Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was […]

Tags: Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, Bank of America, ever bank, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., MOTION TO DISMISS, Urban Lending Solutions
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

I am not in the habit of giving investment advice and I am not about to start. But it has come to my attention that there are numerous pundits who call themselves analysts that are pumping the stock of Bank of America. I know how this works, but besides the corruption their articles reflect a […]

Tags: BAC, bank deposits, bank earnings, bank loans, Bank of America, bundling of mortgage loans into securities
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

Zerohedge.com notes that JP Morgan has cornered the market in gold derivatives. They ask how the CFTC, who supposedly regulates the commodities markets could have let this happen. I ask some deeper questions. If JPM has cornered the market on those derivatives, is this a reflection that they, perhaps in combination with others, have cornered […]

Tags: broker dealers, gold, gold derivatives, Goldman Sachs, investment banks, JP Morgan, REAL PARTY IN INTEREST, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US EVERY THURSDAY AT 6PM Eastern time on The Neil Garfield Show. We will discuss the Stenberger decision and other important developments affecting consumers, borrowers and banks. We had 561 listeners so far who were on the air with us or who downloaded the show. Thank you — that is a good start for […]

Tags: 3 day rescission, ARTICLE 3, article 9 UCC, Forensic TILA Analysis, general claims rescission, negligence, negligence and recklessness, rescission, RESPA, Steinberger v Hon.McVey/OneWest, UCC, Unconscionability: Procedural and Substantive, Wane v. Loan Corp
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

JOIN US TONIGHT AT 6PM Eastern time on The Neil Garfield Show. We will discuss this decision and other important developments affecting consumers, borrowers and banks. Congratulations to Attorney Barbara J. Forde!! HIGHLIGHTS: Steinberger v Hon. McVey/OneWest Discharge of Debt — money that OneWest received from FDIC to pay off loss on loan discharges the […]

Tags: Arizona Appeals, Barbara J Forde, Cause of action to avoid a trustee's sale, credit default swaps, discharge of debt, Good Samaritan Doctrine, insurance, Negligent Performance of an Undertaking, Servicer advances, Steinberger v Hon.McVey/OneWest, third party payments, Unconscionability: Procedural and Substantive
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

As Danielle Kelley, Esq. (Tallahassee) has repeatedly predicted, the trial modification practices of the big banks are getting them into hot water. Scenarios vary. But one typical scenario  is that the trial modification is “approved” (which under current law means that it has been through underwriting) and the borrower makes the trail payments. Then the […]

Tags: 9TH CIRCUIT COURT OF APPEALS, Corvello V Wells Fargo Bank, Danielle Kelley, permanent modification, present value, trial modification, Wells Fargo
Posted in Corruption, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of […]

Tags: authority to represent, REAL PARTY IN INTEREST, securitization, standing, Wachovia, Wells Fargo, World Savings Bank
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Thanks to the folks at Blog Talk Radio, we are finally going back on the air on a weekly basis every Thursday at 6PM Eastern Time, 3PM Pacific Time, and if there is no operator error (that would be me), the shows will be saved as Podcasts and you can listen to them anytime you […]

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

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to […]

Tags: Bill Paatalo, DDan Edstrom, default, MLN, Mortgage Lenders Network, Ponzi scheme, Pooling and Servicing Agreement, RESPA, Servicer advances, tier 2 yield spread premium, TILA, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

As I predicted in 2009, the number of cases where foreclosure had been simply dismissed without further action has increased exponentially. The homeowner is normally afraid to take any proactive stance for fear of awakening the giant who will then respond by filing another foreclosure. Some of these cases are as much as 10 years […]

Tags: dismissal of foreclosure, NULLIFICATION OF INSTRUMENT, quiet title, statute of limitations on foreclosure
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Motions, Pleading, securities fraud, Servicer |