The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to prove up the contents of…[...]

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Tags: Eviction, evidence, foreclosure, foreclosure defense, foreclosure offense, fraud, lost, lost document, lost note affidavit, quiet title, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Appraisal negligence and/or fraud is overlooked by many. Appraisers are usually licensed and insured. Filing a complaint with the licensing board as well as sending a demand letter to them to forward to their carrier could produce some substantial results. And remember that the originating "LENDER" supposedly has a committee or person verifying the appraisal independently --- which is what…[...]

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Tags: appraisal fraud, appraisals, appraiser's insurance, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

Whitley 3rd amended Complaint Whitley order on mtd Taylor Bean Thanks everyone for sending me the full text OF THE OPINION.  VERY IMPORTANT CASE. Appraisal fraud, negligence, fiduciary duty, traced up to Taylor Bean. The reasoning in the opinion is at treatise-level. This Illinois Case and the cases it cites opens the door for traveling upstream in the securitization chain…[...]

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Tags: 12 U.S.C. § 2601, 15 U.S.C. § 1679b, 15 U.S.C. § 1691, 42 U.S.C. § 1981, 42 U.S.C. § 3605, Advance Lending Group, Bean, Blue Horizon Real Estate Corp., Cardenas, Civil Rights Act, Credit Repair Organizations Act, ECOA, Equal Credit Opportunity Act, Fair Housing Act, FHA, Ochoa, Ospina, Real Estate Settlement Procedures Act, RESPA, Taylor
Posted in bubble, Corruption, Eviction, securities fraud |

By Greg Gordon, McClatchy Newspapers Greg Gordon, Mcclatchy Newspapers Mon Nov 2, 6:00 am ET SAN JOSE, Calif. — When California wildfires ruined their jewelry business, Tony Becker and his wife fell months behind on their mortgage payments and experienced firsthand the perils of subprime mortgages. The couple wound up in a desperate, six-year fight to keep their modest, 1,500-square-foot…[...]

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Tags: bailout, borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Goldman Sachs, Lender Liability, mortgage meltdown, predatory lending, quiet title, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

Sometime back in the early Spring and Summer of this year, I had a series of meetings with Arizona officials from the legislative and executive branch right up to the top, an Alabama Class Action firm of some repute, and telephone conversations with the U.S. Attorney, and several other class action attorneys researching "relater" and class actions. I presented a…[...]

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Tags: bailout, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, inflation, Lender Liability, lost note, mortgage meltdown, quiet title, rescission, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

We end up listening to information, not evidence, from lawyers who are not sworn in as witnesses, as to matters that are totally outside their scope of knowledge. And then we end up arguing over giving title to a party who admittedly doesn't have one dime committed to the transaction and who stands to lose nothing. If the foreclosure goes…[...]

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Tags: bailout, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

if you peal away the apparent differences you find that there is an inherent joinder of interest investors and borrowers: both were deceived and both lost nearly everything they had by purchasing a financial product that was misrepresented --- artificially inflated as to quality and value. And both were subject to the same MO --- using third parties to create…[...]

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Tags: borrower, countrywide, disclosure, foreclosure defense, foreclosure offense, fraud, inflation, JP Morgan, Lender Liability, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

If you can get through the formatting errors, it is worth reading. Judge Mayer clearly states that "The original lender, WMC Mortgage Corp., apparently had the mortgage assigned to entities other than this plaintiff: however, there is no proof of assignments annexed to the moving papers and no proof that this plaintiff is the proper plaintiff." Thus standing comes to…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, lenders, lost note, securitization, trustee, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

  NOW AVAILABLE ON AMAZON KINDLE "The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be the moving party, and so…[...]

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Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
Posted in Eviction |

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW If you want a summary of about 75% of what we cover at the seminar in Clearwater, Florida on November 1-2, just read this article. I'll explain how we got to this point, the legal points to be raised and how to aim for the same result…[...]

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Tags: audit, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, foreclosures, fraud, Lender Liability, Mortgage, securitization, trustee
Posted in bubble, Eviction |