Submitted by O. Max Gardner O. Max Gardner III Gardner & Gardner PLLC PO Box 1000 Shelby NC 28151-1000 704.418.2628 (C) 704.487.0616 (O) 888.870.1647 (F) 704.475.0407 (S) maxgardner@maxgardner.com www.maxgardnerlaw.com www.maxbankruptcybootcamp.com Next Boot Camp:  May 20 to May 24, 2010 The Florida Times-Union May 14, 2010 Florida AG investigating 'bogus’ foreclosure records Source URL: http://jacksonville.com/news/florida/2010-05-14/story/state-investigating-bogus%E2%80%99-foreclosure-records By Steve Patterson Florida’s attorney general…[...]

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May 14, 2010 Regulators Close Four Banks By THE ASSOCIATED PRESS WASHINGTON (AP) — Regulators on Friday shut down the Midwest Bank and Trust Company in Elmwood Park, Ill., as well as three smaller banks in Georgia, Michigan and Missouri to bring the number of bank failures this year to 72. The Federal Deposit Insurance Corporation took over Midwest Bank…[...]

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Submitted by a reader from an unknown source -- might be Dr. Housing Bubble, which is another Blog Housing never really improved – 10 charts showing the United States housing market is entering the second wave of problems. 1 out of 4 people with no mortgage payment in the last year are still not in the foreclosure process. To put…[...]

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OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of the chain of securitization and…[...]

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Tags: acceptance of assignment, assignment, Assignment and ASsumption Agreement, borrower, creditor, DEBTOR, DISCOVERY AND MOTION PRACTICE, execution of assignment, HERS, Motion Practice, Pooling and Servicing Agreement, securitization chain, securitization documentation, status of assignment, trustee
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

In Court, a prima facie case is, in plain English, the completion of a party's burden of proof. That means if you are seeking AFFIRMATIVE relief from the Court, then you have the burden of proving your case. In order to prove your case you must present evidence. Your evidence must conform to the legal requirements or elements of your…[...]

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Tags: adversary judicial proceeding, AFFIRMATIVE RELIEF, BREACH, BURDEN OF PROOF, damage, duty, evidence, judicial, negative relief, non-judicial, orientation of parties, prima facie case
Posted in Corruption, Eviction, expert witness, securities fraud, Servicer |

One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge of "Asset Acquisition." His name…[...]

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Tags: beneficiary, DEED OF TRUST, Deutsch Bank, fiduciary, HERS, investors, One West, OneWest, Payee, payor, securitization, servicer, Tape recording, transparency, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Investment banks bundled mortgage loans into securities and then often rebundled those securities one or two more times. Those securities were given high ratings and sold to investors, who have since lost billions of dollars on them. Editor's Note: The significance of this report cannot be overstated. Not only did the investment bankers LOOK for and CREATE loans guaranteed to…[...]

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Tags: accounting, Bank of America, BofA, bundled, BURDEN OF PROOF, Charles Koppa, Citigroup Inc, Countrywide Home Loans, damages, Deutsche Bank AG, Fitch ratings, Goldman Sachs, GRETCHEN MORGENSON, guaranteed to fail, injunction, JP Morgan Chase, Louise Story, Merrill Lynch, modifications, Moody's Investor Service, prima facie case, rebundled, securitization, short sales, Standard & Poor's, Substitute Trustee, The New York Times, yield spread premium
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor's Note: While the courts hear arguments and decide this way and that about standing and real party in interest, the elephant in the living room is that we have highly publicized reports of LOSSES associated with more than $5 trillion in loans bought or guaranteed by Fannie and Freddie. That amounts to around 25 million loans more or less.…[...]

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Tags: bailout, Debt Collection, Fair Game, Fannie, Freddie Mac, Gretchen Morgenson’s, losses on loans, REAL PARTY IN INTEREST, standing, unsecured debt
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or "confidential documentation." Don't make it your problem to unravel it. Use your strength to force THEM to prove…[...]

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Tags: Arthur M. SchackJ. S. C, Fordham Law Review, George, GMAC MORTGAGE CORPORATION, JPM, lender, loan originator, MERS, NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, non-judicial, originator, Precious L. Williams, REAL PARTY IN INTEREST, SERIES 2004-AR4, servicer, shack, standing, Steven J Baum, trustee, vacate, Vacate foreclosure judgment
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

APPRAISAL FRAUD IS THE ACT OF GIVING A RATING OR VALUE TO A HOME THAT IS WRONG --- AND THE APPRAISER KNOWS IT IS WRONG. This can't be performed in a vacuum because there are so many players who are involved. They ALL must be complicit in the deceit leading to the homeowner signing on the the bottom line and…[...]

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Tags: access to the information, Appraisal, appraisal company, appraisal fraud, builder, closing agent, credit cards, deceitful lending practices, developer, errors and omissions insurance, fair market value, false appraisal, fees, fraud, HERS, insurance, kickbacks, lenders, MORTGAGE BROKER, profit, rating, reabtes, Reg Z, TILA, title agency, trustee, Truth in Lending Act, value, verification, yield spread premium, YSP
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