The Core Problem: Servicers Who Don’t Service Here’s the truth that banks and their lawyers won’t answer: there is no real loan account receivable. That’s why they avoid tough questions like this Qualified Written Request (QWR), which cuts to the heart of the issue: Who is actually handling the money? A homeowner recently demanded answers […]

Tags: exela, QWR, Regulus group, Transcentra
Posted in Corruption, discovery, Servicer |

So talk about splitting hairs — here is a statement from a company that is claimed by third parties to be the servicer of a “loan.” Note that the parties making the claim do NOT swear that PennyMac is servicing claims to administer, collect and enforce for them, but rather for some unknown creditor or […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, Motions, Servicer |

You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. * I know I have contributed to the problem, but I think it’s time to stop using the labels that are promoted by the banks. * Companies that are claimed to be the […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Motions, Pleading, Servicer |

I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the […]

Tags: Black Knight, Core Logic
Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure defenses, foreclosure mill, Pleading, Servicer |

I’m busy today so I can’t publish my usual long analytical article. But one thing that is constantly staring at me is the fact that the national press and news releases are in basic conflict with local media. And the fact that local media is going out of business isn’t helping. Black Knight is a […]

Posted in Corruption, discovery, evidence, expert witness, Fabrication of documents, foreclosure mill, legal standing, securities fraud, Servicer |

The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end. Such companies do nothing and were never intended to do anything except act as a buffer, in name only, to prevent liability attaching […]

Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Servicer |

The answer to this question depends upon the homeowner — not the judge. * If the homeowner rigorously, aggressively and persistently seeks enforcement of the rules of civil procedure, the rules of discovery, the rules of evidence and enforcement of court orders, the chances of quite good that the homeowner role reach a very favorable […]

Posted in Corruption, evidence, Fabrication of documents, foreclosure defenses, legal standing, Pleading, Servicer |

Homeowners are missing out on a huge opportunity for economic gain that balances the power between Wall Street and consumers.  Courts of equity are courts of conscience, which should not be shackled by rigid rules of procedure,[51] and inherent in a court’s equitable powers is the authority to prevent injustice engendered by fraud, accident, or mistake.[52] […]

Tags: equitable defenses to foreclosure, reformation, rescission, unilateral mistake
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |

It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so — nor is it true that PHH has any right to receive any money, whether it is a monthly payment or a payoff. In fact it is not true that […]

Tags: Ocwen, PHH, Reverse Mortgage Solutions
Posted in Corruption, discovery, Fabrication of documents, foreclosure mill, legal standing, Servicer |

People keep getting letters and they tend to treat the information as real simply because it is in writing. That is the nub of the Wall Street scheme — send out written communication and documents without regard to the truth and people will assume that the document or letter would not have been sent if […]

Tags: borrower, FINTECH, foreclosure defense, foreclosure offense, LOAN MODIFICATION, Pennymac
Posted in Corruption, Fabrication of documents, foreclosure mill, Modification, Servicer |