THE BOTTOM LINE IS THAT CASE LAW IN VARIOUS CASES REPORTED IN THIS BLOG SHOWS THAT WHEN ONE INSTITUTION CONFRONTS ANOTHER, THE APPARENTLY INFERIOR LIEN BECOMES EITHER SUPERIOR, OR THE ONLY LIEN. CONDOMINIUM ASSOCIATIONS, HOMEOWNER ASSOCIATIONS TAKE NOTE: YOUR LIEN MIGHT BE WORTH THE ENTIRE HOUSE IF YOU FILE FOR A DECLARATORY ACTION RAISING THE PRIORITY OF YOUR LIEN. HELOC…[...]

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Tags: ASSOCIATION LIEN, HELOC, PRIORITY OF LIENS, Reg Z, SECOND MORTGAGE, table funded loans, truth in lending, UCC
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

2006-Predatory Structured Finance-Christopher L. Peterson, U.of FLA-Legal Series This article makes three intellectual contributions to this national debate: First, it argues that the current notion of predatory lending has been cast too narrowly. Some of the businesses that sponsor securitization of residential mortgage loans are aware of and capable of preventing mortgage predation. Accordingly, the label “predatory structured finance” is…[...]

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Tags: CHRISTOPHER L. PETERSON, Predatory Structured Finance
Posted in Corruption, expert witness, foreclosure mill, Motions, Pleading, securities fraud |

EDITOR's comment: Everyone seems to agree that nobody really knows the identity of the creditor in the millions of mortgage transactions that were created from 2001 to 2008. Yet the general consensus from the administration and the media is that these transactions should be enforced anyway. The idea of enforcing a transaction in which only one of the parties is…[...]

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Tags: borrower, bull market, congress, creditor, David Streitfeld, fraud, fraudulent appraisals, fraudulent loan transactions, housing market, identity of the creditor, Investor, Ny Times, Obama, speculators, Wall Street
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Editor's Note: The idea here is to further obscure the role of the parties and improve the ability of the pretender lenders to claim plausible deniability for improper, illegal and fraudulent acts in and out of court. It also creates the impression that MERS was a real company with a real purpose instead of fake entity to use as a…[...]

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Tags: Genpact, MERS
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IS MY LOAN SECURITIZED? $39 SPECIAL CLICK HERE CLICK HERE TO WATCH FREE INTRO TO LAWYER DVD ORDER LAWYER CLE DVD SET FULL DAY SEMINAR ORDER DOWNLOAD OF LAWYER\'s WORKBOOK START HERE: LIVINGLIES LOAN SPECIFIC LUMINAQ TITLE SEARCH WITHOUT COMMENTARY $199 SUBSCRIBING MEMBERS RECEIVE $20 STORE CREDIT ON TITLE SEARCH WITHOUT COMMENTARY 7 DAY PROMOTION FOR ALL READERS: DOWNLOAD ATTORNEY…[...]

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Tags: deeds of trust, foreclosures, reverse mortgages, Securitisation, securitization, security, title agent, title search, trustee
Posted in bubble, Modification, Motions, Pleading, securities fraud |

TUNE IN, CALL IN AND SHARE THE EXPERIENCE WITH JON LINDEMAN, NEIL GARFIELD STREAMING LIVE SUNDAY MORNING, BROADCAST FROM ORLANDO TO THE KEYS, AVAILABLE STREAMING AUDIO NATIONWIDE. 877-850-8585 call in Streaming at: http://delicast.com/radio/florida/850_WFTL or go to http://www.850wftl.com and click “listen live” on the upper left part of the page but you’ll have to save and open a file… Jon and…[...]

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9.02.10 OHIO APPEALS NO NOTE In the instant case, the vast majority of evidence submitted by U.S. Bank in support of its motion for summary judgment could not be considered under Civ.R. 56 given that all of the documents attached to U.S. Bank’s motion were not properly incorporated into the affidavit submitted in support of the motion. Civ.R. 56(C), (E).  …[...]

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Nevada Order MERS and OCWEN get bashed again Plaintiff’s evidence that Trustee Corps filed the NOD while it was still a stranger to the mortgage shows that there is at least a question of fact as to whether foreclosure here was statutorily defective. The Court therefore denies the motion to dismiss as to the causes of action for wrongful foreclosure,…[...]

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Editors Comment: These two articles taken together tell the whole story, although the editorial presumption by the NY Times about median income is just plain wrong, as Reich points out. The simple answer to the recovery is to put money back into the hands of those who spend in an economy that everyone agrees is 70% driven by consumer spending.…[...]

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SEND A LINK TO THIS PAGE TO EVERY ATTORNEY YOU THINK KNOWS WHAT HE/SHE/THEY ARE DOING. Also if there is anyone out there that is willing to create a spreadsheet and keep it up to date based upon the list being created as a volunteer, please let me know by writing to neilfgarfield@hotmail.com. Dear Lawyer: I don't seek or accept…[...]

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