The banks have paid tens of billions of dollars in settlements with Federal and State agencies and law enforcement. Where did the money go? But more importantly the real question arises out of the investigation and the question Elizabeth Warren keeps asking --- which homes were found to have defective notes and mortgages as alleged by investors in their lawsuits…[...]

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Tags: defective mortgage liens, Elizabeth Warren, government settlements, illegal foreclosure, JPMorgan, unenforceable notes, wrong ful foreclosure
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, Servicer |

This is a nice question to answer for people who have already won their cases successfully defending against a wrongful foreclosure. It is nice because homeowners are winning more and more cases. But it is equally relevant to those who are not in litigation and who think they have clear title and are out of the woods because they are…[...]

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Tags: Judgment for the Homeowner, quiet title, Slander of credit
Posted in Uncategorized |

I went to a hearing yesterday on the Bank's Motion for Summary Judgment. The Motion had the usual deficiencies and the affidavit was, as usual, worthless because the witness failed to state any basis for personal knowledge. The attachments to the motion were absent. The Bank avoided the allegation that it ever made a loan and avoided any allegations that…[...]

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Tags: business records exception to hearsay rules, exceptions to hearsay, foreclosure, hearsay, motions in limine, OBJECTIONS, required notice on business records
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

TIME FOR ACTION For services to attorneys and homeowners --- Call 520-405-1688  for West Coast and 954-495-9867 for East Coast The turning point has arrived as I noted a few articles ago. Courts are acknowledging that the so-called lenders are evading discovery and not making a prima facie case. The Banks are slowing the filing of the foreclosures because it…[...]

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Posted in Uncategorized |

I have been receiving an increasing amount of mail and comments about whether foreclosure mills or foreclosure firms should be subject to bar discipline and whether they could be sued. The issue is complex. Here is my take---- If the lawyer is party to fabrication of documents, forgery, and subordination of perjury (knowingly proffering a witness whose testimony is known…[...]

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Tags: Bar grievances, legal malpractice, risk analysis report, threats of grievance, wrongful foreclosure
Posted in Corruption, evidence, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in an active case before him.…[...]

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Tags: creditor, disclosure of exhibits, disclosure of witness, foreclosure, money trail, pretrial statements, rules of evidence, securitization, table funded loans
Posted in Corruption, evidence, foreclosure mill, Modification, Motions, Pleading, Servicer |

The link below will take you to an article from salon.com. It is a very thorough examination of the benefits and effects of all the sanctions, damage awards, and fines that banks are paying. The upshot is that most of the bank payments for illegally taking money and property are going to government instead of the victims. And the obvious…[...]

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Posted in Uncategorized |

In my newly formed practice and thanks to the diligent work of my partners at GGKW, we have discovered something that is over the top even by current standards in the current mortgage mess, to wit: servicers, banks and other entities are receiving complete payoffs of the mortgage upon the death of the insured homeowner and then either (1) getting…[...]

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Tags: accidental death insurance, damages, mortgage bond insurance, mortgage insurance, PMI, Sanctions, Wells Fargo
Posted in Corruption, Eviction, evidence, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Corroboration of Basic Thread of Livinglies Blog: Banks are Claiming Assets That Really Belong to Investors From complexity to simplicity: the banks diverted title to the loans from the investors to their puppets --- bankruptcy remote vehicles whose sole purpose was to act as though they were lenders or acquirers or aggregators of the loans. If the loans were properly…[...]

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Tags: Investors own the loan, ownership of loans, ownership of mortgage bonds
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Just a short note today because I am busy with hearings and administration. If you look at the media, you could easily believe that the foreclosure crisis is all but over. It is true that the number of new Foreclosures has dropped. That drop is meaningless for two reasons, to wit: many banks are regrouping because of new legislation that…[...]

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Posted in Uncategorized |