I went to a hearing yesterday on the Bank’s Motion for Summary Judgment. The Motion had the usual deficiencies and the affidavit was, as usual, worthless because the witness failed to state any basis for personal knowledge. The attachments to the motion were absent. The Bank avoided the allegation that it ever made a loan […]

Tags: business records exception to hearsay rules, exceptions to hearsay, foreclosure, hearsay, motions in limine, OBJECTIONS, required notice on business records
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I have been receiving an increasing amount of mail and comments about whether foreclosure mills or foreclosure firms should be subject to bar discipline and whether they could be sued. The issue is complex. Here is my take—- If the lawyer is party to fabrication of documents, forgery, and subordination of perjury (knowingly proffering a […]

Tags: Bar grievances, legal malpractice, risk analysis report, threats of grievance, wrongful foreclosure
Posted in Corruption, evidence, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in […]

Tags: creditor, disclosure of exhibits, disclosure of witness, foreclosure, money trail, pretrial statements, rules of evidence, securitization, table funded loans
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner […]

Tags: accidental death insurance, damages, mortgage bond insurance, mortgage insurance, PMI, Sanctions, Wells Fargo
Posted in Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Corroboration of Basic Thread of Livinglies Blog: Banks are Claiming Assets That Really Belong to Investors From complexity to simplicity: the banks diverted title to the loans from the investors to their puppets — bankruptcy remote vehicles whose sole purpose was to act as though they were lenders or acquirers or aggregators of the loans. […]

Tags: Investors own the loan, ownership of loans, ownership of mortgage bonds
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“Two recent rulings — one in New York involving Bank of America and one in Massachusetts involving Wells Fargo — serve as examples. In the Wells Fargo case, a ruling on Sept. 17 by Judge William G. Young of Federal District Court was especially stinging. In it, he required Wells Fargo to provide him with […]

Tags: Bank of America, Fair Game, GRETCHEN MORGENSON, New York Times, Wells Fargo Bank
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether […]

Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing
Posted in Corruption, Eviction, foreclosure mill, Modification, Motions, 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 |

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 |

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 |