Shack Blasts Chase, Fannie Mae for Bad Faith on Wamu Merger It is obvious that documents were produced for Shack to issue these rulings. The affidavits to which he refers should be obtained in their entirety. There is lots to take away from this decision, but most important, is that Chase never acquired the loans […]

Tags: American Brokers Conduit, assignment of rents, Chase, Chase-Wamu merger, contribution, Fannie MAe, FDIC, Freddie Mac, TILA, UNJUST ENRICHMENT, WAMU, Washington Mutual
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I’ve talked about this before. It is why we offer a Risk Analysis Report to Community Banks and Credit Unions. The report analyzes the potential risk of holding MBS instruments in lieu of Treasury Bonds. And it provides guidance to the bank on making new loans on property where there is a history of assignments, […]

Tags: BANK REGULATION, community banks, credit unions, FDIC, Federal reserve, insurance, MBS, OCC, OTS, reserves at small institutions, risk analysis report, SEC
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

An ordinary individual finds a sack of promissory notes, and you might expect him to try to locate the owners of those notes. After all they are the equivalent of cash. But the banker sells the stolen notes with false assignments, insures them, gets them guaranteed with payment proceeds to himself and then settles with […]

Tags: affirmative defenses, answer, existence of the debt, financial injury alleged, foreclosure defense, jurisdiction, pleading requirements for foreclosure, proving annegative
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract […]

Tags: Allocation of Third Party Payments, asset pool, credit default swaps, CREDIT EVENT, discovery, foreclosure, guarantees, insurance, Master Servicer, offset
Posted in Corruption, evidence, Modification, Motions, Pleading, securities fraud, Servicer |

Thanks to all who inquired about my health. I am fine. Just busy with cases getting ready for trial. Recent trends show a number of things. First, more actual judgments are being rendered in favor of borrowers. Sometimes, it is procedural, like the statute of limitations that limits actions to 5 years in Florida. But […]

Tags: DAVID STERN, foreclosures, Guarantee of title, Marshall Watson, mortgage modification, mortgage scams
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

Matt Weidner reports that he went to court on a case where IndyMAc was the plaintiff. IndyMac was one of the first banks to collapse. It was found that they owned virtually zero mortgages and had “securitized” the rest which is to say they never loaned the money or got paid off by a successor. […]

Tags: Bank of America, Chase, Citi, creative criminals, indictments, INDYMAC, Matt Weidner, mortgage bond fraud, mortgage note fraud, Ponzi scheme, pretender lender, Wells
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, Servicer |

The Wadsworth case clearly shows that the appellate courts are requiring the trial court to scrutinize the claims and filings of would-be forecloser and that things like notice of acceleration and the right to cure are important enough to reverse summary judgment. This is directly contrary to the rulings of many judges who say that […]

Tags: alteration of instrument by lender, Bank of America, Beaumont, Florida appeals, MOTION TO DISMISS, paragraph 22, summary judgment, Wadsworth
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, Servicer |

Selecting a forensic analyst or a lawyer to represent you in a mortgage dispute. You need to look at their credentials rather than listen to their sales pitch. And you need people who really believe that you can and SHOULD win. For our services and products call our customers service numbers at 520-405-1688 on the […]

Tags: Duvall PAtrick, false claims of securitization, forcing modifications, GREENSPAN, identity theft, Massachusetts, money trail, paper trail, substance over form, WORKOUTS
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

From www.seekingalpha.com — JPM’s Madoff entanglement could prompt review of bank charter The Office of the Comptroller of the Currency (OCC) has reportedly told the office of U.S. Attorney Preet Bharara that a criminal money laundering conviction of JPMorgan (JPM) for turning a blind eye to Bernie Madoff’s Ponzi scheme could trigger a review of […]

Tags: JPM, Madoff, Ponzi scheme, trustworthiness of affidavits, trustworthiness of business records, trustworthiness of testimony, Wall Street
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

““The words PONZI SCHEME and FRAUD applied to the mortgage meltdown has been largely dismissed by policy makers, law enforcement and regulators. Instead we heard the terms RISKY BEHAVIOR and RECKLESSNESS. Now law enforcement has finally completed its investigation and determined that those who set the tone and culture of Wall Street were deeply involved […]

Tags: appraisal fraud, benefit of the bargain, defective mortgages, exemplary damages, fraud, Libor, market manipulation, pattern of behavior, Ponzi, punitive damages, TILA, treble damages
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |