corruption, Eviction, securities fraud |

In the complaint, the plaintiffs’ lawyers contend that Credit Suisse and Cushman & Wakefield conspired by setting up a Cayman Islands branch to circumvent federal law on real estate appraisals. Credit Suisse knew the resorts would most likely default under the weight of inflated values, which would allow the bank to take ownership as agent […]

Tags: appraisal fraud, audit, Credit Suisse, disclosure, foreclosure defense, foreclosure offense, fraud, inflated values, inflation, Lender Liability, predatory lending
Posted in bubble, Corruption, Eviction, securities fraud |