why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. Latest cases on standing, nominees,…[...]

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Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
Posted in bubble, Corruption, Eviction, securities fraud |

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn't really answer the real question. The real question is what is the identity of the creditor(s). The secondary…[...]

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Tags: AFFIRMATIVE RELIEF, amortization, assignment, assumption, authenticity of the assignment, BURDEN OF PROOF, credit default swaps, credit enhancement, cutoff date, DEED OF TRUST, discovery, full accounting of all payments, identity of the creditor, insurance, judicial economy, judicial proceeding, Mortgage, Motion Practice, non-judicial statutes, note, Obligation, offer AND an acceptance, owed on my obligation, payments from third parties, pooling and service agreement, prima facie case, pro se litigants, securitization, UNCONSTITUTIONAL
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor's Note: Judge Lippman is certainly onto something here. There is no doubt that the poor get the short end of the stick when it comes to legal matters. Whether this will have any effect on foreclosures is a question that cannot be answered as yet. With more people moving into the poverty level due to declining real wages and…[...]

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Tags: April Charney, CALIFORNIA, Eviction, Gideon v. Wainwright, indigent, JOBLESSNESS, Jonathan Lippman, Legal Aid Society, legal representation, National Legal Aid and Defender Association, New York, oligarchy, Steven Banks, wages, WILLIAM GLABERSON
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

It looks bad for the Florida Banker's Association (FBA) effort to convert Florida into a non-judicial foreclosure state. Wrong time in the wrong place under the wrong circumstances. Attorney Weidner was seen on TV giving instructions to homeowners to have them lobby legislators who were not too keen on the idea anyway, but you can never be sure when you…[...]

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Tags: assignments, Community Bankers Association, Florida, foreclosure mills, HERS, land trusts, legislation, Lender Processing Services, LLC, lobby legislators, State legislators, Weidner
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Taipan Daily: The Greatest Ponzi Scheme Ever by Adam Lass, Senior Editor, WaveStrength Options Weekly Over the past few days, Justice has written of the horrifying frauds that have been perpetrated on the U.S. public of late. He’s done a wonderful job exposing the grimy details of Goldman Sachs’ glorified three-card Monte con, wherein they racked up immense profits by…[...]

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The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising for a federal regulation to…[...]

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Tags: 12 U.S.C. § 1461, 12 U.S.C. § 2601, 15 U.S.C. § 1692, actual damages, bankruptcy, common law defamation, defense, emotional distress, et seq. (“FDCPA”), et seq. (“RESPA”), Fair Debt Collection Practices Act, federal preemption, HERS, Home Owners’ Loan Act of 1933, INDYMAC, late fees, LLC, Motion Practice, MOTION TO DISMISS, noneconomic damages, Ocwen Loan Servicing, Office of Thrift Supervision (“OTS”), OneWest, Pleading, qualified written request, quiet title, Real Estate Settlement Practices Act, removal, RESPA, slander, slander of title, state action, State Law Claims, TILA
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

BMcDonald kickthemallout.com bruce@kickthemallout.com 66.243.194.229 2010Most of us are trying to get the info from the banks, which they will not do unless forced. Well, now many of us can walk right in through the back door. FOIA requests! I fought for 7 months to get the bank to cough up the info and it only took 6 days by going…[...]

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Posted in Uncategorized |

Morgan Stanley's head of European leveraged credit trading has resigned. Robert Lepone, who oversaw various teams, including high yield bonds, leveraged loans, credit default swaps and distressed debt, left Morgan Stanley's London office for personal reasons, a spokesman said. His replacement will be announced in the coming weeks, the spokesman said, declining to comment further. Lepone's departure comes less than…[...]

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Tags: CastleOak Securities, credit products, European leveraged credit trading, HERS, investment-grade credit products group, Joseph McManus, leveraged credit trading, Morgan Stanley, Robert Lepone
Posted in bubble, Corruption, securities fraud |

Editor's Note: A strong indication that the financial services sector expert this foreclosure mess to be going strong for years to come. FCI: Nonperforming Loan Auctions Strong Through 2016 April 20, 2010 By National Mortgage News Online The auction of nonperforming loans will remain strong for six more years, with hedge funds and private investors continuing to drive the market,…[...]

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Tags: Albrecht, FCI Lender Services, Gordon Albrecht, HERS, Jon Daurio, Kondaur Capital, National Mortgage News
Posted in Corruption, Eviction, expert witness, securities fraud |

Failed Bank Information Information for IndyMac Bank, F.S.B., and IndyMac Federal Bank, F.S.B., Pasadena, Introduction Press Release Acquiring Financial Institution Question and Answer Sheet En Español Chinese Language Version (350 kb PDF File PDF Help) Banking Services Loan Customers Unclaimed Deposits Possible Claims Against The Failed Institution FAQ re IndyMac "No Value" Determination Priority of Claims Dividend Information Brokered Deposits…[...]

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Tags: Balance Sheet Summary, FDIC, foreclosure defense, FSB, FSB and OneWest Bank, HERS, IMB, IMB Holdings, INDYMAC, Lender Liability, Loan Sale Agreement Between the FDIC as Receiver for IndyMac Federal Bank, Master Purchase Agreement by and among FDIC as Conservator for IndyMac Federal Bank, OneWest, Purchase and Assumption Agreement, quiet title, securitization, Shared Loss Agreement Between the FDIC as Receiver for IndyMac Federal Bank
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |