The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff […]

Tags: accounting, assignment, Assignment and ASsumption Agreement, BURDEN OF PROOF, civil procedure, cut-off date, default, delivery, discovery, due process, fraud, indorsement, party seeking affirmative relief, Pleading, PSA, re-orienting the parties, third party payments, TILA, transfer, yield spread premium
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud |

Submitted by Abby: MORE FRAUDSTERS CAUGHT BY CALIF ATTY GENERAL BROWN!!! News Release June 09, 2010 For Immediate Release Contact: (510) 622-4500 Contact: Christine Gasparac or Evan Westrup, (510) 622-4500 Christine.Gasparac@doj.ca.gov or Evan.Westrup@doj.ca.gov Print Version Three More Suspects Nabbed in Million-Dollar Bait-and-Switch Home Refinance Scam LOS ANGELES – In a continuing probe into a defunct […]

Tags: ALG Capital, attorney general, bait and switch, Brown, HERS, Inc., Joseph Nguyen, Matthew Bourgo, mortgage brokerage, notary, Sean McConville, Thousand Oaks, Woodland Hills
Posted in bubble, Corruption, evidence, expert witness, foreclosure mill, securities fraud |

Submitted by Charles Koppa The auctioneer represents the “beneficiary” in the sale.. If there is a “reserve amount minimum” (see below) the auctioneer actually bids up as agent for the unnamed beneficiary! The recipient “beneficial trust” is finally publically identified and documented by the Foreclosing Trustee in the recorded Trustees Deed Upon Sale.  Try to find a […]

Tags: Auction, auctioneer, Back to Beneficiary, beneficial trust, beneficiary, due process, foreclosing trustee, HERS, lack of notice, notice, party in interest, reserve amount minimum
Posted in bubble, Corruption, evidence, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s note: I think the standards used here apply to ALL private actions for appraisal fraud. With appraisal fraud proven, virtually all lending statutes are proven to have been violated. Appraisal fraud lies at the root of the mortgage mess with its sister, ratings fraud. Both are appraisals and both are ratings. Both were designed […]

Tags: 2010 NY Slip Op 04868, Appraisal, appraisal standards, Appraisal Standards Board of the Appraisal Foundation, Cuomo, deceptive and illegal business, eAppraiseIT, FIERRA, Financial Institutions Reform, First American Corporation, First American eAppraiseIT, fraudulent, GONZALEZ, HERS, HOLA, Home Owner’s Lending Act of 1933, Inc., inflate a property’s market value, Lender’s Service, New York, Office of Thrift Supervision, OTS, P.J., People v First Am. Corp, preemption, Recovery and Enforcement Act of 1989, Supremacy Clause, target loan amount, Title XI, USPAP, WAMU, Washington Mutual
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Pleading, securities fraud |

Submitted by VivianJ 2010/06/08 at 6:55 pm Finally got on the list. A servicer, (not on the deed of trust) tried to execute a power of sale. Thanks Neil for your wonderful posts. I’ve been reading for months. I showed up. Spoke to the ‘appointed’ trustee. Said, according to your appointment you have the Deed […]

Tags: after the sale, attorney general, Fruad, servicer, trustee, wrongful foreclosure
Posted in Corruption, evidence, foreclosure mill, securities fraud, Servicer |

Submitted by Charles Koppa. 6/9/2010 Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things: CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount […]

Tags: Auction, bookkeeping trust, credit bid, fabricating documents, foreclosure, foreclosure sale, fraudulent foreclosure, Identification Numbers, Lehman Brothers, MERS, MIN, NOD, NOTS, OREO, property records, REO, sale, servicer
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The bottom line is that none of these signors of affidavits have ANY personal knowledge regarding any document, event, or transaction relating to any of the loans they are “processing.” It’s all a lie. In a 35 hour workweek, 18,000 affidavits per month computes as 74.23 affidavits per JPM signor per hour and 1.23 per […]

Tags: accounting, affidavits, Chase Home Financial, Cotrell, Deposition, HERS, JP Morgan, JPM, personal knowledge, third party payment
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Servicer |

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY FTC v Countrywide Home Loans Incand BAC Home Loans ServicingConsent Judgment Order 20100607 Editor’s Comment: This “tip of the iceberg”  is important for a number of reasons. You should be alerted to the fact that this was an industry-wide practice. The fees tacked on illegally during […]

Tags: Appraisal, Bank of America, bo-doc, california foreclosure, countrywide, delinquency, excessive fees, Federal Trade Commission, feeder originators, fees, FTC, interest rates, investors, loans, Merrill Lynch & Co., mortgage backed securities, Notice of Default, Notice of Sale, points, Quicken, underwriting
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented […]

Tags: Assign, Cole, DEED OF TRUST, Deutsch, evidence, foreclosure, Goforth Props, HERS, HOLDER, Home Equity Theft Reporter, In re Foreclosure of Brown, indorse, make payable, Mortgage, North Carolina, Novestar Mortgage, payable, photocopy, power of sale, promissory note, Smith, Soundview, Soundview Home Loan Trust 2005-4 (`Lender’).”, transfer
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, Pleading, Servicer |

6 05 10Injunction-Stopping-ALL-Foreclosure-Proceedings-by-Bank-of-America-Rec-on-Trust-Home-Loan-Servicing-Et-Al1 Bombshell – Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing et al Today, June 06, 2010, 2 hours ago | Foreclosure Fraud (St. George, UT) June 5, 2010 – A court order issued by Fifth District Court Judge James L. Shumate May 22, 2010 in […]

Tags: Amir Shlesinger, Bank of America, Esq, HERS, Home Loan Servicers, John Christian Barlow, Judge James L. Shumate, LLP, Loyola University of Chicago, ReconTrust, Reed Smith, Richard Ensor, Sean D. Muntz, Utah, Vantus Law Group
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, Servicer |