In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving […]

Tags: borrower default, business records, co-obligors, cross examination, insurance, MLN, Mortgage Lenders Network, Servicer advances, servicer default, voir dire, Wells Fargo
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Where “servicer” advances to the trust beneficiaries are present, it explains the rush to foreclosure completely. It is not until the foreclosure is complete that the payor of the “servicer” advances can stop paying. Thus the obfuscation in the discovery process by servicers in foreclosure litigation is also completely explained. Further this would open the […]

Tags: bond defaults, contract law, non stop servicer advances, note defaults, novation, RESPA, second liability, third party payments, TILA
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Getting the closing instructions and the closing documents, including the wire transfer receipts and wire transfer instructions, one is able to piece tog ether that escrow was never properly closed. This could mean that escrow is still open — leaving open the option of a three day rescission. Dan points out in response to me […]

Tags: Bogan v. Wiley (1949), closing of escrow, conditions precedent to closing escrow, delivery of note, escrow agent, failure of delivery of an instrument, Jeannerette v. Taylor (1934), POSSESSION VERSUS AUTHORITY OR RIGHT TO ENFORCE THE INSTRUMENT], Sousa v. First California Co. (1950), Todd v. Vestermark (1956)
Posted in Corruption, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

With tens of thousands of cases running many years before foreclosure is started and with many cases ripe for dismissal for lack of prosecution, the Banks are in a full court press attempting to get modifications or even going to trial on cases they know are problematic at best. I am receiving scores of reports […]

Tags: "modification" agreement, dismissal of action, failure to prosecute, laches, statute of limitations
Posted in foreclosure mill, Modification, Motions, Pleading, Servicer |

NOTE: THE FOLLOWING IS A LEGAL ANALYSIS THAT MAY OR MAY NOT APPLY TO CASES ON WHICH YOU ARE WORKING. IT IS REALLY MEANT FOR ATTORNEYS WHO ARE REPRESENTING PARTIES IN FORECLOSURE LITIGATION. No lay person should assume that anything in this article is true or applies to their case. Nobody should use this information […]

Tags: ABN AMRO merger with BofA, ABN AMRO merger with Citi, Bank of America, Bank of America as trustee, Citimortgage, Citimortgage as trustee, Federal reserve order on BOA-LaSalle Merger, LaSalle bank, LaSalle Bank as trustee, servicer, US BANK, US Bank as trustee, US Bank website
Posted in Corruption, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving […]

Tags: ABN AMRO, acquisition, authority to represent, Bank of America, demand letter, foreclosure, foreclosure defense issues, LaSalle bank, merger, modification, notice of acelleration, Notice of Default, Power of Attorney, reinstatement, rocket docket, sec.gov, servicer, sucessor by merger, trustee, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to […]

Tags: acceptance, assignment, Bench Book, consideration, debt, foreclosure defense, foreclosure defense workbook, Garfield Continuum, Judge Jennfier bailey, loan contract, Mortgage, mortgage transactions, note, note mortgage, offer, securitization, workbook
Posted in evidence, Modification, Motions, Pleading |

  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 |

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic […]

Tags: Auction, Bill Paatalo, credit bid, default, foreclosure sale, Notice of Default, Notice of Sale, redemption, reinstatement, standing
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, 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 |