What keeps us going here? Spending days interacting directly and indirectly with homeowners who are under such duress, in danger of losing so much, honestly I must confess it weighs on Neil and I some days. We understand it is not just a "piece of property" or an "asset," but that the "home" is a refuge for most people ...the…[...]

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Posted in Uncategorized |

The article below by Andrew Rosenfield is an excellent summary of the problems and contradictions facing the Obama administration. But it misses the same point that everyone has failed to ask about. If the intent was to sell the loans to investors and Wall Street took money for that sale, then we must assume that the investors own the mortgages…[...]

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Tags: bankruptcy, borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

Editor's Note: This article is on the right track. Using the guidelines of resolution trust, a fair and equitable distribution of risk and loss could be achieved while at the same time demonstrating to the world that the United States accepts the responsibility for what our "masters of the universe" on Wall Street and Main Street did to world commerce,…[...]

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Tags: bailout, borrower, credit, credit crisis, disclosure, foreclosure defense, fraud, Lender Liability, mortgage meltdown, securitization
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

Too many people are looking for an easy way out and reporting that Judge's don't like their arguments because they are going into court saying they don't owe the money and there is no obligation. This argument starts you off on the wrong foot and heads for disaster. The better approach is to start off with acknowlegding that a mortgage…[...]

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Tags: bankruptcy, borrower, Chapter 13, disclosure, foreclosure defense, foreclosure offense, Lender Liability, lost note, securitization
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

From M Solimon: {Editor's Note: Lots more here than meets the eye. You want to know what ledger entries were made by each entity and by what individuals and under whose supervision or instructions the entry was made. Besides being able to trace the holder in due course you will probably eliminate most of their claims by their own "admission"…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, RICO, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

From Sal Danna: When Countrywide took over the servicing from Greenpoint, the loan was already in default which automatically makes Countrywide a debt collector. If it was not in default, then a loan servicer is not considered a debt collector.  When I received the first letter from Countrywide, it contained the standard "This is an attempt to collect a debt"…[...]

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Tags: borrower, Debt Collection, disclosure, foreclosure defense, foreclosure offense, Lender Liability
Posted in Eviction, Modification, securities fraud |

"The way mortgages are bundled and resold, it can be enormously time-consuming just trying to determine what company holds the loan on a property thought to be in foreclosure." Susan Saulny of the NY Times gets credit for her story on the front page today. It points out what we have been saying here all along --- the "banks" (actually…[...]

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

By the METHOD of pooling and tranching, they converted from negotiable to non-negotiable instrument. (Article VIII UCC). That means that upon transfer the recipient of the payment is satisfied in full and a new obligation arises between the seller and buyer separate and apart from the borrower. Further, the method calls for the proceeds of payment from one note to…[...]

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Tags: borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

BOTTOM LINE: Use of a nominee causes an irreconcilable cloud on title entitling the homeowner to recovery on his homeowner title insurance policy. If homeowners purchased title insurance, they were at the same time in the same closing agreeing that the names of MERS and Countrywide would be used, for example, but that off-record activity could occur subjecting the homeowner…[...]

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Tags: borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, trustee, Wells Fargo
Posted in bubble, Corruption, Eviction, Modification, securities fraud |

Many thanks to Alan Baron who has been staying on top of the research. Rand Corporation v Yer Song Moua: Manisy Moua, John Doe, Mary Roe, United States Court of Appeals Filed March 20, 2009. 8th-cir-tila-rand-march-20-2009 Phoenix, Az March 25, 2009. by Neil Garfield. Despite nearly heroic efforts by the banking industry to avoid an appellate decision, they are nonetheless…[...]

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Tags: bailout, borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, RESPA, securitization, TILA audit, trustee
Posted in Eviction, Modification, securities fraud |