You read the news on one settlement after another, it sounds like the pound of flesh is being exacted from the culprits again and again. This time the FHFA, as owner of Fannie and Freddie, is going for a settlement with Bank of America for sale of “faulty mortgage bonds.” And most people sit back […]

Tags: Bank balance sheet, Bank of America, defective mortgage bonds, defective mortgages, Fannie, faulty mortgage bonds, faulty mortgages, FHFA, foreclosure defense, Freddie, loan closings, loan origination, mortgage bonds, sale of loans, underwriting mortgage bonds
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

The banks have paid tens of billions of dollars in settlements with Federal and State agencies and law enforcement. Where did the money go? But more importantly the real question arises out of the investigation and the question Elizabeth Warren keeps asking — which homes were found to have defective notes and mortgages as alleged […]

Tags: defective mortgage liens, Elizabeth Warren, government settlements, illegal foreclosure, JPMorgan, unenforceable notes, wrong ful foreclosure
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, Servicer |

I went to a hearing yesterday on the Bank’s Motion for Summary Judgment. The Motion had the usual deficiencies and the affidavit was, as usual, worthless because the witness failed to state any basis for personal knowledge. The attachments to the motion were absent. The Bank avoided the allegation that it ever made a loan […]

Tags: business records exception to hearsay rules, exceptions to hearsay, foreclosure, hearsay, motions in limine, OBJECTIONS, required notice on business records
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I have been receiving an increasing amount of mail and comments about whether foreclosure mills or foreclosure firms should be subject to bar discipline and whether they could be sued. The issue is complex. Here is my take—- If the lawyer is party to fabrication of documents, forgery, and subordination of perjury (knowingly proffering a […]

Tags: Bar grievances, legal malpractice, risk analysis report, threats of grievance, wrongful foreclosure
Posted in Corruption, evidence, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in […]

Tags: creditor, disclosure of exhibits, disclosure of witness, foreclosure, money trail, pretrial statements, rules of evidence, securitization, table funded loans
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner […]

Tags: accidental death insurance, damages, mortgage bond insurance, mortgage insurance, PMI, Sanctions, Wells Fargo
Posted in Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Corroboration of Basic Thread of Livinglies Blog: Banks are Claiming Assets That Really Belong to Investors From complexity to simplicity: the banks diverted title to the loans from the investors to their puppets — bankruptcy remote vehicles whose sole purpose was to act as though they were lenders or acquirers or aggregators of the loans. […]

Tags: Investors own the loan, ownership of loans, ownership of mortgage bonds
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“Two recent rulings — one in New York involving Bank of America and one in Massachusetts involving Wells Fargo — serve as examples. In the Wells Fargo case, a ruling on Sept. 17 by Judge William G. Young of Federal District Court was especially stinging. In it, he required Wells Fargo to provide him with […]

Tags: Bank of America, Fair Game, GRETCHEN MORGENSON, New York Times, Wells Fargo Bank
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“Carlo Pietro Giovanni Guglielmo Tebaldo Ponzi, (March 3, 1882 – January 18, 1949), commonly known as Charles Ponzi, was an Italian businessman and con artist in the U.S. and Canada. His aliases include Charles Ponci, Carlo and Charles P. Bianchi.[1] Born in Italy, he became known in the early 1920s as a swindler in North […]

Tags: derivatives, Madoff, Ponzi, Stanford
Posted in Corruption, Eviction, evidence, Modification, Pleading, securities fraud, Servicer |

hat tip to www.foreclosuredefensenationwide.com Bill Sloan, Esq., in the 9th Judicial Circuit of Common Pleas in Charleston, South Carolina successfully turned the head of at least one judge, citing the United States Supreme Court case of Carpenter v Longen, 83 U.S. 271, 16 Wall. 271, 21 L. ed. 313 (1872). I might add that in […]

Tags: 16 Wall. 271, 21 L. ed. 313 (1872), 83 U.S. 271, 9th Judicial Circuit of Common Pleas in Charleston, account payable, account receivable, Bill Sloan, Carpenter v Longen, Jeff Barnes, securitization cloud, www.foreclosuredefensenationwide.com
Posted in Corruption, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |