Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an […]

Tags: agency, agent, MERS, naked nominee, Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

TOO BIG TO GO TO JAIL?!? YOU MUST SEE THIS REPORT: Banks “Losing” Mod Applications Same as the Notes For information on seminars and legal representation in Northern California please call our customer service line at 520-405-1688. Neil is now directly involved in assisting the attorneys plead an script these cases. A new seminar in […]

Tags: agent, Dan edstrom, principal, servicers, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Dan Hanacek, who will be at the conference in Emeryville tomorrow, and Charles Cox can be reached through our customer service number 520-405-1688. Dan is a lawyer with whom I am engaged in mentoring and resourcing in Northern California cases and Charles helps people all over the country. The tide is turning. The basic principles […]

Tags: agent, assignment, mortgages, notes, Notice of Default, Notice of Sale, principal, recording, TRUSTEES
Posted in bubble, Eviction |

Your case should first be summarized by your securitization expert who relies upon the expert opinions of others as to underwriting, appraisal, mortgage brokers etc. Then those other experts come in. After that, the forensic analyst and homeowner come in to fill in the facts upon which the experts relied. But you build your case […]

Tags: agent, allonge, bank of new york, BEAR STEARNS, Bear Stearns Asset Backed Certificates Series 2003-2, cross examination, custodian, cut-off date, EMC, endorsement, expert, forensic report, Form 8-K, fraud, Greenville, JP Morgan, JP Morgan Chase, MERS, MIN, MOM, opinions, Pool field, RBMG, securitized transactions, title policy, Wells Fargo Bank
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: I am currently working on the issue of fiduciary duty, so I would appreciate receiving material from any of you that have submissions on the subject. There is an article in the Florida Bar Journal this month on this topic. “If a fiduciary has special skills or becomes a fiduciary on the basis […]

Tags: agent, assignments, attorney, borrower, close-out, fiduciary duty, Florida Bar Journal, Kammerer, Landers, loan originator, Mariani, Ny Times, recordable, REMIC, SIV, special skills or expertise, SPV, TARA SIEGEL BERNARD, TILA, trust, trustee, undisclosed fees and profits
Posted in bubble, Corruption, Eviction, securities fraud |

See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]

Tags: accounting, agent, ARIZONA, authorized agent, creditor, disclosure, discovery, financial double jeopardy, foreclosure defense, HOLDER, holder in due course, Ibanez, Judge Long, Larace, Massachusetts, mediation, modification, Ohio, pretender lender, principal, right to inquire, rules of engagement, third party payments, vacate
Posted in bubble, Corruption, Eviction, securities fraud |

Using the voluminous amount of feedback to Livinglies.wordpress.com, some observations about the words you use in litigation and in your correspondence, QWR and DVL might well be of some assistance. CREDITOR: It seems that using the word creditor has much more power than lender, pretender lender or even holder in due course. I’ve been told […]

Tags: agent, conduit, consumer, creditor, holder in due course, lender, MBS, pool, Power of Attorney, pretender lender, REMIC, SPV, trust, trustee
Posted in bubble, Corruption, Eviction, securities fraud |