Thanks to the folks at Blog Talk Radio, we are finally going back on the air on a weekly basis every Thursday at 6PM Eastern Time, 3PM Pacific Time, and if there is no operator error (that would be me), the shows will be saved as Podcasts and you can listen to them anytime you want. IT'S FREE! (Except for…[...]

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Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of "servicer advances" as a means to defeat the foreclosure in its…[...]

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Tags: Bill Paatalo, DDan Edstrom, default, MLN, Mortgage Lenders Network, Ponzi scheme, Pooling and Servicing Agreement, RESPA, Servicer advances, tier 2 yield spread premium, TILA, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

As I predicted in 2009, the number of cases where foreclosure had been simply dismissed without further action has increased exponentially. The homeowner is normally afraid to take any proactive stance for fear of awakening the giant who will then respond by filing another foreclosure. Some of these cases are as much as 10 years old which goes beyond the…[...]

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Tags: dismissal of foreclosure, NULLIFICATION OF INSTRUMENT, quiet title, statute of limitations on foreclosure
Posted in Corruption, evidence, foreclosure defenses, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

Danielle Kelley, Esq. is getting corroboration on trial modifications from lawyers and other professionals assisting homeowners all over the country. She is bearing down hard on situations where the homeowner enters into the trial modification, complies with all the terms, and then is faced with a unilateral decision by the bank to foreclose anyway. Decisions are coming that have forced…[...]

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Tags: LOAN MODIFICATION, oral modification, trial modification, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

The answer is an emphatic YES if you believe that they will, in the end, get away with the biggest economic heist in human history. Lest you think otherwise, all the evidence points in the direction of the Banks prevailing. The enforcement actions brought by law enforcement and regulatory agencies has been tepid at best allowing the banks to settle…[...]

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Posted in Uncategorized |

I recently received exactly that question, from one of the readers who made a donation to the blog to get a direct answer. I thought I would share the answer with you and invite other comments. First the question, as phrased: Is a consumer's time worth anything when applying for a loan mod, in any state, under any legal theory…[...]

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Posted in Uncategorized |

I am finally giving in to the requests that I do another workshop. It is a two-day workshop on evidence, burden of proof and what really persuades a judge. Lawyers and laymen have been using our title and securitization reports, expert declarations and consultations. But the results are spotty because of lack of knowledge --- how to use the information…[...]

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Posted in Uncategorized |

Having now personally participated in the "expedited" processes that are now invoked in many states, it has become apparent that they are all deficient. Citizens who find themselves in the court system are fast losing faith that it is a rubber stamping system if they are accused of anything, and an obstacle to justice if they are seeking compensation for…[...]

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Tags: assumption of risk, due process, EQUAL PROTECTION, foreclosure defenses, pick a payment loans, rocket docket, teaser loans, undue process
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I was traveling and re listening to an older lecture given by 2 Bankruptcy judges generally held in high esteem. The largest point was that naming a party as the creditor and checking the right boxes showing they are secured basically ends the discussion on the motion to lift stay and restricts your options to either filing an adversary lawsuit…[...]

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Tags: admissions, bankruptcy, malpractice, QWR, schedules, Servicer advances, title defects arising out of incomplete confirmed plans
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

I don't often do this, but I was sent the following link that I feel is worthwhile for lawyers to consider when they are thinking about (or SHOULD be thinking about) the assignment. I like the way Anthony splits up argument into fact and opinion. Where there is nothing in the record to support a factual assertion by opposing counsel…[...]

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Posted in Uncategorized |