Thanks to the folks at Blog Talk Radio, we are finally going back on the air on a weekly basis every Thursday at 6PM Eastern Time, 3PM Pacific Time, and if there is no operator error (that would be me), the shows will be saved as Podcasts and you can listen to them anytime you […]

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

In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving […]

Tags: borrower default, business records, co-obligors, cross examination, insurance, MLN, Mortgage Lenders Network, Servicer advances, servicer default, voir dire, Wells Fargo
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic […]

Tags: Auction, Bill Paatalo, credit bid, default, foreclosure sale, Notice of Default, Notice of Sale, redemption, reinstatement, standing
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Editor’s Note: In answer to the many inquiries we get, I am ONLY licensed in the State of Florida. The reason you see my name pop up in other states is that I am frequently an expert witness and trial consultant on cases, working for the lawyer who is licensed in that state. My law […]

Tags: accounting, CALIFORNIA, Chase, Florida, loan level accounting, sanctions against banks, securitization report, Servicer advances, title report, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

When I first got into this mortgage mess I called counsel for Aurora on a foreclosure case pending in California. I asked him how the currently self-designated entity pursuing foreclosure could justify its actions. His answer was “we are the holder.” So I asked him again why a company that has no financial stake in […]

Tags: appraisal fraud, Daiwa Products, Davis vs. West, for value, Inc. v Nationsbank, Kind v Gittman, N.A, U.S. v Second National Bank of North Miami, UCC 3-305
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out […]

Tags: ABN AMRO, Access Mortgage, Citi, Citimortgage, CPCA Trust 1, docket, Fannie, First National, Freddie, Ginny, IRS AMNESTY, LaSalle bank, MERS, note holder, REMIC, securitization, VA
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them […]

Tags: assignment of rents, Dade County, default, investment banker, non stop servicer advances, pooling, Pooling and Servicing Agreement, Prospectus, PSA, Servicer advances, Title and Securitization Report, trust beneficiaries, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

‘The bottom line is that the notice of substitution of Plaintiff in judicial states, or notice of substitution of Trustee in non-judicial states should be the first line of battle. Neither one of them is valid and in both cases you have a stranger to the transaction being allowed to name itself as creditor, name […]

Tags: ABN AMRO, Bank of America, BOA, Citi, Federal reserve, judicial foreclosure, LaSalle bank, Motion to Strike Notice of substitution of Plaintiff, non-judicial foreclosure, Notice of Substitution of Plaintiff, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Shack Blasts Chase, Fannie Mae for Bad Faith on Wamu Merger It is obvious that documents were produced for Shack to issue these rulings. The affidavits to which he refers should be obtained in their entirety. There is lots to take away from this decision, but most important, is that Chase never acquired the loans […]

Tags: American Brokers Conduit, assignment of rents, Chase, Chase-Wamu merger, contribution, Fannie MAe, FDIC, Freddie Mac, TILA, UNJUST ENRICHMENT, WAMU, Washington Mutual
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |