So let's say you are thinking that those deadbeat borrowers are just trying to get out of debts they owe. And to spice things up the borrowers say it is the bank who screwed everything up, not me. And you laugh at their pathetic attempt to save face when all they do is spend money doing nothing at all to…[...]

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THE PERFECT CRIME: THE VICTIMS DON'T KNOW ANYTHING WHY INVESTORS AND BORROWERS SHOULD GET RID OF THE SERVICERS AND REPLACE THEM WITH SERVICING COMPANIES THEY CAN TRUST TO MITIGATE THE LOSSES CAUSED BY INVESTMENT BANKS HOW? It is simple: since the perpetrators ignored the REMIC trust, didn't fund them and never intended to actually have the REMIC trusts own the…[...]

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Tags: ARIZONA, assignment fabricated, First Magnus, foreclosure, lender, Merendon Mining, Saxon, Substitution of Trustee, Vasquez
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

Hat Tip to Dan Edstrom in Northern California, our senior securitization analyst for finding this report. Investors Have Had Enough!! "If Citibank wants to settle with the Justice Department and [Attorney General] Eric Holder, that's fine. Just please don't settle with investors' money. Because that's whose money it is," Fiorillo says. "It's not Citibank's money. I've said it 100 times…[...]

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Tags: DoubleLine Capital LP, Vincent Fiorillo
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Housing Wire, Ben Lane (see link to article below): "Bank committed fraud in order to show ownership." We are entering the 6th inning of the game started by Wall Street when it created the smoke and mirrors game based upon false claims of successors and securitization. As lawyers actually do the work investigating and researching, they are getting results that…[...]

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Tags: Assignment and ASsumption Agreement, Chase Bank commits fraud, dual, dual tracking, falsify documents, pretender lenders, public policy
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

I recently had a case in which the issue of standing, ownership and modification of the loan were all at issue. The case is an example of what happens when the parties purportedly representing the GSE's bring a foreclosure action in the name of Fannie or Freddie, and then offer through a servicer (authorized or unauthroized). This is why Fannie…[...]

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When will borrowers be allowed to use nominees at loan closings? Will they be able to say later that off-record transactions prevent the lender from enforcing loans? Even the premise that MERS "enables" the REMIC Trust to claim innocence in LENDER mortgage fraud, is flawed: none of them claim the status of holder in due course because they cannot produce…[...]

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I have been receiving increasingly urgent and frustrated messages from lawyers in nonjudicial cases. They are dismayed that the most basic components of proof are not required from "new" trustees on deeds of trust and "new" beneficiaries on the deed of trust, all self proclaimed and presumed valid even if the borrower denies it. Here is my answer: I think…[...]

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Tags: due process, EQUAL PROTECTION, nonjudical procedure
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

I woke up this morning to find an empty parking place where my car had been. In the back of the car I had just put about two dozen case files, most of which, fortunately, I have in electronic form. But the result was that I spent the day with the police, the insurance company and the car rental agency.…[...]

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Patrick Giunta, Esq. brought this case to my attention. Here is a case between the famed Florida Default Law Group, who reached distinction amidst accusations of fabricated documents, and an ordinary borrower represented by a St. Peterburg trial lawyer, John R. Cappa, who apparently knows the timing and content of the right objections. The result was involuntary dismissal against the…[...]

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Tags: business records, cross examination, involuntary dismissal, proof of default, proof of right to enforce
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

I know it doesn't make sense. Why would a lender falsify documents in order to make a loan? I had a case in which a major regional bank had their loan representatives falsify loan documents by having the borrower certify that there were houses on his two vacant lots. The bank swore up and down that they were never involved…[...]

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Tags: foreclosures, securitization, subprime loans, SunTrust
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |