IF THE PRETENDER LENDER DOES NOT HAVE THE POWER, AUTHORITY, RIGHT TITLE OR INTEREST TO EXECUTE A SATISFACTION OF MORTGAGE, THEN THEY HAVE NO RIGHT TO FORECLOSE IT. HERE IS ARIZONA’S STATUTE ON SATISFACTION OF MORTGAGES: NOTE THE REFERENCES TO LOST NOTES VERSUS LOST MORTGAGES. 33-707. Acknowledgment of satisfaction; recording A. If a mortgagee, trustee […]

Tags: 30 DAY PERIOD FOR OBJECTION, Acknowledgment of satisfaction; recording, ARIZONA, disclosure, foreclosure defense, foreclosure offense, pretender lender, satisfaction of mortgage, securitization, TITLE INSUROR, trustee
Posted in bubble, Corruption, Eviction |

SEE MICHELLE REAGAN, ARIZONA STATE SENATE CANDIDATE Finally a politician who puts principle ahead of politics!! Michele Reagan, currently an Arizona legislator, deserves support not only for her campaign for Arizona State Senate, but for her battle with her lender. Her lender, Colonial Savings, decided to sue her for asking too many questions about how […]

Tags: ARIZONA, Colonial Savings, HERS, Michelle, Michelle reagan, Reagan, RESPA, State Senate, TILA
Posted in Uncategorized |

Editor’s Note: Better late than never. It is a step in the right direction, but 30% reduction is not likely to do the job, and waiting for mortgages to become delinquent is simply kicking the can down the road. The political argument of a “gift” to these homeowners is bogus. They are legally entitled to […]

Tags: Alan M White, ARIZONA, assistant secretary of the Treasury, Bank of America, BOA, BofA, Brad Hunter, Commerce Department, countrywide, credit cards, David Streitfeld, debt forgiveness, forgiveness of debt, Fremont Investment and Loan, Housing and Urban Development, inspector general, Jack Schakett, Louise Story, Martha Coakley, Massachusetts, Metrostudy, Michael S. Barr, Neil M. Barofsky, New York Times, predatory lending, preumptively unfair, principal reduction, redefault, Scottsdale, Steve Walsh, Supreme Judicial Court, TARP, Troubled Asset Relief Program, Valparaiso University School of Law, Wachovia, Wells Fargo, White House
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

The entities foreclosing don’t have ANYTHING at stake. They have no stake and yet they are still getting homes for nothing Editor’s Note: The federal plan is good as to its intent but unnecessary if the law was applied. Sure the bailout SHOULD apply to anyone who got stuck with one of these securitized mortgages. […]

Tags: American International Group, ARIZONA, Arizona Housing Department, Cave Creek, cloud on title, earned forgiveness, free home, Glendale Arizona, homeowner bailout, loan products, Louise Story, Michael Trailor, netvaluecentral, New York Times, Phoenix, securitized mortgages, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

without raising taxes one cent, many states could recover much or all of their deficit and perhaps some states could be looking at a surplus. The money is sitting on Wall Street waiting to be claimed through existing tax laws, regulatory fees, and even damage claims much like the Tobacco litigation. Editor’s Note: Bob Herbert […]

Tags: Andre Cherney, ARIZONA, Bob Herbert, CALIFORNIA, Center on Budget and Policy Priorities, Children's Health Insurance Program, CHIP, Chris Chistie, Dean Martin, Florida, income tax, infrastructure, Jan Brewer, Job Shure, New Jersey, Ny Times, Recording fees, State Budget Deficits, taxes, Treasurer, Wall Street
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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 |

A provocative paper by Brent White, a law professor at the University of Arizona, makes the case that borrowers are actually suffering from a “norm asymmetry.” In other words, they think they are obligated to repay their loans even if it is not in their financial interest to do so, while their lenders are free […]

Tags: $800 fee, ARIZONA, Booth School of Business, CALIFORNIA, Department of Housing and Urban Development, Eric Posner, fee for non-recourse option, Lease, Luigi Zingales, mortgage default, New York Times, non-recorse, Option, pool, recording, Richard Thaler, strategic defaults, sublease, Susan Woordward, swap, University of Chicago, walking away
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Editor’s Comment: Any lawyer who does not think that issues relating to foreclosure will not dominate his or her practice of law is in a state of denial and delusion. The 16% drop in new home-sale contracts (see article below) means a similar or worse drop in sales over the next 30-60 days. As we […]

Tags: ARIZONA, creditors, deficiency, FICO, home values, homeowner, inflated mortgages, lenders, mortgage modification, National Assocation of Realtors, principal reduction, short sales
Posted in bubble, Corruption, Eviction, securities fraud |

The good news is that there are people out there who are looking to help you. The bad news is that most of them are not out to help you but rather to help themselves. Check references carefully. Beware of big promises and too little information. Foreclosure defense in the mortgage meltdown and credit crisis […]

Tags: ARIZONA, foreclosure defense, mortgage fraud, mortgage meltdown
Posted in bubble, Eviction |

That confidence in the U.S. dollar is at an all-time low is no surprise. But when countries start propping up currencies that are barely on the radar, you know that central bankers are thinking that the U.S. government is not doing enough to shore up the fundamentals of its economy. This translates to a lack […]

Tags: amnesty, ARIZONA, Bank of Japan, borrowers, Central Bank of Iceland, euro, European Central Bank, Florida, foreclosure defense, foreclosure rules, krona, ledners, Nevada
Posted in bubble, Corruption, Eviction, securities fraud |