Lately I've been besieged with a flurry of well written motions that are intended to knock out the pretender lender in one punch. People are asking whether there is one single motion that could just end it all. The answer of course is anything is possible. For the past two years, pro se litigants and lawyers merely had to file…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, securitization
Posted in bubble, Eviction |

See 15522201-Tila-Disclosure-Req-Viol-Remedies Amongst the various emails, requests for assistance and comments on the blog there are some threads. Most people, even lawyers, mistake the remedy of rescission for something else. The first thing you need to know is that, no, you don't give your house "back" to the lender because you never got your house from the lender (pretender lender)…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

BofA's Countrywide loses court ruling on mortgages -- Modifications Not Authorized By Investor May be Invalid There is lots of significance about this decision. First it shows that if the investor is going to sue it is going to be against the intermediary pretender lenders and not the borrower --- because they don't want to expose themselves to liability for…[...]

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Tags: borrower, countrywide, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

My Bad! Woman's House Mistakenly Auctioned by Bank  By TODD WRIGHT You know times are tough when people are getting kicked out of their house when it’s not even for sale. That’s what happened to Anna Ramirez after she found all of her stuff out on the front lawn of her Homestead home last week and a strange man demanding…[...]

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Posted in Uncategorized |

From Kevin A McKenna. A very good explanation about MERS and nominees. Note especially the reference to creating two entities to exercise collection and foreclosure instead of one thus reinforcing the argument of financial double jeopardy. The MERS deed would therefore be void, as he says. Thus there would be no security, probably no note and maybe no obligation either…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, lost note, Mortgage, mortgage meltdown, quiet title, securitization, trustee
Posted in bubble, Eviction |

From the Los Angeles Times Opinion Saving homes with a 'right to rent' The plan would help owners facing foreclosure and preserve neighborhoods. By Dean Baker August 12, 2009 Less than 10% of homeowners facing foreclosure have benefited from the Obama administration's mortgage modification program, according to a Treasury Department report this month. This plan is the third federal mortgage…[...]

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See Asset Securitization Comptroller's Handbook The basic model we have developed tracks the money and with that, the intent behind seemingly irrational decisions. For example, why would any lender seeking to make a profit grant a loan whose interest payments were greater than the gross income of the borrower? That is not taking a risk. That is betting on a…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, securitization
Posted in bubble, Eviction |

August 10, 2009 Editorial $75 Billion Carrot, but Few Nibbles In March, the Obama administration began an antiforeclosure effort that offers lenders up to $75 billion in incentives to modify troubled mortgages. If that sounds like a lot of money, it is. But so far, it has not been enough to persuade the mortgage industry to do what is needed…[...]

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Tags: borrower, disclosure, fraud, Lender Liability, modifications, securitization, trustee
Posted in Eviction |

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke..."Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?" You have seen and heard why Neil and I declare we are of the belief…[...]

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Tags: bailout, borrower, borrowers, brad keiser, Chapter 13, countrywide, credit, credit crisis, depression, disclosure, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, foreclosures, lawyers, lender, Mortgage, mortgage meltdown, Paulson, predatory lending, quiet title, rescission, RESPA, securitization, TILA, TILA audit, TILA rescission, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The prevailing view by homeowners and lawyers is that we are at war with Wall Street, the banks and even investors. People are angered by the bailouts of big financial institutions while the homeowners, the backbone of our economy are given nothing. It is easy to be swayed by emotion when your life and everything you have worked for by…[...]

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