Question: Mr. Garfield, you have just answered another question. The Plaintiff just filed for a "summary judgment" on the grounds of this matter supposedly not being contested. I sent them back a motion of opposition with affidavits and the court's docket contradicting their allegation. The motion is set for a hearing on January 6th which I also requested continuance along…[...]

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Tags: bankruptcy, disclosure, foreclosure defense, foreclosure offense, fraud, Mortgage, predatory lending, TILA audit
Posted in Corruption, Eviction, securities fraud |

1. It isn't illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default --- but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities: (a) under the pooling and service agreement…[...]

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Tags: borrower, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The "lenders' are holding nothing but worthless or at best questionable paper. As soon as you sign a modification you are validating a debt that you most likely don't have anymore or at worst have substantial offsets against and you are validating a security instrument (mortgage) that was destroyed in the securitization process. Check with your local licensed counsel ---…[...]

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Tags: borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, mortgage meltdown, quiet title, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

DO NOT GO GENTLE INTO THAT GOOD NIGHT From Wikipedia, the free encyclopedia Do not go gentle into that good night, Old age should burn and rave at close of day; Rage, rage against the dying of the light. Though wise men at their end know dark is right, Because their words had forked no lightning they Do not go…[...]

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General Rules and Regulations promulgated under the Securities Exchange Act of 1934 Another Item for Discovery If they didn't report it, then it isn't missing. Rule 17f-1 -- Requirements for Reporting and Inquiry with Respect to Missing, Lost, Counterfeit or Stolen Securities Definitions. For purposes of this section: The term reporting institution shall include every national securities exchange, member thereof,…[...]

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All the resources cited herein are available on this blog Miami Florida Personal Bankruptcy Law Blog Chapter 7, 13, and 11 Florida Bankruptcy Law by Miami Florida Bankruptcy Lawyer Jordan E. Bublick Sunday, December 21, 2008 “Securitization Facilitated Predatory Lending” Professor Kenneth C. Kettering of the New York Law School recently reviewed the legal foundations and product growth of asset…[...]

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Tags: borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, quiet title, rescission, securitization, TILA audit
Posted in Corruption, Eviction, securities fraud |

QUESTION: Submitted on 2008/12/23 at 8:03pm 1. FLORIDA CASE: Have a foreclosure defense in Miami. In what time MUST defendant reply with OBJECTION to the lawyers’ response or submissions, so as not to waive defenses? Cite FRCP if possible. 2. MASSACHUSETTS CASE: I’m sure my Boston loan got securitized and had TILA and other violations before sought Ch 13 BK…[...]

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Use of Professional Information Sources Bank Systems & Technology American Banker Community Banker Factiva Independent Banker Bank Technology News Banking Strategies Wall Street Journal/WSJ Online Law firm/consultant/association-provided newsletters ABA Banking Journal NewsEdge US Banker Lexis/Nexis Local associations publications Internally provided news feed Other; please specify --- post on comments page[...]

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Tags: bankruptcy, borrowers, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, Mortgage, securitization, TILA audit, trustee
Posted in Corruption, Eviction, securities fraud |

December 23, 2008 Irregularity Uncovered at IndyMac   By EDMUND L. ANDREWS   WASHINGTON — Two months before IndyMac Bancorp collapsed in July, at a cost of $8.9 billion to taxpayers, a top federal banking regulator allowed the bank to backdate a capital infusion and gloss over its deepening problems, the Treasury Department’s independent investigator said Monday. In what industry…[...]

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Tags: audit, bankruptcy, credit crisis, disclosure, foreclosure defense, foreclosure offense, fraud, housing, lawyers, Lender Liability, Mortgage, mortgage meltdown, predatory lending, rescission, RESPA, RICO, securitization, TILA audit, trustee
Posted in bubble, Corruption, securities fraud |

Some time ago we mentioned on these pages that the auditors who certified the financial statements (KPMG, here) would come under intense scutiny simply because they MUST have known, by simple common sense, that the economics of mortgage lending had been turned on its head. The worse the loan quality the more they made leaving hapless investors, who put up…[...]

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Tags: audit, bankruptcy, borrower, Chapter 13, countrywide, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, housing, Lender Liability, Mortgage, predatory lending, rescission, RICO, securitization, TILA, TILA audit, trustee
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