class_action_against_boa1_kahlo HAMP Editor’s Note: Excellent Pleading on HAMP, TARP and related matters. They also bring up unjust enrichment which might also be applicable to the receipt and non-disclosure of third party payments. Good facts on illicit “modification” practices and the reasons why the modifications usually don’t become permanent. KAMIE KAHLO and DANIEL KAHLO, on behalf […]

Tags: Ari Y. Brown, BAC, BAC HOME LOANS SERVICING, Bank of America, BOA, BofA, class action, cOMPLAINT, FORM, HAGENS BERMAN SOBOL SHAPIRO LLP, HAMP, HERS, Kahlo, Steve W. Berman, TARP, UNJUST ENRICHMENT, WASHINGTON
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know […]

Tags: assignment, Aurora, Bellistri, Bellistri v Ocwen Loan Servicing, beneficiary, BNC, Case Decisions, DEED OF TRUST, derivative mortgage-backed securities, HERS, HOLDER, jurisdiction, Lehman, MERS, Mo App.20100309, Mortgage Electronic Registration System (MERS), note, Ocwen Loan Servicing, Phillip Gebhardt, quiet title, REAL PARTY IN INTEREST, splitting note and mortgage, standing
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so […]

Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
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REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. ” There should be no doubt in your mind now that virtually […]

Tags: accounting, allocation of payments, and advances, Bank of America, CALIFORNIA, creditor, delinquency status, discovery, foreclosure suit, foreclosures, Goldman Sachs, Hagens Berman Sobol Shapiro, INVESTORS TAKE NOTE, Notice of Default, Notice of Sale, Obligation, payments, pool, principal reduction, profits, sale to investors, SEC, SPV pools, Steve Berman, TARP, TARP regulations, third party payments, undisclosed fees
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

see comp-pr2010-59 SEC Complaint V GS Fraud “The Commission seeks injunctive relief, disgorgement of profits, prejudgment interest and civil penalties from both defendants.” Editor’s Note: Here is where the rubber meets the road. This same pool of illegal fraudulent profit is also subject to being defined as an undisclosed yield spread premium due to the […]

Tags: 10b-5, 15 U.S.C. §77q(a), 15 U.S.C. §78j(b) and Exchange Act Rule 10b-5, 17 C.F.R. §240.10b-5, ABACUS 2007-AC1, ACA, ACA Management LLC ("ACA"), CDO, discovery, Exchange Act Rule 10b-5, Fabrice Tourre, flip book, fraud, Goldman Sachs, HERS, investment banks, marketing material, material misstatements and omissions, offering memorandum, Paulson & Co. Inc. ("Paulson"), portfolio, resecuritized CDO market, residential mortgage-backed securities ("RMBS"), RMBS, SEC, Section 10(b) of the Securities Exchange Act of 1934, Section 17(a) of the Securities Act of 1933, subprime, term sheet, Tourre
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a […]

Tags: 15 USC 1692, accounting, backdated, county records, credit report, creditor, Eaine B, Fair Debt Collections Practice Act, FDCPA, Foreclosure scams, forensic analysis, fraudulent scheme, HERS, Lance Olsen, MERS, Moral Hazard, Mortgage Electronic registration Systems, nominal party, non-judicial states, Northwest Trustee Services Inc, objections to sale, pretender lender, procedural, process serving company, Routh Crabtree Olsen, servicer, Stephen Routh, Substitute Trustee, Substitution of Trustee, title, title report, triple damages, TRUSTEES, undated, usa-foreclosoure.com, violation
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

“relief from the sale order is warranted by law whether there was an innocent mistake or deliberate concealment.” Editor’s Note: When you watch these events unfold, you might begin to realize that the windfall is not to the homeowner who gets the foreclosure thrown out of court, it already happened for the financial players who […]

Tags: bankruptcy, Barclays, BLOOMBERG NEWS, Bryan Marsal, disclosure, foreclosure defense, foreclosure offense, Gaffey, HERS, Jones Day, Judge James Peck, Lehman, United States District Court in New York, windfall
Posted in Corruption, Eviction, expert witness, securities fraud, Servicer |

The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — […]

Tags: 12(B)(6) Motion, 2009, 2010, 2010 U.S. Dist. LEXIS 31098, ADSI, AHMSI, Am. Home Mortg. Servicing, assignments, backdated assignments, California Civil Code Section 2934, CASES, DEED OF TRUST, Deutsche, Eastern District of California, foreclosure processing service), HERS, Judge Lawrence K. Karlton, June 22, Korell Harp, March 30, MERS, MOTION TO DISMISS, Notice of Default, Ohlendorf v. Am. Home Mortg. Servicing, Placer County Recorder, T.D. Service Company, taint the notice of default, United States District Court, vice president of AHMSI, vice president of MERS, wrongful foreclosure claim
Posted in Corruption, Servicer |

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as […]

Tags: 2010, 2112 Business Center Dr., 92612, access procedure, as evidence of the underlying obligation, assignments, authority to sign, CALIFORNIA, California Statutes, chain of title, County of Los Angeles, creditor, D. Pakusic, Dalton, data entry and retrieval system, DEBTOR, DEED OF TRUST, DOT, Duval County, Florida, Florida Statutes, HERS, HFN, identity of the creditor, Inc., Irvine, IT platform, JP Morgan Chase Bank National Association, Malcolm-Cisneros, March 5, Margaret Dalton, MERS, MERS disclaiming, MERSCORP, Mortgage Electronic registration Systems, necessary parties, nominee, notarization, note, oath administered is invalid, Obligation, origination of the loan, ownership of the note, Public records, Recording laws, security instrument, signature and stamp, source of funds, Trustor, United Independent Title, unknown sources of funds, vice-president
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harpster US BAnk Tossed Out for Failure to Respond to Discovery and Fraud Upon the Court Plaintiff has failed to produce answers to the Interrogatories for a period of 26 months, between the time the Interrogatories and the Request for Production were served on January 8, 2008 and the date of the hearing on the […]

Tags: BAC Funding Consortium, C-Bass Mortgage Loan Asset Backed Certificates, fabricating documents, fraud on the court, HERS, Inc., Motion IN Limine, MOTION TO COMPEL, motion to strike, Series 2006-CBS, US BANK
Posted in Corruption, Eviction, expert witness, foreclosure mill, Servicer |