More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing […]

Tags: authority, decision-maker, Florida Modification, investors, mediation, modification, Mortgage, note, Obligation
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

In the secured offices (and network operations center) of this entity is the REAL STORY about the fraud being perpetrated upon the U.S. Court system and every post 2001 borrower, whether they are in distress or not. Here is where the system works its charms — from avoiding actual title reports, relying upon much less […]

Tags: duty to preserve evidence, evidence, fabircation of evidence, HERS, Kyle Lundstedt, Lender Processing Services, LPS, network operations center
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is […]

Tags: allegations, ARIZONA, authentication, burden proof, competent witness, due process, election of non-judicial sale, exhibits, FOUNDATION, judicial, judicial economy, lawsuit, NON-JUDICIAL SALE, objection to sale, prima facie case, PROOF
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE Today, May 25, 2010, 4 hours ago | Jeff Barnes May 25, 2010 A Montana Circuit Judge entered a preliminary injunction yesterday enjoining MERS, Recontrust, and Countrywide from undertaking any action to sell, encumber, or transfer the borrower’s property during the pendency of the […]

Tags: assignment, countrywide, Eric Hummel, fraudulent representation, HERS, Jeff Barnes, lawful assignment, MERS, Montana, notice of trustee sale., Preliminary Injunction, ReconTrust, TRO
Posted in Corruption, Eviction, foreclosure mill, Modification, securities fraud, Servicer |

Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. […]

Tags: assignments, Bayshore, debt, endorsements, HERS, MERS, Mortgage, note, Obligation, REAL PARTY IN INTEREST, standing
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 […]

Tags: Allocation of Third Party Payments, appraisal fraud, default, FICO, HERS, identity theft, Mortgage, note mortgage, Obligation, payments, principal, securities fraud
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

I’m told by some industry insiders that you can buy a piece of our loan for pennies on the dollar, much the same as NPR did when they wanted to track the money and documents through the securitization structure. That’s a good goal because it will give you “inside information” on what the pretender lenders […]

Tags: accountant, allocation to the pool, appraisal fraud, default, expert, forensic analyst, generally accepted accounting principles, individual loans in the pool, MBS holders, SECURITIZATION DOCUMENTS, third party payments, true balance of the obligation
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says […]

Tags: apparent authority, assignments, authorized, California Reconveyance, clouded title, default, fabricated, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“This will go on for a long time and a lot of people will be indicted,” “The government continues to show that it simply doesn’t understand how this market operated,” Editor’s Note: If you read this carefully, you get a flavor of how the derivative scam adventure involved everyone except its victims. Mind you, there […]

Tags: amnesty agreement, Andrew Young School of Policy Studies at Georgia State University, Baltimore lawsuit, Bank of America, Bank of America’s municipal derivatives division, Bartley Hildreth, BLOOMBERG NEWS, CDR, CDR Financial Products Inc., Charlie Anderson, Citigroup Inc, co- conspirators., courtesy bids, David Rubin, Dean Pinard, derivatives, Deutsche Bank AG, Dexia SA, Dominick Carollo, Doug Davis, Eden Prairie, Evan Zarefsky, Federal Bureau of Investigation, FGIC, FGIC Capital Market Services, Financial Industry Regulatory Authority, Financial Security Assurance, Finra, funnel, futures, GE, General Electric Co., GICs, Grant Whitaker, Gruer, guaranteed investment contracts, HERS, Hildreth, Image, Image at Sparks Steak House, indictment, Investment Management Advisory Group Inc., Johan Rosenberg, John Siffert, JPMorgan, Justice Department, Kevin Foster, kickbacks, Laura Hoguet, Lehman Brothers, Loughead, Mark Manchin, Martin Z. Braun, Merrill Lynch & Co., municipal, opaque debt investments, Options, Peter Grimm, Peter Loughhead, Phil Murphy, Pinard, PMI Group Inc., regulators, Robert Jones, Royal Bank of Canada, Rubin, Sam Gruer, Securities and Exchange Commission, sewer authority, Shirley Norton, Sound Capital, Sound Capital Management, Stallone, Steven Goldberg, swaps, U.S. District Court in Manhattan, UBS, Wachovia Corp, West Virginia, West Virginia School Building Authority, William Selway, Wolmark, Zarefsky, Zevi Wolmark
Posted in bubble, Corruption, expert witness, foreclosure mill, securities fraud |

SECURITIZATION If They Did It Right Sometimes it IS easier to prove a negative than a positive. Your opposition has far more facts than you do and in due process, should be required to prove them up into a prima facie case using real evidence from competent witnesses, with real documents that nobody played with […]

Tags: business records, CLOSING WITH BORROWER, CLOSING WITH INVESTORS, CLOSING WITH SECURITIZATION PARTICIPANTS, evidence, prima facie case, securitization, SUBROGATION, SUCCESSORS IN INTEREST, third party payments
Posted in foreclosure mill, Modification, securities fraud |