The bank transferred mortgage-backed securities to a trading partner with the idea of receiving different securities later and classifying the deals as sales, the Wall Street Journal reported yesterday. The securities the bank received were similar to those it got rid of, meaning the transactions can’t be considered sales, the newspaper said. Bank of America had disclosed in a March…[...]

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A misrepresentation is fraudulent if the maker (a) knows or believes that the matter is not as he represents it to be, (b) does not have the confidence in the accuracy of his representation that he states or implies, or (c) knows that he does not have the basis for his representation that he states or implies. Inflated values were…[...]

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Tags: disclosure, George W. Mantor, Lender Liability, predatory lending, securitization, trustee
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Please send pleadings motions and order to ngarfield@msn.com NEVADA case law. Joseph Brown, Plaintiff vs. Wells Fargo Bank. Plaintiff Brown wins a temporary injunction against mortgage giant Wells Fargo. Also, defendants Motion to Dismiss was denied. The case is bound over for trial.[...]

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From Mandelman Matters Blog: Mandelman Blog A few weeks ago, Fannie Mae issued an outright threat to homeowners in this country, creating a new rule that would punish anyone who stops paying their mortgage and walks away from their home, referred to as a “strategic default,” by not allowing those who choose that path to get a Fannie Mae loan…[...]

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Over and over again, investors are coming out of the woodwork. When will they realize they are in perfect position to assert ownership of the loans and workout deals with borrowers that make sense to everyone? Goldman Sachs, Citigroup Sued Over Subprime Loans By William McQuillen - Jul 12, 2010 Goldman Sachs Group Inc., Citigroup Inc. and Morgan Stanley were…[...]

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AMBAC Assurance Corporation v EMC Mortgage Corp, EDNY.July 9.2010.Motion to Compel Production Now that these venerable institutions have turned into ankle biter's, their claims to compel production and other forms of discovery are being heard by the same judges that turn down similar claims from borrowers. In this case AMBAC is suing one of the mortgage aggregators alleging that the…[...]

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Investors are starting to wake up. First, they are filing suit in any court of competent jurisdiction alleging fraud in the sale of mortgage-backed securities. As discovery proceeds, they will also discover that despite assurances to the contrary not all of the money they advanced was used for the purchase of mortgage loans. In discovery, they will find that a…[...]

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McCaffery DEUTSCH- Court Order re preliminary injunction hearing[...]

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I recently heard that phrase and it motivated me to remind you that we are all leaders. Leaders teach those who notice them as examples or in their roles as rule-makers. In this foreclosure and economic crisis, we all have a pretty good sense of right and wrong. 20 million households have been robbed of their wealth, their lifestyle, and…[...]

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This is what scares the hell out of the pretender lenders. The reason? Because it transfers POWER from them to the borrower. They have embarked on numerous "ventures" in PR, rumors and even attempts at criminal investigations to scare off people from dumping their sour investments. The people who have shared their stories with me basically all say the same…[...]

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