EDITOR’S NOTE: this is why I am encouraging attorneys to take cases involving foreclosure, even if the foreclosure itself is problematic. The FDCPA federal counterpart essentially states the same rules. These cases allow for damages and recovery of attorney fees that might aid in the cost of protracted litigation by a pretender lender. Most […]

Tags: business relationship, categorically, cell, cellular phones, collect a debt, collection, communicate, consumer, Debt Collection, emergency calls, exempt, exempted, exemption, express consent, factual allegations, foreclose, foreclosure, foreclosure action, landline, Mortgage, notice, phone, pre-suit, prerecorded, security interest, servicer, solicitations, telephone, telephone-solicitation
Posted in Corruption, Motions, Pleading, Servicer |

I keep getting inundated with creative arguments about the documentation, which is exactly the rabbit hole that the Banks want you to go down. It is a trap. Technical attacks on documentation are not going to win the day because in the end, it is public policy for negotiable instruments to be safe bets in […]

Tags: account payable, account receivable, co-obligors in securitized loan transactions, defective documentation, Servicer advances, third party payments
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: The dots are starting to get connected. Here JP Morgan who said they were the successor for everything that was WAMU turns out to be arguing that this didn’t actually happen and that some money is still left in the WAMU “estate.” The issue that is not raised is what else is in […]

Tags: Chase, complex litigation, FDIC, foreclosures, JP Morgan, JPM, rocket docket, WAMU, WAMU estate
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have […]

Tags: deductible interest payments, default, IRS, mortgage foreclosures, Servicer advances
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, Servicer |

Editor’s Note: In answer to the many inquiries we get, I am ONLY licensed in the State of Florida. The reason you see my name pop up in other states is that I am frequently an expert witness and trial consultant on cases, working for the lawyer who is licensed in that state. My law […]

Tags: accounting, CALIFORNIA, Chase, Florida, loan level accounting, sanctions against banks, securitization report, Servicer advances, title report, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

When I first got into this mortgage mess I called counsel for Aurora on a foreclosure case pending in California. I asked him how the currently self-designated entity pursuing foreclosure could justify its actions. His answer was “we are the holder.” So I asked him again why a company that has no financial stake in […]

Tags: appraisal fraud, Daiwa Products, Davis vs. West, for value, Inc. v Nationsbank, Kind v Gittman, N.A, U.S. v Second National Bank of North Miami, UCC 3-305
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out […]

Tags: ABN AMRO, Access Mortgage, Citi, Citimortgage, CPCA Trust 1, docket, Fannie, First National, Freddie, Ginny, IRS AMNESTY, LaSalle bank, MERS, note holder, REMIC, securitization, VA
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Probably the most misunderstood aspect of the securitization process is that the banks are able to claim there was no securitization when in fact there was. This is especially true in GSE’s like Fannie, Freddie, Ginny and the VA. When you are researching loans you hit a brick wall when you get to the GSE. […]

Tags: Fannie, Ginny, government guaranteed mortgage loans, GSE, ownership of the loan, securitization, VA Loans
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Jon Stewart committed his entire show to the mortgage crisis last Wednesday night. Go watch it. It wasn’t funny although they added some comedic aspects. The bottom line is the question “why aren’t these people in jail?” And the media was scorched with the fact that despite a constant culture of continuing corruption and absurd […]

Tags: BlackRock, Corere, credit default swaps, DOJ, fraud, GRETCHEN MORGENSON, Jon Stewart, JPMorgan Chase, wrongful foreclosure
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them […]

Tags: assignment of rents, Dade County, default, investment banker, non stop servicer advances, pooling, Pooling and Servicing Agreement, Prospectus, PSA, Servicer advances, Title and Securitization Report, trust beneficiaries, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |