TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 […]

Tags: Allocation of Third Party Payments, appraisal fraud, default, FICO, HERS, identity theft, Mortgage, note mortgage, Obligation, payments, principal, securities fraud
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

I’m told by some industry insiders that you can buy a piece of our loan for pennies on the dollar, much the same as NPR did when they wanted to track the money and documents through the securitization structure. That’s a good goal because it will give you “inside information” on what the pretender lenders […]

Tags: accountant, allocation to the pool, appraisal fraud, default, expert, forensic analyst, generally accepted accounting principles, individual loans in the pool, MBS holders, SECURITIZATION DOCUMENTS, third party payments, true balance of the obligation
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says […]

Tags: apparent authority, assignments, authorized, California Reconveyance, clouded title, default, fabricated, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“This will go on for a long time and a lot of people will be indicted,” “The government continues to show that it simply doesn’t understand how this market operated,” Editor’s Note: If you read this carefully, you get a flavor of how the derivative scam adventure involved everyone except its victims. Mind you, there […]

Tags: amnesty agreement, Andrew Young School of Policy Studies at Georgia State University, Baltimore lawsuit, Bank of America, Bank of America’s municipal derivatives division, Bartley Hildreth, BLOOMBERG NEWS, CDR, CDR Financial Products Inc., Charlie Anderson, Citigroup Inc, co- conspirators., courtesy bids, David Rubin, Dean Pinard, derivatives, Deutsche Bank AG, Dexia SA, Dominick Carollo, Doug Davis, Eden Prairie, Evan Zarefsky, Federal Bureau of Investigation, FGIC, FGIC Capital Market Services, Financial Industry Regulatory Authority, Financial Security Assurance, Finra, funnel, futures, GE, General Electric Co., GICs, Grant Whitaker, Gruer, guaranteed investment contracts, HERS, Hildreth, Image, Image at Sparks Steak House, indictment, Investment Management Advisory Group Inc., Johan Rosenberg, John Siffert, JPMorgan, Justice Department, Kevin Foster, kickbacks, Laura Hoguet, Lehman Brothers, Loughead, Mark Manchin, Martin Z. Braun, Merrill Lynch & Co., municipal, opaque debt investments, Options, Peter Grimm, Peter Loughhead, Phil Murphy, Pinard, PMI Group Inc., regulators, Robert Jones, Royal Bank of Canada, Rubin, Sam Gruer, Securities and Exchange Commission, sewer authority, Shirley Norton, Sound Capital, Sound Capital Management, Stallone, Steven Goldberg, swaps, U.S. District Court in Manhattan, UBS, Wachovia Corp, West Virginia, West Virginia School Building Authority, William Selway, Wolmark, Zarefsky, Zevi Wolmark
Posted in bubble, Corruption, expert witness, foreclosure mill, securities fraud |

SECURITIZATION If They Did It Right Sometimes it IS easier to prove a negative than a positive. Your opposition has far more facts than you do and in due process, should be required to prove them up into a prima facie case using real evidence from competent witnesses, with real documents that nobody played with […]

Tags: business records, CLOSING WITH BORROWER, CLOSING WITH INVESTORS, CLOSING WITH SECURITIZATION PARTICIPANTS, evidence, prima facie case, securitization, SUBROGATION, SUCCESSORS IN INTEREST, third party payments
Posted in foreclosure mill, Modification, securities fraud |

OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of […]

Tags: acceptance of assignment, assignment, Assignment and ASsumption Agreement, borrower, creditor, DEBTOR, DISCOVERY AND MOTION PRACTICE, execution of assignment, HERS, Motion Practice, Pooling and Servicing Agreement, securitization chain, securitization documentation, status of assignment, trustee
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

In Court, a prima facie case is, in plain English, the completion of a party’s burden of proof. That means if you are seeking AFFIRMATIVE relief from the Court, then you have the burden of proving your case. In order to prove your case you must present evidence. Your evidence must conform to the legal […]

Tags: adversary judicial proceeding, AFFIRMATIVE RELIEF, BREACH, BURDEN OF PROOF, damage, duty, evidence, judicial, negative relief, non-judicial, orientation of parties, prima facie case
Posted in Corruption, Eviction, expert witness, securities fraud, Servicer |

One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge […]

Tags: beneficiary, DEED OF TRUST, Deutsch Bank, fiduciary, HERS, investors, One West, OneWest, Payee, payor, securitization, servicer, Tape recording, transparency, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Investment banks bundled mortgage loans into securities and then often rebundled those securities one or two more times. Those securities were given high ratings and sold to investors, who have since lost billions of dollars on them. Editor’s Note: The significance of this report cannot be overstated. Not only did the investment bankers LOOK for […]

Tags: accounting, Bank of America, BofA, bundled, BURDEN OF PROOF, Charles Koppa, Citigroup Inc, Countrywide Home Loans, damages, Deutsche Bank AG, Fitch ratings, Goldman Sachs, GRETCHEN MORGENSON, guaranteed to fail, injunction, JP Morgan Chase, Louise Story, Merrill Lynch, modifications, Moody's Investor Service, prima facie case, rebundled, securitization, short sales, Standard & Poor's, Substitute Trustee, The New York Times, yield spread premium
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: While the courts hear arguments and decide this way and that about standing and real party in interest, the elephant in the living room is that we have highly publicized reports of LOSSES associated with more than $5 trillion in loans bought or guaranteed by Fannie and Freddie. That amounts to around 25 […]

Tags: bailout, Debt Collection, Fair Game, Fannie, Freddie Mac, Gretchen Morgenson’s, losses on loans, REAL PARTY IN INTEREST, standing, unsecured debt
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