Ms. Porter was the first person who broke through the ruse of securitization and confirmed what I thought, in 2007, leading to the creation of this blog. As a Professor at the University of Iowa she conducted a study that revealed that, at a minimum, 40% of all executed notes were destroyed shortly after the "closing" of a home loan.…[...]

Continue Reading

On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect.  The amended statute, Section 45-10, concerns substitute trustees under a deed of trust.  As amended, Section 45-10 now prohibits an attorney who serves as trustee or substitute trustee from representing the noteholder or the borrower while "initiating" a foreclosure proceeding.  Before the amendment, a lender often…[...]

Continue Reading

If you look closely at the NOD, NOS, foreclosure complaint, and correspondence you see two things that are fairly constant --- (1) they ALWAYS refer to the case as "US Bank" (or some other bank) and (2) they often don't actually name a trust although it is implied. This is classic misdirection. The Judge is thinking "U.S. Bank" when the…[...]

Continue Reading

[caption id="attachment_48435" align="alignnone" width="1440"] JPMorgan is a criminal Racketeering Organization[/caption]   by David Dayen, for The Nation: "You know the old joke: How do you make a killing on Wall Street and never risk a loss? Easy—use other people’s money. Jamie Dimon and his underlings at JPMorgan Chase have perfected this dark art at America’s largest bank, which boasts a…[...]

Continue Reading

To listen to archived show [wpvideo 3qi1LldD] Thursdays LIVE! Click in to the The West Coast Foreclosure Show with Charles Marshall. Or call in at (347) 850-1260, 6pm Eastern Thursdays MAIN NUMBER: 202-838-NEIL (6345). Get a Consult! https://www.vcita.com/v/lendinglies to schedule, leave message or make payments. A Witness to What?  Fake documents, affidavits and depositions rule at JPMorgan Chase. See: McCormick Deposition…[...]

Continue Reading

Most lawyers, most judges and most homeowners are under the mistaken impression that they cannot win a foreclosure battle. They don't hear about all the homeowners who were successful. There are tens of thousands of them. Any news, like the $45 million verdict described in the article below, is squelched. This time the Judge is not so interested in accepting…[...]

Continue Reading

People forget to ask the question "why?" Why would a mega-bank lose or claim 20 times to have lost documents relating to modification --- a workout that is or was standard practice for the industry? Common sense tells us the bank would be better off with a mortgage loan that is performing than one which is foreclosed --- and later…[...]

Continue Reading

[caption id="attachment_52768" align="alignnone" width="431"] State AGs have not forced LPS/Black Knight to comply with the Consent Judgment[/caption] Editor's Note:  Eric Mains, a former FDIC Team member who saw the securitization fraud first hand, has been encouraging homeowners who are in foreclosure, or were foreclosed upon, to send FOIA requests to their state Attorney Generals and ask for information about the…[...]

Continue Reading

Where is the prejudice in requiring the foreclosing party to prove its case with facts raather than presumptions? There are two big takeaways: (1) Courts are getting more curious about what really happened in the mortgage meltdown and (2) this is one more example of how the TBTF banks are not entitled to any legal presumptions regarding their documents. Research…[...]

Continue Reading

Attorney Patricia Rodriguez has been defending homeowners from wrongful foreclosure for over a decade.  Located in Los Angeles, California, Ms. Rodriguez has been appointed to serve as a legal expert and provider of expert testimony on unlawful detainers and foreclosures in Los Angeles Superior Court.  She has been on the foreclosure forefront since the housing market crashed, and recognizes the…[...]

Continue Reading