The possibility of a lawsuit against the escrow agent in the closing of the mortgage loan that was subject to securitization or claims of securitization raises several essential issues. In most cases the escrow agent is also the title agent. The title agent has it issued a title commitment and a title policy presumably based upon their research of the…[...]

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Tags: closing of escrow, escrow agent, title agent, title insurer
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. --------------------------------- Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving the real set of co-obligors'…[...]

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Tags: borrower default, business records, co-obligors, cross examination, insurance, MLN, Mortgage Lenders Network, Servicer advances, servicer default, voir dire, Wells Fargo
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Hiding in plain sight, Chase may indeed have taken control of the portfolio loans of Washington Mutual. The FDIC receiver clearly stated to me that there was no assignment of mortgages. He also said that he thought Washington Mutual was servicing about $1 Trillion in loans originated by WAMU or its originators (pretender lenders). And he said that it was…[...]

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Tags: Chase, FDIC receiver, Richard Schoppe, US bankruptcy trustee, WAMU
Posted in Corruption, Modification, securities fraud, Servicer |

Where "servicer" advances to the trust beneficiaries are present, it explains the rush to foreclosure completely. It is not until the foreclosure is complete that the payor of the "servicer" advances can stop paying. Thus the obfuscation in the discovery process by servicers in foreclosure litigation is also completely explained. Further this would open the eyes of Judges to the…[...]

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Tags: bond defaults, contract law, non stop servicer advances, note defaults, novation, RESPA, second liability, third party payments, TILA
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Getting the closing instructions and the closing documents, including the wire transfer receipts and wire transfer instructions, one is able to piece tog ether that escrow was never properly closed. This could mean that escrow is still open --- leaving open the option of a three day rescission. Dan points out in response to me post that there is considerable…[...]

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Tags: Bogan v. Wiley (1949), closing of escrow, conditions precedent to closing escrow, delivery of note, escrow agent, failure of delivery of an instrument, Jeannerette v. Taylor (1934), POSSESSION VERSUS AUTHORITY OR RIGHT TO ENFORCE THE INSTRUMENT], Sousa v. First California Co. (1950), Todd v. Vestermark (1956)
Posted in Corruption, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

With tens of thousands of cases running many years before foreclosure is started and with many cases ripe for dismissal for lack of prosecution, the Banks are in a full court press attempting to get modifications or even going to trial on cases they know are problematic at best. I am receiving scores of reports of cases dismissed on the…[...]

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Tags: "modification" agreement, dismissal of action, failure to prosecute, laches, statute of limitations
Posted in foreclosure mill, Modification, Motions, Pleading, Servicer |

NOTE: THE FOLLOWING IS A LEGAL ANALYSIS THAT MAY OR MAY NOT APPLY TO CASES ON WHICH YOU ARE WORKING. IT IS REALLY MEANT FOR ATTORNEYS WHO ARE REPRESENTING PARTIES IN FORECLOSURE LITIGATION. No lay person should assume that anything in this article is true or applies to their case. Nobody should use this information without careful consultation with a…[...]

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Tags: ABN AMRO merger with BofA, ABN AMRO merger with Citi, Bank of America, Bank of America as trustee, Citimortgage, Citimortgage as trustee, Federal reserve order on BOA-LaSalle Merger, LaSalle bank, LaSalle Bank as trustee, servicer, US BANK, US Bank as trustee, US Bank website
Posted in Corruption, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

That is the question one of my callers asked. So let me try to explain the mortgage monstrosity in short plain statements. Based upon my analysis of information in the public domain, there are two ways that anyone claim a loan was securitized --- carved up into pieces and then sold to multiple buyers or bundled with other loans. Either…[...]

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FROM SHADOW BANKING TO SHADOW WAREHOUSING As I have previously stated, the Banks have literally stolen trillions of dollars from pension funds, municipalities, states, federal agencies, sovereign wealth funds and private investors. Estimates range from $3-$20 Trillion. So where did they put that money? They didn't keep it in currency (too easy to trace and too easy to claw back).…[...]

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Posted in Uncategorized |

Darline Spencer commented on a link LivingLies Blog shared. Darline wrote: "It is not over yet! I can promise you this what they have done will be exposed entirely it takes time! Stand your ground as I have said if you have a home about to be foreclosed do not fold and run. even if you don't have a lawyer.…[...]

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Posted in Uncategorized |