“The fraud here is truly stunning in its scale and complexity,” said Lanny A. Breuer, assistant attorney general in the criminal division of the Department of Justice. “These charges send a strong message to corporations and corporate executives alike that financial fraud will be found, and it will be prosecuted.” Once they determined that that […]

Tags: accounting, bank fraud, civil fraud charges, Colonial BancGroup, Colonial Bank, conspiracy, Department of Housing and Urban Development, Department of Justice, DOJ, ERIC DASH, Federal Deposit Insurance Corporation., fraud, HERS, infrastructure, investors, Lanny A Breuer, Lee B Farkas, Ny Times, Securities and Exchange Commission, securities fraud, Taylor, Taylor Bean, TBW, wire fraud
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

SUBMITTED BY M SOLIMAN EDITOR’S NOTE: Soliman brings out some interesting and important issues in his dialogue with Raja. The gist of what he is saying about sales accounting runs to the core of how you disprove the allegations of your opposition. In a nutshell and somewhat oversimplified: If they were the lender then their […]

Tags: accounting, balance sheet, discovery, failure, income statement, Investor, ledger, lenders, mortgage backed securities, mortgage lenders, pools, Raja, securitization chain, Soliman, third party payments, writedown
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“The court certainly agrees that ‘mistakes happen,’ ” Judge Bohm wrote. “However, when mistakes happen not once, not twice, but repeatedly, and when actions are not taken to correct these mistakes within a reasonable period of time, the failure to right the wrong — particularly when the basis for the problem is a months-long violation of […]

Tags: Angelo Mozilo, Bank of America, borrowers, contempt ruling, countrywide, David B. Shaev, De La Fuentes, F.T.C., Federal Trade Commission’s settlement, GRETCHEN MORGENSON, HERS, Jon Leibowitz, Judge Jeff Bohm, legal fees, predatory fees, Washington Mutual, Wells Fargo
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The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff […]

Tags: accounting, assignment, Assignment and ASsumption Agreement, BURDEN OF PROOF, civil procedure, cut-off date, default, delivery, discovery, due process, fraud, indorsement, party seeking affirmative relief, Pleading, PSA, re-orienting the parties, third party payments, TILA, transfer, yield spread premium
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud |

Editor’s note: I think the standards used here apply to ALL private actions for appraisal fraud. With appraisal fraud proven, virtually all lending statutes are proven to have been violated. Appraisal fraud lies at the root of the mortgage mess with its sister, ratings fraud. Both are appraisals and both are ratings. Both were designed […]

Tags: 2010 NY Slip Op 04868, Appraisal, appraisal standards, Appraisal Standards Board of the Appraisal Foundation, Cuomo, deceptive and illegal business, eAppraiseIT, FIERRA, Financial Institutions Reform, First American Corporation, First American eAppraiseIT, fraudulent, GONZALEZ, HERS, HOLA, Home Owner’s Lending Act of 1933, Inc., inflate a property’s market value, Lender’s Service, New York, Office of Thrift Supervision, OTS, P.J., People v First Am. Corp, preemption, Recovery and Enforcement Act of 1989, Supremacy Clause, target loan amount, Title XI, USPAP, WAMU, Washington Mutual
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GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented […]

Tags: Assign, Cole, DEED OF TRUST, Deutsch, evidence, foreclosure, Goforth Props, HERS, HOLDER, Home Equity Theft Reporter, In re Foreclosure of Brown, indorse, make payable, Mortgage, North Carolina, Novestar Mortgage, payable, photocopy, power of sale, promissory note, Smith, Soundview, Soundview Home Loan Trust 2005-4 (`Lender’).”, transfer
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If the government guarantee was waived in whole or in part, which I am sure is the case, then the rationale for non-dischargeability disappears. So I am suggesting that the assumption that the student loan is non-dischargeable should be challenged based upon the individual facts of your student loan. If it was securitized and it […]

Tags: Andy Winchell, bankruptcy, Citibank, Democrat, discharge, John Hupalo, Ny Times, Ron Lieber, Sallie MAe, Samuel ramirez and Company, Steve Cohen, student debt, student loans, tennessee
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motion for fraud on court Matis Abravanel by  Matis H. Abravanel, Esq. Some short background information on this pleading, it’s an emergency motion to cancel a final sale based upon Fraud on the Court.  This client came to us a month before his final sale date, and already had a default and a final summary judgment […]

Tags: Bank of America, fraud on the court, HERS, LaSalle bank, Matis Abravanel, MOTION
Posted in Corruption, Modification, Motions, Pleading, securities fraud, Servicer |