Wells Fargo Investigated by 4 Agencies for Manual on Fabricating Foreclosure Documents Wells Fargo is under investigation for a lot of things these days, just as we find in Bank of America and other major "institutions." The bottom line is that they haven't been acting very institutional and their culture is one that has led to fraud, identity theft and…[...]

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Tags: Bank of America, fabrication manual, fabrication of foreclosure documents, fraud, identity theft, Investigation, trust, Wells Fargo
Posted in bubble, Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the guts of the complaints by…[...]

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Tags: and deed of trust, Donald Duck, investment banks, investors, loss mitigation, loss sharing, Mortgage, Pooling and Servicing Agreement, promissory note, Prospectus, third party payments
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays GUEST TONIGHT: KENNETH HANKS, ESQ. TITLE EXPERT One might ask why a lender would delay the prosecution of their claim. The answer is that they wouldn't delay if they thought they had a solid claim. I know. I have represented banks on…[...]

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Tags: dismissal for lack of prosecution, mortgage bond, New Jersey, promissory note, statutes of limitation, validity of mortgage, validity of note, wrongful foreclosure
Posted in evidence, foreclosure defenses, foreclosure mill, Pleading |

Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man's home after his death even though he had an insurance policy through the bank that paid the remaining balance on his mortgage. The balance "owed" on…[...]

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Tags: compensatory damages, contingency fee, discovery, FDIC, foreclosure, insurance, loss sharing, mortgage insurance, New Mexico, Pleading, punitive damages, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own money and funded the origination…[...]

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Tags: borrower, broker-dealer, co-obligors, disclosure, insurance, investment bank, Investor, securitization, TILA, trading, trust beneficiary, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

I produced a memorandum as an expert witness and consultant in litigation support for a lawyer in California that after re-reading it, I think would be helpful in all foreclosure litigation. I have excerpted paragraphs from the memo and I present here for your use. Plaintiff/Appellant has pre-empted the opposing parties with a lawsuit that seeks to determine with finality…[...]

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Tags: 14th amendment, CALIFORNIA, discovery, due process, judicial foreclosure, NONJUDICIAL
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Periodically we publish things that we think are important and can be of use to fellow practicing attorneys. When I read the Steinberger decision I felt it was just plain right. And I knew at a glance it was applicable in Florida and other states. This case, in combination with other legal arguments will help tip the outcome in many…[...]

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This is the topic for tonight's Neil Garfield show. Tune in tonight or down load the podcast: Click in to tune in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays Tonight’s Show Features Carolyn Trego, Hardest Hit Administrator for the Law Offices of Paul A. Krasker, P.A.  There are dozens of programs available in many…[...]

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Tags: Florida, Hardest Hit Homeowners, homeowners in distress, Krasker, state programs
Posted in bubble, Corruption, expert witness, Modification, Pleading, Servicer |

Maybe now I will get something other than a blank look when I referred to anomalies in what appears to be the merger of Bank of America with Countrywide. For about 18 months now I have been saying that there is something wrong with that report, because the documents in the public domain show two things, to wit: first, that…[...]

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Tags: Bank of America, countrywide, foreclosure defense and offense, MBIA, RED OAK MERGER CORP
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

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Posted in Uncategorized |