In order to understand how the banks made money creating a void and then filling it with what I call a tier 2 yield spread premium, trading withe investors money, and avoiding the trust entirely, you should read the articles relating to the Volcker rule, where “proprietary trading” is frequently put in quotation marks. The […]

Tags: actual creditor, documentation without loan, loan without documentation, proprietary trading, standing, tier 2 premium, volcker rule
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

THE PERFECT CRIME: THE VICTIMS DON’T KNOW ANYTHING WHY INVESTORS AND BORROWERS SHOULD GET RID OF THE SERVICERS AND REPLACE THEM WITH SERVICING COMPANIES THEY CAN TRUST TO MITIGATE THE LOSSES CAUSED BY INVESTMENT BANKS HOW? It is simple: since the perpetrators ignored the REMIC trust, didn’t fund them and never intended to actually have […]

Tags: ARIZONA, assignment fabricated, First Magnus, foreclosure, lender, Merendon Mining, Saxon, Substitution of Trustee, Vasquez
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Hat Tip to Dan Edstrom in Northern California, our senior securitization analyst for finding this report. Investors Have Had Enough!! “If Citibank wants to settle with the Justice Department and [Attorney General] Eric Holder, that’s fine. Just please don’t settle with investors’ money. Because that’s whose money it is,” Fiorillo says. “It’s not Citibank’s money. […]

Tags: DoubleLine Capital LP, Vincent Fiorillo
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Housing Wire, Ben Lane (see link to article below): “Bank committed fraud in order to show ownership.” We are entering the 6th inning of the game started by Wall Street when it created the smoke and mirrors game based upon false claims of successors and securitization. As lawyers actually do the work investigating and researching, […]

Tags: Assignment and ASsumption Agreement, Chase Bank commits fraud, dual, dual tracking, falsify documents, pretender lenders, public policy
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

I have been receiving increasingly urgent and frustrated messages from lawyers in nonjudicial cases. They are dismayed that the most basic components of proof are not required from “new” trustees on deeds of trust and “new” beneficiaries on the deed of trust, all self proclaimed and presumed valid even if the borrower denies it. Here […]

Tags: due process, EQUAL PROTECTION, nonjudical procedure
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

Patrick Giunta, Esq. brought this case to my attention. Here is a case between the famed Florida Default Law Group, who reached distinction amidst accusations of fabricated documents, and an ordinary borrower represented by a St. Peterburg trial lawyer, John R. Cappa, who apparently knows the timing and content of the right objections. The result […]

Tags: business records, cross examination, involuntary dismissal, proof of default, proof of right to enforce
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

I know it doesn’t make sense. Why would a lender falsify documents in order to make a loan? I had a case in which a major regional bank had their loan representatives falsify loan documents by having the borrower certify that there were houses on his two vacant lots. The bank swore up and down […]

Tags: foreclosures, securitization, subprime loans, SunTrust
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

In the search for a magic bullet, many pro se litigants and even attorneys have ended up perplexed by laws and rules regarding an action to Quiet Title (frequently misspelled by pro se litigants as “Quite Title”). The purpose of this article is to add some context to the discussion and some reasons for my […]

Tags: cancelation of instrument, HOLDER, holder in due course, holder with rights to enforce, NULLIFICATION OF INSTRUMENT, quiet title, Romero, statute of limitations, statute of repose, SunTrust
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Motions, Pleading, securities fraud, Servicer |

The general practice of the servicers and trustees is to disclose a list of as many as 35 possible witnesses so that the Defendant homeowner cannot possibly perform due diligence investigation, deposition etc. The Judges got wise to this and agreed that disclosing 35 witnesses, 34 of whom you do not intend to call, is […]

Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

For the last few weeks I have been harping on the concepts of holder in due course, holder with rights of enforcement, and holder. They are all different. The challenge in court is to get them treated as different in Court as they are in the statutes. The Banks knew through their attorneys that the […]

Posted in Corruption, discovery, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |