The following message and article brings up questions that I have been receiving with increasing frequency as homeowners, their forensic analysts and attorney dig further and further. They are following the money and coming up with the fact that servicers are advancing payments to investors when the borrower stops paying. In fact, they advance those […]

Tags: monthly payments, securitized loans, servicer, UCC
Posted in Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

Forbes has taken notice. There is a shift toward borrowers in mortgage litigation. The decision points back to the origination of the loan. This decision follows a similar decision in the 4th circuit. It all comes down to what actually happened at closing? And we don’t actually know if the decision to allow rescission indefinitely […]

Tags: banking, foreclosure defense, rescission, TILA, truth in lending
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

BUSINESS DAY | Five Years Later, Poll Finds Disapproval of Bailout The simple answer is yes, there will be another bailout attempt and it appears likely that the Banks will continue to confuse things enough so that it again happens only “this time” there will be some “stern regulations”. The reason is not some esoteric […]

Tags: bailout, Fannie MAe, Federal reserve, Freddie Mac, U.S. Treasury
Posted in bubble, Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

Writing with the flu. Despite symptoms and medication that makes me dizzy, I feel compelled to write about something that is getting traction out there. The more you look at the false claims of securitization the more it stinks. We are dealing with a system that is based on really big lies. I’m sure our […]

Tags: law of contracts, mortgage backed securities, mortgage litigation, recording defective mortgages, REMIC TRUST, securities fraud, trustee
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Internet Store Notice: As requested by customer service, this is to explain the use of the COMBO, Consultation and Expert Declaration. The only reason they are separate is that too many people only wanted or could only afford one or the other — all three should be purchased. The Combo is a road map for […]

Tags: authority of servicer, california foreclosure, delay tactics, discovery, florida foreclosure, forensic analyst, Glaski Case, legal representation, litigation support, livingliesstore.com, money trail, paper trail, preservation letter, PSA, Reports and Analyses, securitization, UCC
Posted in Corruption, Eviction, evidence, expert witness, securities fraud, Servicer |

It is now common knowledge that subservicers are continuing to pay investors and reporting the loan as “performing” after they have sent a default and right to reinstate notice as required by the mortgage (usually paragraph 22) and by the uniform debt collection laws. The first problem about this is that the actual creditor does […]

Tags: default, mortgage bonds, mortgages, payments, Servicing
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Call 520-405-1688  for West Coast legal Representation and 954-495-9867 for East Coast legal Representation AND 850-765-1236 for Northern Florida Representation Educate Yourself and Your Lawyer: Purchase Memberships, Books, Services from our Online Store Customer Service West Coast 520-405-1688 East Coast 954-495-9867 GET HELP!!! As I have previously stated on these pages the changes in the […]

Tags: account receivable, BID, BOND receivable, cash bid, credit, credit bid, creditor, foreclosure auction, Investor, note receivable, strategy of delay
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Servicer |

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]

Tags: company witness, credibility, debt, evidence, expert declaration, New York trust, personal knowledge, Reg Z, REMIC, TILA
Posted in Corruption, Eviction, evidence, expert witness, Servicer |

Mellon Bank v Shaffer Ohio Appeals Ct Says You can’t Fix Jurisdiction In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed. This could have substantial effects on non-judicial states […]

Tags: Accounts Receivable, assignment, Bank of New York Mellon trust Company, Bank of New York trust company, BOND receivable, J.P. Morgan Chase Bank, jurisdiction, note receivable, ownership of the debt, third-party mitigation payments, wrongful foreclosure
Posted in Corruption, Eviction, expert witness |

There many ways to win a case, so what I am saying in this article should be taken in the context of a larger reality where lawyers are winning hearings and winning the entire case using their own style, strategies and tactics. And it is equally true that any case management plan, regardless of the […]

Tags: discovery, LITIGATION, mortgages, Motion Practice, trial practice
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |