Lehman had nothing to do with the loan even at the beginning when the loan was funded, it acted as a conduit for investor funds that were being misappropriated, the loan was “sold” or “transferred” to a REMIC Trust, and the assets of Lehman were put into a bankruptcy estate as a matter of law. […]

Tags: Assignment and ASsumption Agreement, Aurora, disclosure, Fannie, foreclosure defense, foreclosures, fraud, Freddie, Lehman, MERS, predatory per se, Reg Z, REMIC TRUST, securitization, table funded loan, trustee
Posted in Uncategorized |

For further information please call 954-495-9867 or 520-405-1688 ==================== So many people sent me this short white paper that I don’t know who to thank or even who wrote it. Any help would be appreciated so I can edit this article and give attribution to the writer. The only thing that I would caution is […]

Tags: article 9 UCC, Assignment and ASsumption Agreement, enforcement of debt, enforcement of mortgage, enforcement of note, lost note, UCC
Posted in evidence, foreclosure defenses |

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the […]

Tags: appraisals, Assignment and ASsumption Agreement, broker-dealer, CDO manager, closing agent, distribution reports, form over substance, guarantees, insurance, legal presumptions, Master Servicer, MBS, Mortgage, mortgage backed bonds, note, originator, Pooling and Servicing Agreement, Porter Study, Prospectus, ratings, REMIC, Reserve, SECURITIZATION DOCUMENTS, Servicer advances, title and securitization reports, trust, trustee
Posted in bubble, Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Motions, Pleading, securities fraud, Servicer |

Housing Wire, Ben Lane (see link to article below): “Bank committed fraud in order to show ownership.” We are entering the 6th inning of the game started by Wall Street when it created the smoke and mirrors game based upon false claims of successors and securitization. As lawyers actually do the work investigating and researching, […]

Tags: Assignment and ASsumption Agreement, Chase Bank commits fraud, dual, dual tracking, falsify documents, pretender lenders, public policy
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, Servicer |

 Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee […]

Tags: Assignment and ASsumption Agreement, default, evidence, Pooling and Servicing Agreement, relevance, SECURITIZATION DOCUMENTS, Servicer advances
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

How did the banks get away with it? Bribery takes many forms. It doesn’t need to be a direct payment, but merely something of value to the regulator or law enforcement officer. In this case it is the hiring of children of banking regulators in China. There is no reason why we should think that […]

Tags: Assignment and ASsumption Agreement, fraud, investors, JPMorgan bribery, Ponzi scheme, Wall Street Banks
Posted in Corruption, Eviction, securities fraud |

Despite the pronouncements by Eric Holder, the chief law enforcement officer of the United States, and the obvious reticence of the Securities and Exchange Commission, the vast majority of securities attorneys believe that the banks were (a) trading on inside information and (b) committing securities fraud when they funded and then traded on mortgages that […]

Tags: Assignment and ASsumption Agreement, common law fraud, insider trading, Master Servicer, mortgage bonds, Occupy wall Street, Pooling and Servicing Agreement, Prospectus, securities fraud, underwriting bank, Wall Street
Posted in Corruption, securities fraud |

http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for […]

Tags: 13 questions, 4th DCA Cromarty v Wells Fargo, agreement between lender and MERS, AGREEMENT BETWEEN MERS AND "LENDER", asset pool, assignment, Assignment and ASsumption Agreement, credit bid, creditor, endorsement, florida foreclosure, FLORIDA HB 87, GREEN V CHASE 4-5-2013, MERS, mortgage bonds, Pooling and Servicing Agreement, protection of military families, PURPOSE OF MERS, Real estate
Posted in Corruption, Eviction |

NOTE IF ANYTHING, THIS DEPOSITION PROVES THE NEED FOR AN EXPERT FORENSIC COMPUTER ANALYST TO ASSIST IN DISCOVERY AND PERHAPS EVEN PLEADING. THAT IS WHY MY LAW FIRMS AND OTHERS ARE CREATING ALLIANCES WITH LAWYERS WHO HAVE EXPERIENCE IN BOTH THE PRACTICE OF LAW, LITIGATION AND DETAILED KNOWLEDGE ABOUT WHAT TO LOOK FOR, HOW TO […]

Tags: Assignment and ASsumption Agreement, business records exception, competency of witness, FDIC, Florida, FORENSIC computer discovery, hearsay, JP Morgan Chase, merger agreement, NARDI DEPOSITION, personal knowledge, Washington Mutual
Posted in Corruption, Eviction, securities fraud |