REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to […]

Tags: AMIR EFRATI, CARRICK MOLLENKAMP, civil fines, cloud on title, creditor, criminal violations, defective title, Docx LLC, fabricated, foreclosure mills, forged documentation, fraudulent foreclosures, HERS, J.P. Morgan Chase & Co, Kersch, licenses, Linda Tirelli, LPS, Michelle Kersch, unmarketable title, Wall Street Journal
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

AHMSI (American Home Mortgage Servicing Inc) purchased substantially all of Option One Mortgage about two years ago. AHMSI is owned by the texas billionaire Wilbur Ross. A number of Option One’s loans are now serviced by SPS, Select Portfolio Servicing, formerly Fairbanks Capital, which changed their name following DOJ sanctions and a 48 million dollar […]

Tags: 48 million dollar fine, AHMSI, American Home Mortgage Servicing Inc, DOJ sanctions, Fairbanks Capital, HERS, Option One Mortgage, Sandhills mortgage or financial, Select Portfolio Servicing, SPS, Wells Fargo, Wilbur Ross
Posted in bubble, Corruption, Eviction, securities fraud, Servicer |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP SHOW ME THE BOND!: 9th CIRCUIT AFFIRMS BACKDOOR REQUIREMENT FOR ENHANCED “CREDITOR” DISCLOSURE REQUIREMENTS IN CHAPTER 13 PLAN: SEE chapter 13 debtorsHerrera Monroy opinion 09-1175 (9th Cir BAP 01 05 2010) Among the things we will cover at the May workshop on Motion Practice and Discovery, are […]

Tags: actual Payor or obligor on the Bond, argument, conditional non-recourse conveyance of the borrower's note, conditional non-recourse payment of interest, conditional non-recourse payment of principal, DISCOVERY AND MOTION PRACTICE, elements in establishing a "lost instrument, expert declaration, forensic analysis, HERS, request to produce the minute books, securitized, show me the BOND, trustee's records and actual copies of the certificates, unregistered securities
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the […]

Tags: endorsed in blank, foreclosure, HERS, Inc., Investor, Member’s MERS Certifying Officer, MERS, MERS certifying officers, MERS Manual, MERS Members, MERS standard reports, MERS® System, Mortgage Electronic registration Systems, note, possession, security instrument
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

Analyzed and Presented by Charles Koppa, MORTGAGE AUTOPSIES There are 131 pages within links at the bottom for Maiden Lane Disclosures (a year later).  They give ONLY NAMES of nearly 800 underlying Securities Trusts with NO NAMES/LINKS to the original Grantors in the Deed of Trust for underlying “toxic mortgages” which attach real estate collateral that allowed securitization for each CUSIP.  That information remains in […]

Tags: Assign, audit trail, Back to Beneficiary process, Bona Fide Purchaser (BFP, Borrowers Loan Default, Creditor/Depositor's Security Trust Account, DATE OF AUCTION, discovery, final Beneficial Trust, Grantors in the Deed of Trust, HERS, HOLDER, Maiden Lane Disclosures, MERS, NOD, NOTS, Securities Trusts, sub-trust, Substitution of Trustee, TDOS, third party bond servicer, third party loan servicer, transfer of wealth, triggers, Trustees Auction, Trustees Deed Upon Sale (TDOS), unlawful Trustees, unlawful Trustees Deed Upon Sale (TDOS), untitled transfer
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

Here is an interesting article from Tadly 2010/03/26 at 5:47pm Here is an interesting article Harder Part American Banker | Wednesday, February 24, 2010 By Jeff Horwitz * IndyMac Buyers Pick Up Another Failed Bank – February 22, 2010 * FDIC Rebukes Internet Video – February 16, 2010 In less than a year, the private-equity […]

Tags: Adjustable rate mortgage, Bert Ely, FDIC, Federal Deposit Insurance Corp, Federal Home Loan bank, Foreclosure Radar, HERS, Home Affordable Modification Program, INDYMAC, John Bovenzi, Michael Krimminger, OneWest, principal writedown, Sean O’Toole, Terry Laughlin
Posted in bubble, Corruption, Modification, securities fraud, Servicer |

Editor’s Notes: Bank of America is smarter than most. It has created a web of companies whose function is to perform activities that hide the fact that it is Bank of America, and there are other pretender lenders who hide behind this entity who suddenly appears as “trustee” or some other entity claiming the right […]

Tags: (866) 781-0029, 1330 West Southern Avenue, 2380 Performance Drive, 75082, 800-281-8219, 866-207-0573, ATTORNEY FEES, AZ, AZ 85282-4545, bankofamericastore.com 2, BofA, CA, countrywide, Dallas, damages, Default and Special Release Services, Denise Sletten, Eva Tapia, file audits, fines, foreclosure services, FPS, HERS, Jeffrey Aiken, Jim Taylor, Kailash Bhuckory, lien release, Lien Release Services, Lorena Castillo-Ruiz, Mail Stop: RGV-C4-450, Mail Stop: TPSA-88, MERS, Real Estate Owned (REO), Rebecca Baney, ReconTrust, ReconTrust operating system, recontrustco.com, REO Customer Escalation Team, Richardson, Sam Shmikler, Simi Valley, Tempe, Texas, Trustee's Sale Officers, Trustee's Sale Processors, TSG, TX, unlisted purchases
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of […]

Tags: agents, AGGREGATOR, consumer protection, contact information, creditor, foreclosure defense, legal notices, MERS, mortgage backed securities, mortgage loans, principal residence, Real Estate Settlement Procedures Act, Reg Z, resolve payment issues, RESPA, secured, statutory damages, TILA, violation
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

NEWS REPORTS HAVE BEEN SPORADICALLY REFERRING TO THE OLD DERIVATIVES BEING RE-PACKAGED AND SOLD AGAIN. This is called resecuritization. It takes the old pools, or what’s left of them, puts them together with other old pools, and creates a brand new Special Purpose vehicle that issues brand spanking new mortgage backed bonds. The backing in […]

Tags: 2009-12, Business Wire, CHL 2007-9, Class A-6, CLTV, collateral risks, combined loan-to-value, delinquency status, discovery, Fitch ratings, FOF, Frequency of Foreclosure, HERS, J.P. Morgan Resecuritization Trust, Loss Severity, ResiLogic model, risk factor, Wells Fargo, WFMBS 2007-11
Posted in bubble, Corruption, Eviction, securities fraud, Servicer |