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 |

I’ve talked about this before. It is why we offer a Risk Analysis Report to Community Banks and Credit Unions. The report analyzes the potential risk of holding MBS instruments in lieu of Treasury Bonds. And it provides guidance to the bank on making new loans on property where there is a history of assignments, […]

Tags: BANK REGULATION, community banks, credit unions, FDIC, Federal reserve, insurance, MBS, OCC, OTS, reserves at small institutions, risk analysis report, SEC
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

An ordinary individual finds a sack of promissory notes, and you might expect him to try to locate the owners of those notes. After all they are the equivalent of cash. But the banker sells the stolen notes with false assignments, insures them, gets them guaranteed with payment proceeds to himself and then settles with […]

Tags: affirmative defenses, answer, existence of the debt, financial injury alleged, foreclosure defense, jurisdiction, pleading requirements for foreclosure, proving annegative
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Thanks to all who inquired about my health. I am fine. Just busy with cases getting ready for trial. Recent trends show a number of things. First, more actual judgments are being rendered in favor of borrowers. Sometimes, it is procedural, like the statute of limitations that limits actions to 5 years in Florida. But […]

Tags: DAVID STERN, foreclosures, Guarantee of title, Marshall Watson, mortgage modification, mortgage scams
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

Matt Weidner reports that he went to court on a case where IndyMAc was the plaintiff. IndyMac was one of the first banks to collapse. It was found that they owned virtually zero mortgages and had “securitized” the rest which is to say they never loaned the money or got paid off by a successor. […]

Tags: Bank of America, Chase, Citi, creative criminals, indictments, INDYMAC, Matt Weidner, mortgage bond fraud, mortgage note fraud, Ponzi scheme, pretender lender, Wells
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, Servicer |

Selecting a forensic analyst or a lawyer to represent you in a mortgage dispute. You need to look at their credentials rather than listen to their sales pitch. And you need people who really believe that you can and SHOULD win. For our services and products call our customers service numbers at 520-405-1688 on the […]

Tags: Duvall PAtrick, false claims of securitization, forcing modifications, GREENSPAN, identity theft, Massachusetts, money trail, paper trail, substance over form, WORKOUTS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

““The words PONZI SCHEME and FRAUD applied to the mortgage meltdown has been largely dismissed by policy makers, law enforcement and regulators. Instead we heard the terms RISKY BEHAVIOR and RECKLESSNESS. Now law enforcement has finally completed its investigation and determined that those who set the tone and culture of Wall Street were deeply involved […]

Tags: appraisal fraud, benefit of the bargain, defective mortgages, exemplary damages, fraud, Libor, market manipulation, pattern of behavior, Ponzi, punitive damages, TILA, treble damages
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

For assistance with your mortgage go to www.livingliesstore.com or call 520-405-1688. Remember these issues not only apply to homeowners not paying their mortgages. They apply to everyone who has a mortgage or who has acquired title from someone who had a mortgage that was subject to claims of securitization. Lenders and buyers can get a […]

Tags: business records exception, dismissed with prejudice, dismissed without prejudice, foreclosure, Garfield, Garfield Gwaltney Kelley and White, GGKW, judge's discretion, livingliesstore, rules of civil procedure, statutes on evidence
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |