MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE JUDGES ARE STARTING TO EXAMINE DOCUMENTS AND THEY DON'T LIKE WHAT THEY ARE SEEING "Thus, while A.R.S. §33-807(E) may operate to dismiss a trustee in certain instances, if one of the allegations of a complaint is that the entity purporting to act as trustee has not been legally…[...]

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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S NOTE: Anyone who has entered into mortgage modification process with BOA or any other bank acting as servicer or otherwise knows the story. The Bank does everything it can to delay the process until the borrower gets into serious trouble and then the bank claims that the…[...]

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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR'S NOTE: I'm not sure where the piece originated from but it seems credible. I do know that there are approximately 2 dozen lawsuits in the process of being filed or served on law firms that engaged in unlawful robosigning within their offices. "Robosigning" is code for forgery…[...]

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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Calwestern is a standard player in foreclosures. The thing to remember is that the function of Calwestern, Recontrust (BOA) et al did not exist before securitization. So the question to ask is why would they need a substitute trustee or different servicer to pursue foreclosure if the case…[...]

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Your Client's Securitized Mortgage: A Basic Roadmap PART 3: Dealing with Notes and Assignments [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap By O. Max Gardner, III and Richard D. Shepherd Part 3: Dealing with Notes and Assignments There are two basic documents involved in a residential mortgage loan: the promissory note and the mortgage (or deed of trust). For…[...]

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Your Client's Securitized Mortgage: A Basic Roadmap PART 2: Transaction Steps and Documents [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap: By O. Max Gardner, III and Richard D. Shepherd Part 2:  Typical transaction steps and documents (in private-label, non-GSE securitizations) 1. The Originator sells loans (one-by-one or in bundles) to the Securitizer (a/k/a the Sponsor) pursuant to a Mortgage…[...]

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Your Client's Securitized Mortgage: a Basic Roadmap Part 1 [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap PART 1: The Parties and Their Roles The first issue in reviewing a structured residential mortgage transaction is to differentiate between a private-label deal and an “Agency” (or “GSE”) deal. An Agency (or GSE) deal is one involving Fannie Mae, Freddie Mac, or…[...]

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GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WILLFUL CIRCUMVENTION OF JUDICIAL PROCESS GIVES RISE TO SUIT FOR DAMAGES 110509-MERS-Class-Action-Complaint This pleading has several elements worthy of note and seem well-pleaded. Some of the "juicier" ones are toward the end. The key concept is that under recent decisions, any foreclosure and/or dispossession by MERS is VOID AB INITIO (FROM…[...]

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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE HERRERA DECISION CLICK HERE Judge Monaco and the Fantastic Floating Allonges by Mike Wasylik – http://floridaforeclosurefraud.com/ Some foreclosure plaintiffs are trying to cash someone else’s checks. Some foreclosure plaintiffs are trying to cash checks that don’t belong to them, and forging evidence along the way to help…[...]

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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “It’s a huge problem,” said the economist Sam Khater. “Reducing negative equity would spark a housing recovery.” Big Banks Easing Terms on Loans Deemed as Risks EDITOR'S COMMENT: The banks know they have little chance of winning this battle when the end of the day is reached. And…[...]

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