Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of […]

Tags: accounting, adversary, bankruptcy, credit default swaps, creditor, Federal Bailout, foreclosure, insurance, schedules, secured claims, securitized mortgage, third party payments, unsecured creditors
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

This is pretty aggressive and pretty abusive. I don’t know how under GAAP this follows the rules whatsoever,” he said, referring to Generally Accepted Accounting Principles.“That reeks of an auditor who, rather than being really truly independent, is beholden to management,” he said, adding that the S.E.C. and the Justice Department should follow up on […]

Tags: Barclays, Ernst and Young, forensic analysis, forensic auditor training, forensic report, forensic review, gaap, Goldman Sachs, K&L Gates, Lehman, Linklaters, Lynn E. Turner, Michael Missal, New Century Financial Corp, Patricia Hynes, repo, Richard S. Fuld Jr, S.E.C., Valukas, workshop
Posted in bubble, Corruption, Eviction, Modification, securities fraud, Servicer |

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |

The following is an excerpt from a 10-K/A SEC Filing, filed by GSR MORTGAGE LOAN TRUST 2006-8F on 7/1/2008. Next Section Next Section Previous Section Previous Section http://sec.edgar-online.com/gsr-mortgage-loan-trust-2006-8f/10-ka-amended-annual-report/2008/07/01/section31.aspx EX-33 (c) Restated Report on Assessment Regarding Compliance with Applicable Servicing Criteria 1. Avelo Mortgage, LLC (the “Servicer”) is responsible for assessing compliance, as of December 31, […]

Tags: 2006-8F, 7/1/2008, Altshuler, Applicable Servicing Criteria, Assessment, Avelo Mortgage, Compliance, David M. Altshuler, GS Mortgage Securities Corp, GSR MORTGAGE LOAN TRUST 2006-8F on 7/1/2008., HERS, LLC, PricewaterhouseCoopers LLP, Vice President and CFO
Posted in Corruption, foreclosure mill, Modification, securities fraud, Servicer |

from June Reyno: 2010/03/30 at 2:43pm Once all of this information has been compiled with all their names, titles, addresses, signatures, company affiliation– we should then begin submitting these (i.e. notary public signatures) to various state agencies for confirmation and verification that these “people” are actually who say they are on the paper closing statements […]

Tags: ARM, Bankruptcy automatic stay, Bonafide Purchasers, CC 1161(a), County Recorder’s Office, fiduciary, LLC, Option One Mortgage Corporation, Residential Funding Real Estate Holdings, San Diego Police Dept., trustee, Washington Mutual
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

BTW, I ask about verifying that the ‘Substitute Trustee’ is indeed a TRUST since I saw a post that made a point that any named ‘TRUSTEE’ must really be a TRUST. Quality Loan Servicing was nominated by Litton Loan Service’s employee (via MERS) as the Substitute Trustee in place of ReconTrust. I may have a […]

Tags: beneficiary, BofA, BoNY-MELLON, BoNY-MELLON as the trustee, BREACH, CWABS, CWABS trustee, fictitious assignments, fictitious business name, Investor, lender, Litton Loan Service, MERS, modified payments, mortgage modification agreement, nominal beneficiary, Quality Loan Servicing, ReconTrust, RESPA, Substitute Trustee, successor beneficiary, trust
Posted in bubble, Corruption, Eviction, securities fraud, Servicer |

 Sending Banks a Message – Cincinnati OH  – Click Here to View Video “The average homeowner that can’t afford an attorney or can fight as long as we have, they don’t stand a chance,” he said. Hoskins said he’d gotten a $170,000 offer from someone to pay off the house, but the bank refused, saying they could […]

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The point must be made, and the evidence must be allowed, that the pretender lenders are gaming the system every day and literally stealing homes from both homeowners and investors who thought they had an interest in those homes when they bought mortgage backed securities. This leaves the borrower in a position of financial double […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, quiet title, securitization, trustee
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Matt Taibbi in Huffington Post: Waking up to discover the mortgage market was a giant criminal enterprise A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme […]

Tags: borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, predatory lending, rescission, RICO, securitization, TILA, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud, Servicer |

I think we will be seeing more from Judge Bailey but bravo to the Judge for being so insightful. If memory serves me correctly she is Chairman of the Foreclosure Task force in Florida and this is a very good way of (a) demonstrating how the pretender lenders played fast and loose with basic law […]

Tags: disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, securitization, trustee
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |