Editor’s Comment: Without inventing anything, an increasing number of Judges are coming to the same conclusion. If they apply the rules and deny the pretender lender the benefit of presumptions to which they were not entitled in the first place, the case can be heard on the merits. They don’t need to decide who is […]

Tags: affidavit, evidence, Florida, judges, motion for summary judgment, Rules
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Foreclosure Crisis New strategy attacks validity of affidavits August 26, 2010 hen it comes to fighting foreclosures, homeowners and their lawyers may have found a new strategy to score courtroom victories. Defense lawyers across the state are increasingly attacking the validity of affidavits that owners of notes must file with the courts as part of […]

Tags: affidavits, DUSTIN ZACKS, evidence, Florida, ICE LEGAL, Paola Iuspa-Abbott
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

THIS IS FROM REUBEN NIEVES. IT IS A GOOD PIECE OF WORK AND HE WANTS COMMENTS AND CONTRIBUTIONS. HE HAS A FINELY MADE POINT HERE AND IT IS SELF-EXPLANATORY. I have always said that the power of sale raises constitutional questions — namely, that no  person should be deprived of life, liberty or property without […]

Tags: 14th Amendment and Due Process, due process, foreclosure, power of sale, rueben nieves, slavery
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: AS MY LAUNCH POINT I AM USING THE FOLLOWING COMMENT POSTED TO THIS BLOG. I’M NOT SURE WHO ACTUALLY ORIGINATED MOST OF THE ORIGINAL LANGUAGE FOUND BELOW BUT WHOEVER IT WAS, THEY KNOW WHAT THEY ARE TALKING ABOUT. Almost everything done during this mortgage fraud was accomplished through the use of electronic media. […]

Tags: data, database, electronic discovery, email, evidence, ftp, MERS, metadata, server, spoliation
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, Servicer |

EDITOR’S NOTE: Lest people think I invented this whole field of law just because I’m loudest about it, here is a post from Max Gardner, who only a few days after I started this blog had already figured out everything I had figured out and was already doing something about it. Max Gardner’s Top Reasons […]

Tags: discovery, Master Servicer, MAX GARDNER, Pooling and Servicing Agreement, PSA, trust
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Quoted from April Charney — I’m not sure of the source. She is right on every point.PSA= Pooling and Servicing Agreement EDITOR’S NOTE: Glad to see that April is doing what the rest of us are doing — going deeper and deeper. There are two things you need — the loan specific title search with […]

Tags: SEC report, SEC search, securitization search, title report, title search
Posted in bubble, Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

A YIELD SPREAD PREMIUM IS A FEE PAID TO A BROKER FOR CREATING A FRAUDULENT PROFIT BY LYING TO THE CUSTOMER WHO BUYS A FINANCIAL PRODUCT. This particular lie would be about the rate on the loan. One would think this was already illegal and one would be right. Not only is it specified in […]

Tags: David Streitfeld, fraud, RICO, TILA, yield spread premium, YSP
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

MAINE SUPREME JUDICIAL COURT    Reporter of Decisions MERS v Saunders Law Court decision[1] Decision: Docket: Argued: Decided: Panel: 2010 ME 79 Cum-09-640 June 15, 2010 August 12, 2010 SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. JON E. SAUNDERS et al. The good news is that […]

Tags: 2010 ME 79, Maine Supreme Judicial Court
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: The shell game continues. While the media picks up stories about “settlements” giving rise to the presumption that Countrywide Home Loans and Bank of America and the rest of the securitization players committed various violations of statutes, duties, rules and regulations, the main point gets lost. Where is this money going and WHY? […]

Tags: ALAN ZIBEL, AP, Bank of America, countrywide, Joel Bernstein, KPMG, New York pension funds
Posted in bubble, Corruption, evidence, expert witness, foreclosure mill, Modification, Servicer |

EDITOR’S NOTE: I don’t know Brad Miller bradmiller.house.gov but I’m sending him a donation. Gretchen Morgenson says he’s worth getting to know and I am going to do just that. He’s running for re-election in North Carolina, and except for a scant few other members of Congress, he is one of the few that has actually […]

Tags: BRAD MILLER, GRETCHEN MORGENSON, MILLER, POLITICS
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, Servicer |