Martha Coakley gets it. Read her letter. Being a politician she does not say that the abstract fear of strategic defaults on all loans across the board is absurd. Well, actually she does say it. Principal reductions and ending patently illegal policies preventing homeowners from buying back their own property at auction are at the […]

Tags: AMGAR, discovery, Fannie Mae Master trustee, Freddie Mac, hardest hit fund programs, LITIGATION, modification, short-sale
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

SEE AMICUS BRIEF AT END OF ARTICLE It is interesting to watch the evolution of thought in the Courts. But it is also infuriating. They treat false claims of securitization as a novel issue; but in fact, there is nothing novel about Ponzi Schemes, and other types of fraud. Yet the Court continue to ponder […]

Tags: Hooker v Northwest Trustee Services, Wells-Fargo-v-Erobobo-Amicus-Brief
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Parties claiming a right to foreclose allege they are the “Holder” and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly […]

Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure […]

Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, […]

Tags: borrower, disclosure, expert, EXPERT DECLARATIONS, EXPERT EVIDENCE, expert opinion, expert witness, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Mortgage, mortgage note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance […]

Tags: appraisal fraud, bailout, borrower, disclosure, foreclosure defense, foreclosure fraud, foreclosure offense, LOAN MODIFICATION, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |

I am a fan of Matt Weidner. Like a breath of fresh air he understands the full implications of the false claims of securitization, the fraudulent foreclosures, the fraudulent reporting by banks to regulatory agencies and the false statements of financial condition they report to the SEC. Best of all he has maintained his sense […]

Tags: due process, EQUAL PROTECTION, Matt Weidner, perjury
Posted in Corruption, discovery, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about […]

Tags: appraisal fraud, auction fraud, Bank of America, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, modification, predatory lending, securitization, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been […]

Tags: default, notice of acceleration, notice of accleration, Servicer advances
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by […]

Tags: borrower, creditor, disclosure, escrow agent, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, predatory lending, securitization, TILA audit
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |