Whether it is on voir dire, which is a limited examination before the witness testifies to determine the legal competency of the witness, or on actual cross examination, the object is to bring out facts that are helpful in making your case or defending your position. When I teach cross examination, I refer to the triad --- three things you…[...]

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Tags: cross examination, foreclosure trials, hearsay, lack of foundation, leading question, objections at trial, triads, voir dire
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

It is easy to think of the mortgage meltdown as a period of time in which the banks went wild. Unfortunately that period of time never ended. They are still doing it. The level of sophistication it takes to do the kinds of things that banks have been doing for the last 20 years is probably beyond the knowledge and…[...]

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Tags: Barclays (BCS), Citigroup (C), Deutsche Bank (DB), foreign exchange, forex, HSBC, JPMorgan (JPM), mortgage loans, RBS, subprime, UBS, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Among the many insurance companies that paid off loans or assets based on loans, MGIC. Off 2400 loans a month of January alone, which appears to be virtually all residential mortgages. Press the reason that nobody is paying any attention to this is that normally the insurer acquires the claim through a legal process called subrogation. In the world of…[...]

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Tags: credit default swaps, mortgage insurance, Servicer advances
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I had an interesting conversation with the lawyer for a prospective client who was interested in either litigation support or using me for expert advice or expert testimony. The lawyer was an experienced litigator. What was good about the conversation is that he voiced up front the basic question that is in the mind of nearly all judges, litigators, homeowners,…[...]

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Posted in Uncategorized |

 Is it time to sue the system? A Federal lawsuit against the State for systemic violations of due process is long over due.  The current system in most states includes some version of the rocket docket. Even without that the bias is clearly  there, but with the "expediting" of claims due process is clearly the loser as the banks get richer on…[...]

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Posted in Uncategorized |

While I attend to a personal matter today I thought I would schedule this for your convenience. BOA Loses Case (It's Not the Only One).  People need to realize the cases are being won around the country.  what is happening is that we keep hearing about the horror stories. There are tens of thousands of cases that have been settled…[...]

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Posted in Uncategorized |

If you get a call from people pretending to be from the IRS and the number they are calling from is the one in the title to this blog, they are most likely not calling from this country much less the Internal Revenue Service. They are scamming people by scaring them into thinking that their tax returns for the last…[...]

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Posted in Uncategorized |

Maybe it is true that some of the earlier attorneys for the banks were caught by surprise when they learned of fabrication of documents, unauthorized signatures and of course Robo signing. In this case lawyers from the state of Maine face possible discipline for their failure to take appropriate action in over 100 cases. This stems from the revelation that…[...]

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Tags: Drummmond and Drummond, GMAC MORTGAGE CORPORATION, Jeffrey Stephan, Maine Bar Association, Paul Peck, robosigning
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was about whether or not the…[...]

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Tags: Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, Bank of America, ever bank, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., MOTION TO DISMISS, Urban Lending Solutions
Posted in Corruption, evidence, expert witness, foreclosure defenses, Motions, Pleading, Servicer |

I am not in the habit of giving investment advice and I am not about to start. But it has come to my attention that there are numerous pundits who call themselves analysts that are pumping the stock of Bank of America. I know how this works, but besides the corruption their articles reflect a general consensus on Wall Street…[...]

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Tags: BAC, bank deposits, bank earnings, bank loans, Bank of America, bundling of mortgage loans into securities
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, Servicer |