REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP SHOW ME THE BOND!: 9th CIRCUIT AFFIRMS BACKDOOR REQUIREMENT FOR ENHANCED "CREDITOR" DISCLOSURE REQUIREMENTS IN CHAPTER 13 PLAN: SEE chapter 13 debtorsHerrera Monroy opinion 09-1175 (9th Cir BAP 01 05 2010) Among the things we will cover at the May workshop on Motion Practice and Discovery, are the many ways the pretender…[...]

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From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the note must be endorsed in…[...]

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Analyzed and Presented by Charles Koppa, MORTGAGE AUTOPSIES There are 131 pages within links at the bottom for Maiden Lane Disclosures (a year later).  They give ONLY NAMES of nearly 800 underlying Securities Trusts with NO NAMES/LINKS to the original Grantors in the Deed of Trust for underlying "toxic mortgages" which attach real estate collateral that allowed securitization for each CUSIP.  That information remains in the hands of third party…[...]

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In the NY Fed disclosure of the TARP payments, they show various certificates that were tendered for cash. In Maiden Lane I, it shows the CDS’s for 11 certificates from the WFHET_05-2, mostly M8 but also an M9 and M7 certificate. Some of the values show a positive amount (8,200,000, i.e) and some show negative balances (-10,000,000 i.e.). This was…[...]

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Editor's Note: Put simply this crisis will still be ongoing in 20 years. When you add the student loans that were securitized and which were "non-dischargable" in bankruptcy because of the government guarantee of the "risk" (which never existed because the risk was sold before the loan was ever funded, hence the guarantee should not flow with sale of loans…[...]

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We wish this story was an April Fool’s joke, but sadly it is not. Several borrowers who have filed challenges to nonjudicial foreclosures in Northern California and sought a Temporary Restraining Order to cancel a Trustee’s Sale were denied such relief by a “clerk” or “law clerk” who “appeared” at the hearing in lieu of the presiding Judge, who never…[...]

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Assume that the transaction is a single transaction. The investor (creditor) lends the homeowner (debtor) money. Thus arises the obligation from the debtor to pay the creditor. In securitized loans a peculiar thing happens. The debtor signs a note like in all the old kind of mortgage loans, but the creditor gets a bond. As stated elsewhere on this blog…[...]

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So here is the deal. MERS allows anyone with a password and user ID to sign papers for them whether they are authorized or not. That policy continues but they now want people to complete "certification" to act as authorized signing officer. Keep in mind that once a person has gained entry to the system they can change the names…[...]

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See the thing about the arrogance of these non-bank and bank financial institutions is they are rushing to get under the wire before the truth is revealed: they are not the creditor and they never were. Send your debt validation letters and don't let them sue without filing a motion to dismiss the same as the foreclosure actions. They have…[...]

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