I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in […]

Tags: creditor, disclosure of exhibits, disclosure of witness, foreclosure, money trail, pretrial statements, rules of evidence, securitization, table funded loans
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner […]

Tags: accidental death insurance, damages, mortgage bond insurance, mortgage insurance, PMI, Sanctions, Wells Fargo
Posted in Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Corroboration of Basic Thread of Livinglies Blog: Banks are Claiming Assets That Really Belong to Investors From complexity to simplicity: the banks diverted title to the loans from the investors to their puppets — bankruptcy remote vehicles whose sole purpose was to act as though they were lenders or acquirers or aggregators of the loans. […]

Tags: Investors own the loan, ownership of loans, ownership of mortgage bonds
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“Two recent rulings — one in New York involving Bank of America and one in Massachusetts involving Wells Fargo — serve as examples. In the Wells Fargo case, a ruling on Sept. 17 by Judge William G. Young of Federal District Court was especially stinging. In it, he required Wells Fargo to provide him with […]

Tags: Bank of America, Fair Game, GRETCHEN MORGENSON, New York Times, Wells Fargo Bank
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“Carlo Pietro Giovanni Guglielmo Tebaldo Ponzi, (March 3, 1882 – January 18, 1949), commonly known as Charles Ponzi, was an Italian businessman and con artist in the U.S. and Canada. His aliases include Charles Ponci, Carlo and Charles P. Bianchi.[1] Born in Italy, he became known in the early 1920s as a swindler in North […]

Tags: derivatives, Madoff, Ponzi, Stanford
Posted in Corruption, Eviction, evidence, Modification, Pleading, securities fraud, Servicer |

hat tip to www.foreclosuredefensenationwide.com Bill Sloan, Esq., in the 9th Judicial Circuit of Common Pleas in Charleston, South Carolina successfully turned the head of at least one judge, citing the United States Supreme Court case of Carpenter v Longen, 83 U.S. 271, 16 Wall. 271, 21 L. ed. 313 (1872). I might add that in […]

Tags: 16 Wall. 271, 21 L. ed. 313 (1872), 83 U.S. 271, 9th Judicial Circuit of Common Pleas in Charleston, account payable, account receivable, Bill Sloan, Carpenter v Longen, Jeff Barnes, securitization cloud, www.foreclosuredefensenationwide.com
Posted in Corruption, expert witness, Modification, Motions, Pleading, securities fraud, Servicer |

I have just received a copy of a daring and tempestuous motion for rehearing en banc filed by the winner of the appeal. The homeowner won because of precedent, law and common sense; but the court didn’t like their own decision and certified an absurd question to the Florida Supreme Court. The question was whether […]

Tags: bias, Mark Stopa, motion for rehearing en banc, recusal, removal of judge, standing
Posted in Corruption, Eviction, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

There have been many admissions by government officials and even parties to the litigation over mortgage Foreclosures to the effect that at this point the ownership of most loans is in doubt. Even President Obama said it, reflecting the views and advice of the senior advisors at the White House. On appeal, recently in California, […]

Tags: Balboa, Bank of America, discovery, forced placed insurance, liability insurance, mortgages, PMI, title insurance
Posted in Corruption, evidence, expert witness, Modification, Pleading, securities fraud, Servicer |

As regulators conclude their long investigation into the cloud of companies and the maze of paths of paperwork and money the real victims are being revealed. We know Pension funds got hit hard and are now underfunded strictly as a result of buying worthless mortgage bonds from investment bankers who promised them protection and transparency […]

Tags: credit unions, defective mortgages, investors, Morgan Stanley, regulators, unenforceable mortgages
Posted in Corruption, evidence, Modification, Motions, Pleading, securities fraud, Servicer |

It seems I stirred up a tempest with my blog this morning. My position is that applying generally accepted accounting principles and the accounting standards promulgated by the FASB, you must accept that Servicer advances are either a third party payment that reduces the account receivable of the creditor, or the advances are without effect […]

Tags: account payable, account receivable, FASB, gaap, generally accepted accounting principles, investors, Servicer advances
Posted in Corruption, evidence, Pleading, Servicer |