One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract […]

Tags: Allocation of Third Party Payments, asset pool, credit default swaps, CREDIT EVENT, discovery, foreclosure, guarantees, insurance, Master Servicer, offset
Posted in Corruption, evidence, Modification, Motions, Pleading, securities fraud, Servicer |

TURNING A DEFENSE INTO AN AFFIRMATIVE DEFENSE FOR SET OFF AND A CLAIM OR COUNTERCLAIM FOR DAMAGES AND ATTORNEY FEES So the question is how would you allocate third party payments and what difference will that make to a Judge hearing the case. ASSUMPTION: XYZ Investment Banking Holding company has received a total of $50 […]

Tags: Allocation of Third Party Payments, appraisal fraud, default, FICO, HERS, identity theft, Mortgage, note mortgage, Obligation, payments, principal, securities fraud
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |