Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Bosco, damages to homeowner, findsen, Hager, MERS, quiet title, slander of title, splitting note and mortgage, Stauffer, wrongful foreclosure
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by “securitization” — especially foreclosure defense attorneys. If nothing […]

Tags: mortgages, privity of contract, promissory notes, securitization, splitting the notes and mortgages, UCC
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The problem with the site whose link appears below is that it is not authoritative. But we can treat it as though it was authoritative. The principal point is that even where Fannie and Freddie have “purchased” a loan it was for the express purpose of resale into the secondary market the trusts. In most […]

Tags: Fannie, Freddie, Who owns my loan?
Posted in Corruption, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Ghost of notary comes back from death and notarizes thousands of documents. Read all about it — Dead Notary Signs After Death Besides the obvious fact that the notarization is defective there is a deeper question of why anyone would need to falsify documents if the loans were real. One can imagine a case or […]

Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise […]

Tags: AMGAR, debt, foreclosure, homeowners, investors, Mortgage, note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Martha Coakley gets it. Read her letter. Being a politician she does not say that the abstract fear of strategic defaults on all loans across the board is absurd. Well, actually she does say it. Principal reductions and ending patently illegal policies preventing homeowners from buying back their own property at auction are at the […]

Tags: AMGAR, discovery, Fannie Mae Master trustee, Freddie Mac, hardest hit fund programs, LITIGATION, modification, short-sale
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

SEE AMICUS BRIEF AT END OF ARTICLE It is interesting to watch the evolution of thought in the Courts. But it is also infuriating. They treat false claims of securitization as a novel issue; but in fact, there is nothing novel about Ponzi Schemes, and other types of fraud. Yet the Court continue to ponder […]

Tags: Hooker v Northwest Trustee Services, Wells-Fargo-v-Erobobo-Amicus-Brief
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Parties claiming a right to foreclose allege they are the “Holder” and do not allege they are the holder in due course (HDC) because they are ducking the issue of consideration required by both Article 3 and Article 9 of the UCC. So far their strategy of confusion is working. They are directly or impliedly […]

Tags: article 9 UCC, Assignment of mortgage under Article 9, debts, holder in due course. UCC, holder under Article 3, mortgages, notes, originator of loan, originator of note execution, secured transactions, structured finance, UCC, UCC Article 3, UNIFORM COMMERCIAL CODE
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure […]

Tags: assignment, best evidence, evidence, FOUNDATION, hearsay, Mortgage, note as evidence of the debt, OBJECTIONS
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, […]

Tags: borrower, disclosure, expert, EXPERT DECLARATIONS, EXPERT EVIDENCE, expert opinion, expert witness, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Mortgage, mortgage note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |