see comp-pr2010-59 SEC Complaint V GS Fraud "The Commission seeks injunctive relief, disgorgement of profits, prejudgment interest and civil penalties from both defendants." Editor's Note: Here is where the rubber meets the road. This same pool of illegal fraudulent profit is also subject to being defined as an undisclosed yield spread premium due to the borrowers. Some enterprising class action…[...]

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Tags: 10b-5, 15 U.S.C. §77q(a), 15 U.S.C. §78j(b) and Exchange Act Rule 10b-5, 17 C.F.R. §240.10b-5, ABACUS 2007-AC1, ACA, ACA Management LLC ("ACA"), CDO, discovery, Exchange Act Rule 10b-5, Fabrice Tourre, flip book, fraud, Goldman Sachs, HERS, investment banks, marketing material, material misstatements and omissions, offering memorandum, Paulson & Co. Inc. ("Paulson"), portfolio, resecuritized CDO market, residential mortgage-backed securities ("RMBS"), RMBS, SEC, Section 10(b) of the Securities Exchange Act of 1934, Section 17(a) of the Securities Act of 1933, subprime, term sheet, Tourre
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor's Notes: They are STILL doing it. This report clearly shows that the main players are still packaging sub-prime loans (which most people would define as loans likely to fail). The reason is money. The higher the spread the higher the yield spread premium. These YSP's are still not reported to borrowers. They are hidden from both investors and borrowers.…[...]

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Tags: alternative-A credits, American General, Asset Backed Alert, cause of action, DEUTSCHE BANK, Harrison Scott Publications, HERS, pattern to withhold information, RBS, statute of limitations, subprime-mortgage securitizations, Subprimes, toxic assets, yield spread premium, YSP
Posted in bubble, Corruption, Eviction, securities fraud |

Hi All, I filed a lawsuit against NC, Wells Fargo, and DB in June 2008. I was given a TRO based on my making my regular mortgage payment. Which I did, but they only cashed 1/2 of the checks, then sent the money back to me, put a stop payment on that check, then went in and asked for the…[...]

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REGISTER NOW: CLICK HERE -->REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP 5/23-24 From the very start, three years ago when I predicted the crash and the rash of foreclosures which would virally spread around the world, my goal was to provide tools to everyone that would enable them to stop the flood. So far, I have succeeded in only…[...]

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Submitted by dan, whom I think is 100% right here: After a closer look at trust law (see Gilbert Law Summeries on Trusts by Edward C. Halbach Jr), the 4 critical elements of a trust are: 1. trust intent. 2. specific trust res or property. 3. properly designated parties. 4. valid and legal trust purpose. A grantor/trustor must objectively manifest…[...]

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Tags: beneficiary, creditor, DEBTOR, equitable title, fiction, Gilbert Law Summeries, grantor, Halbach, legal title, note, res, settlor, trust, trust indenture, trust property, trustee, Trustor
Posted in bubble, Corruption, Eviction, securities fraud |

FROM drhDe.u5a.htm This is both a HERS post and a general post for those seeking discovery of documentation. You can Google this information also. This is also what I am asking all of you to send in to me for posting. I'm backdating the HERS posts like this generally to February and March so as not to crowd out current articles…[...]

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Tags: (203) 661-6186, (949) 517-7000, (Commission File Number), (IRS Employer Identification No.) 20-2698835, 06830, 11/01/07, 1610 E. St. Andrews Place, 20-2698835, 333-139507-02, 599 West Putnam Avenue, 8-K{6, 92705, approvals from the rating agencies, Bruce M. Rose, CA, Carrington Capital Management, Carrington Mortgage Loa..2007-HE1, Carrington Mortgage Loan Trust/Series 2007-HE1, Carrington Mortgage Services, Central Index Key (CIK), Change in Servicer or Trustee., CMS, Connecticut, DELAWARE, EMC Mortgage Corporation, Freddie Mac, Greenwich, HERS, Item 6.02, L.L.C., LLC, LLC (“CMS”, Mayer Brown & Platt/FA, New Century Financial Corporation, New Century Mortgage Corporation (“NCMC”, periodic report, Pooling and Servicing Agreement, Pre-commencement communications pursuant to Rule 13e-4(c), Pre-commencement communications pursuant to Rule 14d-2(b), Prospectus, RPS4” by Fitch Ratings (“Fitch”)., Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)), Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12), Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)), Rule 424 of the Securities Act of 1933, Rule 425 under the Securities Act (17 CFR 230.425), Rules, Santa Ana, SEC File 333-139507-02, SEC Rules, servicing assets, Seven Greenwich Office Park, Soliciting material pursuant to Rule 14a-12, STANWICH ASSET ACCEPTANCE COMPANY, Wells Fargo Bank, Written communications pursuant to Rule 425
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Challenge everything, assume nothing. The chances are that through this shadow banking system, your loan was paid in whole or in part through third party insurers, counterparties, federal bailout etc. Without an accounting from the CREDITOR, there is no basis for claiming a default. What the other side is doing is centering in on the note, which is only part…[...]

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Tags: accounting, creditor, DEBTOR, discovery, enforcement of obligation, Lehman, motino practice, Obligation, unsecured obligationunsecured note
Posted in Corruption, Eviction, securities fraud |

Editor's Note: This article might help you understand the workings of a yield spread premium. For every 1% difference in interest rate the "cost" of the loan to you goes up 19%. Now if you look at it from the point of view of the "lender" that means the "value" goes up by 19%. That means, on a $100,000 loan…[...]

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Tags: bank, interest rates, Investor, MORTGAGE BROKER, mortgage originator, source of funds, tier 1, Wall Street, yield spread premium
Posted in bubble, Corruption, Eviction, securities fraud |

From Eaine B Editor's Note: I have long advocated sending letters, objections to sale and complaints against "trustees" named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a nominal party in a lawsuit…[...]

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Tags: 15 USC 1692, accounting, backdated, county records, credit report, creditor, Eaine B, Fair Debt Collections Practice Act, FDCPA, Foreclosure scams, forensic analysis, fraudulent scheme, HERS, Lance Olsen, MERS, Moral Hazard, Mortgage Electronic registration Systems, nominal party, non-judicial states, Northwest Trustee Services Inc, objections to sale, pretender lender, procedural, process serving company, Routh Crabtree Olsen, servicer, Stephen Routh, Substitute Trustee, Substitution of Trustee, title, title report, triple damages, TRUSTEES, undated, usa-foreclosoure.com, violation
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

"relief from the sale order is warranted by law whether there was an innocent mistake or deliberate concealment." Editor's Note: When you watch these events unfold, you might begin to realize that the windfall is not to the homeowner who gets the foreclosure thrown out of court, it already happened for the financial players who continue to reap their rewards.…[...]

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Tags: bankruptcy, Barclays, BLOOMBERG NEWS, Bryan Marsal, disclosure, foreclosure defense, foreclosure offense, Gaffey, HERS, Jones Day, Judge James Peck, Lehman, United States District Court in New York, windfall
Posted in Corruption, Eviction, expert witness, securities fraud, Servicer |