Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Disclaimer: This article is for informational purposes only. It is not legal advice. Always consult with a licensed attorney about your specific case. Why Experts Are Needed In foreclosure cases involving securitized loans—or loans subject to claims of securitization—the system is intentionally complex. The terms, methods, and money flows are far beyond the knowledge of […]

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

“In their quest for a windfall they have given the homeowners a path to justice — one where the notice of default, notice of sale, notice of acceleration notice of right to reinstate and redemption rights are all screwed up (i.e., wrong and invalid). With 80%+ of the losses already paid, the loans could have […]

Tags: dual tracking, FCPB, FDIC, INDYMAC, OneWest, Patrick Giunta
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee […]

Tags: Assignment and ASsumption Agreement, default, evidence, Pooling and Servicing Agreement, relevance, SECURITIZATION DOCUMENTS, Servicer advances
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that […]

Tags: accleration notice, amount due, end of month statement, evidence, HDC, HOLDER, holder in due course, Notice of Default, offset, PSA, reinstatement notice, relevance of PSA
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Bosco, damages to homeowner, findsen, Hager, MERS, quiet title, slander of title, splitting note and mortgage, Stauffer, wrongful foreclosure
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by “securitization” — especially foreclosure defense attorneys. If nothing […]

Tags: mortgages, privity of contract, promissory notes, securitization, splitting the notes and mortgages, UCC
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The problem with the site whose link appears below is that it is not authoritative. But we can treat it as though it was authoritative. The principal point is that even where Fannie and Freddie have “purchased” a loan it was for the express purpose of resale into the secondary market the trusts. In most […]

Tags: Fannie, Freddie, Who owns my loan?
Posted in Corruption, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Ghost of notary comes back from death and notarizes thousands of documents. Read all about it — Dead Notary Signs After Death Besides the obvious fact that the notarization is defective there is a deeper question of why anyone would need to falsify documents if the loans were real. One can imagine a case or […]

Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise […]

Tags: AMGAR, debt, foreclosure, homeowners, investors, Mortgage, note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |