Archive for 'securities fraud' Category
Sep 7, 2012

The truth is, it never quite made it as a loan, as I would define it as a loan. It was merely an obligation arising at common law through the receipt of money that wasn’t your own money, to which the common law adds the presumption that upon receipt there is reasonable expectation of either […]

Sep 7, 2012

Proposed pleading submitted to me for review. The difference is subtle to the casual reader but it is the difference between giving the Judge a chance to rule in your favor and giving him no opportunity to rule in your favor. Once you have tacitly or explicitly admitted the connections and validity of any of […]

Sep 6, 2012

The marketplace is filled with “listings” on Craig’s List for rental of properties at prices that are too good to be true. The scammers are posing as local property owners who actually are out of town. They change the locks, enter the house, and prepare it for sale or rent. The owner comes back and […]

Sep 6, 2012

Editor’s Note: The only thing I differ upon is that if the mortgages are finally recognized as unperfected liens based upon invalid notes for which the payee provided no funding, then the debt is not forgiven, it is paid in many cases by insurance, credit default swaps and Federal bailouts. Wiping out the debt for […]

Sep 5, 2012

As many of you know, I am retained by counsel in dozens of situations to review their pleadings and suggest changes, especially if they are retaining me for expert testimony. The appropriate procedure for hits (I only take a few a month) is to call 520-405-1688 and arrange for consultation, Title and Securitization COMBO, and […]

Sep 5, 2012

“What is surprising is the fresh evidence these cases are turning up of cockeyed mortgage practices, during both the boom and the bust. As these matters are adjudicated, perhaps we will finally learn whether these practices were intended or accidental.” — Gretchen Morgenson, NY Times Editor’s Analysis: Gretchen Morgenson has latched onto the key element […]

Sep 5, 2012

Editor’s Note: State Treasurers and Finance Directors are realizing that their own jobs are on the line when the voters go to the polls. While avoiding the third rail of wrongful and illegal foreclosures, the trading in illegal and fraudulent instruments, states can no longer avoid the reaction from those who marshal the the state’s […]

Sep 4, 2012

Consider this an add-on to the workbook entitled Whose Lien is It Anyway also known as Volume II Workbook from Garfield Continuum Seminars. Several Attorneys, especially from California are experimenting with a cause of action in which an instrument is cancelled — because it throws the burden of proof onto the any party claiming the […]

Sep 3, 2012

I have noticed on many occasions that the bankruptcy court judges are adding to the orders some language of finding that the movant is the owner of the loan. The court lacks jurisdiction to consider those issues and that is the reason why the act of lifting the stay is a ministerial act based upon […]

Sep 2, 2012

Editor’s Note: In a political system that is dependent upon voters exercising their right to determine issues and pick candidates for officers, any action that result in suppressing voter turnout should be treated with the same ginger approach we see in free speech cases — rarely should any such effort be allowed. From UCRtoday.ucr.edu: RIVERSIDE, […]