As Danielle Kelley, Esq. (Tallahassee) has repeatedly predicted, the trial modification practices of the big banks are getting them into hot water. Scenarios vary. But one typical scenario  is that the trial modification is “approved” (which under current law means that it has been through underwriting) and the borrower makes the trail payments. Then the […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Corvello V Wells Fargo Bank, Danielle Kelley, permanent modification, present value, trial modification, Wells Fargo
Posted in Corruption, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of […]

Tags: authority to represent, REAL PARTY IN INTEREST, securitization, standing, Wachovia, Wells Fargo, World Savings Bank
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

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 |

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to […]

Tags: Bill Paatalo, DDan Edstrom, default, MLN, Mortgage Lenders Network, Ponzi scheme, Pooling and Servicing Agreement, RESPA, Servicer advances, tier 2 yield spread premium, TILA, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

As I predicted in 2009, the number of cases where foreclosure had been simply dismissed without further action has increased exponentially. The homeowner is normally afraid to take any proactive stance for fear of awakening the giant who will then respond by filing another foreclosure. Some of these cases are as much as 10 years […]

Tags: dismissal of foreclosure, NULLIFICATION OF INSTRUMENT, quiet title, statute of limitations on foreclosure
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

Danielle Kelley, Esq. is getting corroboration on trial modifications from lawyers and other professionals assisting homeowners all over the country. She is bearing down hard on situations where the homeowner enters into the trial modification, complies with all the terms, and then is faced with a unilateral decision by the bank to foreclose anyway. Decisions […]

Tags: LOAN MODIFICATION, oral modification, trial modification, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Having now personally participated in the “expedited” processes that are now invoked in many states, it has become apparent that they are all deficient. Citizens who find themselves in the court system are fast losing faith that it is a rubber stamping system if they are accused of anything, and an obstacle to justice if […]

Tags: assumption of risk, due process, EQUAL PROTECTION, foreclosure defenses, pick a payment loans, rocket docket, teaser loans, undue process
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  I started thinking about different procedural matters that are the likely subject of objections that could be sustained by a trial judge and would most likely be affirmed by an appellate court. As for the authority of the BKR judge, the appropriate objection would seem to be that the court is not really a […]

Tags: foreclosure defense
Posted in Corruption, Fabrication of documents, foreclosure defenses, Foreclosure Questions |