Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have purchased multiple residential units and…[...]

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Tags: deductible interest payments, default, IRS, mortgage foreclosures, Servicer advances
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, Servicer |

LivingLies is crowd-sourcing this one. Send your transcripts, articles, letters to neilfgarfield@hotmail.com. We want to know what you have about the Chase WAMU merger and what effect your information has on the ownership of loans that were originated or acquired by WAMU. Remember there were multiple parties involved in this --- Washington Mutual and subsidiaries, some of which still exist…[...]

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Editor's Note: In answer to the many inquiries we get, I am ONLY licensed in the State of Florida. The reason you see my name pop up in other states is that I am frequently an expert witness and trial consultant on cases, working for the lawyer who is licensed in that state. My law firm, Garfield, Kelley and White…[...]

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Tags: accounting, CALIFORNIA, Chase, Florida, loan level accounting, sanctions against banks, securitization report, Servicer advances, title report, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

In thinking about how to present the issues in cases where the loans are part of a securitization process, whether successful or unsuccessful, I realized that one of the things that I failed to do was bring the attention of the court to the the cornerstone of the transaction --- the loan closing, rather than the the actual chronological first…[...]

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When I first got into this mortgage mess I called counsel for Aurora on a foreclosure case pending in California. I asked him how the currently self-designated entity pursuing foreclosure could justify its actions. His answer was “we are the holder.” So I asked him again why a company that has no financial stake in the outcome and who clearly…[...]

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Tags: appraisal fraud, Daiwa Products, Davis vs. West, for value, Inc. v Nationsbank, Kind v Gittman, N.A, U.S. v Second National Bank of North Miami, UCC 3-305
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

When the news of Madoff first made it into the media from which we think we get the information on what is happening in the world, I had two thoughts --- both related to my own experience on Wall Street. The first thing was that at $60 Billion it was impossible for all the big bankers (see Simon Johnson's Thirteen…[...]

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Reported figures on the financial statements of the "13 banks" that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out to bogus mortgage bonds. So…[...]

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Tags: ABN AMRO, Access Mortgage, Citi, Citimortgage, CPCA Trust 1, docket, Fannie, First National, Freddie, Ginny, IRS AMNESTY, LaSalle bank, MERS, note holder, REMIC, securitization, VA
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Probably the most misunderstood aspect of the securitization process is that the banks are able to claim there was no securitization when in fact there was. This is especially true in GSE's like Fannie, Freddie, Ginny and the VA. When you are researching loans you hit a brick wall when you get to the GSE. And there are terms thrown…[...]

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Tags: Fannie, Ginny, government guaranteed mortgage loans, GSE, ownership of the loan, securitization, VA Loans
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Jon Stewart committed his entire show to the mortgage crisis last Wednesday night. Go watch it. It wasn't funny although they added some comedic aspects. The bottom line is the question "why aren't these people in jail?" And the media was scorched with the fact that despite a constant culture of continuing corruption and absurd "transactions" in which paper goes…[...]

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Tags: BlackRock, Corere, credit default swaps, DOJ, fraud, GRETCHEN MORGENSON, Jon Stewart, JPMorgan Chase, wrongful foreclosure
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Darline Spencer hit the bulls-eye once again. Here she talks about how one loan was multiplied into many loans all of which were sold to investors, but resulted in accounting anomalies that had to be covered up. Here is what she says: Confusing but it appears as I have claimed initially. They took a real Mortgage and ballooned it into…[...]

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