It is now common knowledge that subservicers are continuing to pay investors and reporting the loan as “performing” after they have sent a default and right to reinstate notice as required by the mortgage (usually paragraph 22) and by the uniform debt collection laws. The first problem about this is that the actual creditor does […]

Tags: default, mortgage bonds, mortgages, payments, Servicing
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“We are still in the death grip of the banks as they attempt to portray themselves as the bulwarks of society even as they continue to rob us of homes, lives, jobs and vitally needed capital which is being channeled into natural resources so that when we commence the gargantuan task of repairing our infrastructure […]

Tags: fraud, fraudulent foreclosures, Occupy wall Street, owners of mortgages
Posted in bubble, Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

The reason the cases cannot be settled or modified is that the loans no longer exist, there is no known owner (past present or future) and nobody has any real authority to settle or modify a loan when they are a complete stranger to the transaction (as stated in the recent San Francisco study). This […]

Posted in Corruption, evidence, Modification, Motions, Pleading, Servicer |

We have come a long way in six years. Back in 2007 almost everyone thought that the mortgage bonds were valid instruments issued by a valid entity that owned valid mortgages. Now we have Reuters news service reporting that “home loans underlying securities were rotten from the start.” Thus we are crossing that line where […]

Tags: account receivable, appraisal fraud, auction fraud, bailout, Bank of America, Bloomberg, Chase Bank, commodities, disclosure, Federal reserve, foreclosure, foreclosure fraud, Reuters, securitization
Posted in Corruption, Eviction, evidence, Servicer |

8/8/13 NOTE: This decision was approved for publication and therefore applies to all cases within the district of the appellate court. On the other hand we should not assume that they have arrived nor that this decision will have pervasive effects throughout California or elsewhere in the United States or other countries. J.P. Morgan did […]

Tags: Chase Bank, cutoff date, Glaski, insurance, JP Morgan, mortgage backed bonds, REMIC, securitization, security, TRICO, Washington Mutual
Posted in Corruption, Eviction, evidence, securities fraud, Servicer |

Call 520-405-1688  for West Coast legal Representation and 954-495-9867 for East Coast legal Representation AND 850-765-1236 for Northern Florida Representation Educate Yourself and Your Lawyer: Purchase Memberships, Books, Services from our Online Store Customer Service West Coast 520-405-1688 East Coast 954-495-9867 GET HELP!!! As I have previously stated on these pages the changes in the […]

Tags: account receivable, BID, BOND receivable, cash bid, credit, credit bid, creditor, foreclosure auction, Investor, note receivable, strategy of delay
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Servicer |

We hold these truths to be self evident: that Chase never acquired any loans from Washington Mutual and that Bank of America never acquired any loans from Countrywide.  A review of the merger documents approved by the FDIC reveals that neither Chase nor Bank of America wanted to assume any liabilities in connection with the […]

Tags: agent and principal, Bank of America t, Chase Bank, countrywide, FDIC, JP Morgan Chase, statute of limitations, Washington Mutual
Posted in Corruption, Eviction, evidence, Modification, securities fraud, Servicer |

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]

Tags: company witness, credibility, debt, evidence, expert declaration, New York trust, personal knowledge, Reg Z, REMIC, TILA
Posted in Corruption, Eviction, evidence, expert witness, Servicer |

Now that I am actively practicing law I see the reasons for the anger and recriminations regarding the conduct of proceedings involving foreclosure. But whether the judge likes it or not the law is very clear regarding a condition precedent to the filing of foreclosure action. The borrower must receive notice. The notice must state […]

Tags: delay tactics, Federal reserve, Florida LAw, motion for summary judgment, my mission, Notice of Default, notice of right to reinstatement, rules of civil procedure
Posted in Corruption, Eviction, Servicer |

There many ways to win a case, so what I am saying in this article should be taken in the context of a larger reality where lawyers are winning hearings and winning the entire case using their own style, strategies and tactics. And it is equally true that any case management plan, regardless of the […]

Tags: discovery, LITIGATION, mortgages, Motion Practice, trial practice
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |