Whether it is on voir dire, which is a limited examination before the witness testifies to determine the legal competency of the witness, or on actual cross examination, the object is to bring out facts that are helpful in making your case or defending your position. When I teach cross examination, I refer to the […]

Tags: cross examination, foreclosure trials, hearsay, lack of foundation, leading question, objections at trial, triads, voir dire
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

It is easy to think of the mortgage meltdown as a period of time in which the banks went wild. Unfortunately that period of time never ended. They are still doing it. The level of sophistication it takes to do the kinds of things that banks have been doing for the last 20 years is […]

Tags: Barclays (BCS), Citigroup (C), Deutsche Bank (DB), foreign exchange, forex, HSBC, JPMorgan (JPM), mortgage loans, RBS, subprime, UBS, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Among the many insurance companies that paid off loans or assets based on loans, MGIC. Off 2400 loans a month of January alone, which appears to be virtually all residential mortgages. Press the reason that nobody is paying any attention to this is that normally the insurer acquires the claim through a legal process called […]

Tags: credit default swaps, mortgage insurance, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Maybe it is true that some of the earlier attorneys for the banks were caught by surprise when they learned of fabrication of documents, unauthorized signatures and of course Robo signing. In this case lawyers from the state of Maine face possible discipline for their failure to take appropriate action in over 100 cases. This […]

Tags: Drummmond and Drummond, GMAC MORTGAGE CORPORATION, Jeffrey Stephan, Maine Bar Association, Paul Peck, robosigning
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was […]

Tags: Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, Bank of America, ever bank, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., MOTION TO DISMISS, Urban Lending Solutions
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

Zerohedge.com notes that JP Morgan has cornered the market in gold derivatives. They ask how the CFTC, who supposedly regulates the commodities markets could have let this happen. I ask some deeper questions. If JPM has cornered the market on those derivatives, is this a reflection that they, perhaps in combination with others, have cornered […]

Tags: broker dealers, gold, gold derivatives, Goldman Sachs, investment banks, JP Morgan, REAL PARTY IN INTEREST, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for […]

Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

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 |

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 |