GO LAWYERS GO!!! --- OHIO PRECEDENT TAKES HOLD AND SPREADS Lawyers' tactic slows rate of forfeited houses in New Jersey Posted by kcocuzzo June 25, 2008 00:05AM Aaton Houston/For the Star-LedgerBill Daddio and Theresa Scilla, who live in Matawan, avoided a sheriff's sale of their home when their lawyer challenged the bank trustee's right to foreclose. Most home foreclosures being…[...]

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Tags: Center for Social Justice, Community Financial Services, David Kaplan, Essex County, foreclosure defense, lawyers, Linda Fisher, Monmouth County, New Jersey, Ocean County, OHIO PRECEDENT, Passaic County, Rob Napolitano, trustee, U.S. District Court Christopher Boyco
Posted in Eviction |

WHEN WAS THE LAST TIME YOU HEARD ABOUT A BUNCH OF UNSOPHISTICATED, POORLY EDUCATED, SOMETIMES NON-ENGLISH SPEAKING PEOPLE SCATTERED OVER 50 STATES GETTING TOGETHER TO DEFRAUD THE POWERFUL FINANCIAL INDUSTRY ON WALL STREET? We can all agree that there is enough blame to go around for everyone --- from government and the financial industry, down to the mortgage brokers and…[...]

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Tags: American values, appraisers, conservatism, foreclosure defense, fraud, Honesty, integrity, Lender Liability, mortgage brokers, real estate brokers, Wall Street
Posted in bubble, Corruption, Eviction |

They don't have it all, but reading the complaint and getting copies of discovery and motions will help anyone contesting the foreclosure and of course, going further to the main target: HAVING THE MORTGAGE ENCUMBRANCE REMOVED FROM THE PROPERTY AND ELIMINATING LIABILITY ON THE NOTE. THIS IS GOOD NEWS BUT DOES NOT GO FAR ENOUGH. KUDOS TO THE ATTORNEY GENERAL'S…[...]

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Tags: attorney general, CALIFORNIA, countrywide, foreclosure defense, foreclosure offense, predatory lending
Posted in bubble, Corruption, Eviction, securities fraud |

WELLS FARGO CREATES FRAUDULENT MORTGAGE, FRAUDULENT FORECLOSURE, AND FRAUDULENT NEGATIVE CREDIT INFORMATION: THE ULTIMATE IN CORPORATE ARROGANCE In the course of defending numerous foreclosure actions around the United States, we have come across some fairly horrendous fact patterns, but to date, that described here (a true story, by the way) takes the cake hands down. The actions of Wells Fargo…[...]

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Tags: falso documentation, fraud, lender, Premier Mortgage, Wells Fargo
Posted in Eviction |

QUIET TITLE: From Demand Letter --- see Forms Page In essence the reverse of a traditional foreclosure where the owner of the property forecloses the claim of the people against whom he he has filed suit claiming the property free and clear of all encumbrances. Demand is made that you accept service of process of a quiet title action through…[...]

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Tags: assignments, foreclosure defense, quiet title, REAL PARTY IN INTEREST
Posted in Eviction |

SUBMITTED BY mortgagefrauds@aol.com: Foreclosure Cannot Be Advertised Prior to Recording Mortgage Assignment In Davenport v. HSBC Bank USA, the Michigan Court of Appeals held that a lender must have an interest in a loan prior to beginning to advertise a foreclosure sale. The first insertion of the HSBC's foreclosure notice was made four days prior to the assignment of the mortgage…[...]

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Tags: foreclosure defense, HSBC, MORTGAGE SERVICER, RECORD HOLDER
Posted in Eviction |

SUBMITTED BY : mortgagefrauds@aol.com IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. XXXXX XXXXXX Plaintiff, v. XXXXXXXX Defendant. _______________________________________/ DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Defendant, XXXX X XXX, moves the Court to dismiss for lack of subject matter jurisdiction under authority of Florida Rules of Civil…[...]

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Posted in Uncategorized |

From a mortgage auditor/contributor: CONTACT: mortgagefrauds@aol.com In July 2005, I met with the FTC staff attorneys in Washington, D.C. who investigated and prosecuted Fairbanks Capital Corp. In connection with the Fairbanks investigation, a former client [Michael Dillon, Manchester, NH] had supplied the FTC with an audit I had performed of his FCC-serviced loan which, I know, the FTC attorneys studied and found…[...]

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Tags: BEAR STEARNS, certified fraud examiner, EMC, lost note, Mortgage Servicing Fraud, Ralph Summerford
Posted in Eviction |

AS YOU CAN SEE FROM THE NEWEST ENTRIES TO GARFIELD'S GLOSSARY, WE HAVE PIECED TOGETHER THE REASONS FOR THE METEORIC RISE IN LOST NOTES. WE ARE FAST ARRIVING AT THE CONCLUSION THAT FATAL DEFECTS IN THE LOAN UNDERWRITING AND SECURITIZATION PROCESS HAVE EVISCERATED THE SECURITY PROVISIONS OF THE MORTGAGE AND THE OBLIGATIONS UNDER THE NOTE. See GARFIELD'S GLOSSARY LOST NOTE,…[...]

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Tags: DESTROYED NOTE, EARLY AMORTIZATION EVENT, foreclosure defense, lost note, NOMINAL LENDER, rescission, single transaction, SPV, TOXIC WASTE
Posted in Eviction |

AFFIRMATIVE DEFENSES TO FORECLOSING PARTY’S CLAIM OF “LOST NOTE” A common thread which is emerging in foreclosure cases is the claim of the plaintiff (a/k/a the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file a Affidavit as to the lost note and mortgage in a purported attempt to cure…[...]

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Tags: affirmative defenses to foreclosure, foreclosure defense, foreclosure offense, lost note
Posted in Eviction |