COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary In his experience, Mr. Shaev said: “The attorneys who represent the banks invariably state that they will get the collateral file for us and prove that the banks had possession of the documents at the appropriate time. But then when we review the file it […]

Tags: bankruptcy, BKR, Chapter 13, Chapter 7, creditor, MLS, motion to lift stay, SECURED CREDITOR, US TRUSTEE
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2010/10/09 at 2:03 pm submitted by Brian Davies EDITOR’S NOTE: By naming only the originating lender of record — that is, the only instrument in the title record as per the county recording office, you immediately shift the burden onto any pretender lender to explain what they are doing in court. If you look down […]

Tags: bankruptcy, creditor, encumbrance, MLS, mortgage bond, motion to lift stay, note, Obligation, secured, standing
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SUBSCRIBE TO LIVINGLIES MEMBERSHIP FOR DISCOUNTED SERVICES, NEWSLETTER AND FREE TELECONFERENCES Livinglies fulfills its commitment to becoming the #1 internet resource in foreclosure defense and offense (claims for damages for wrongful foreclosure or improper lending practices). DON’T ASSUME YOUR LOAN IS IN DEFAULT — IT PROBABLY ISN’T EVEN IF YOU DIDN’T MAKE A PAYMENT! DON’T […]

Tags: bankruptcy, countrywide, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, housing, Lender Liability, predatory lending, principal reduction, quiet title, rescission, securitization, TILA
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If the government guarantee was waived in whole or in part, which I am sure is the case, then the rationale for non-dischargeability disappears. So I am suggesting that the assumption that the student loan is non-dischargeable should be challenged based upon the individual facts of your student loan. If it was securitized and it […]

Tags: Andy Winchell, bankruptcy, Citibank, Democrat, discharge, John Hupalo, Ny Times, Ron Lieber, Sallie MAe, Samuel ramirez and Company, Steve Cohen, student debt, student loans, tennessee
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why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. […]

Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
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The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising […]

Tags: 12 U.S.C. § 1461, 12 U.S.C. § 2601, 15 U.S.C. § 1692, actual damages, bankruptcy, common law defamation, defense, emotional distress, et seq. (“FDCPA”), et seq. (“RESPA”), Fair Debt Collection Practices Act, federal preemption, HERS, Home Owners’ Loan Act of 1933, INDYMAC, late fees, LLC, Motion Practice, MOTION TO DISMISS, noneconomic damages, Ocwen Loan Servicing, Office of Thrift Supervision (“OTS”), OneWest, Pleading, qualified written request, quiet title, Real Estate Settlement Practices Act, removal, RESPA, slander, slander of title, state action, State Law Claims, TILA
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“relief from the sale order is warranted by law whether there was an innocent mistake or deliberate concealment.” Editor’s Note: When you watch these events unfold, you might begin to realize that the windfall is not to the homeowner who gets the foreclosure thrown out of court, it already happened for the financial players who […]

Tags: bankruptcy, Barclays, BLOOMBERG NEWS, Bryan Marsal, disclosure, foreclosure defense, foreclosure offense, Gaffey, HERS, Jones Day, Judge James Peck, Lehman, United States District Court in New York, windfall
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Editor’s Note: Put simply this crisis will still be ongoing in 20 years. When you add the student loans that were securitized and which were “non-dischargable” in bankruptcy because of the government guarantee of the “risk” (which never existed because the risk was sold before the loan was ever funded, hence the guarantee should not […]

Tags: Alana Semuels, Arthur C. Nelson, bankruptcy, Christopher Leinberger, D.R. Horton, derivative, ghost towns, government guarantee, Hemet, Housing crisis, L.A. Times, McMansions, non-dischargable, risk, securitized pools, student loans, suburban communities, University of Utah, Willowalk
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SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest […]

Tags: ABS Disclosure, arrangement, asymmetry of information, balance, Bank of England, bankruptcy, BEAR STEARNS, cash-flow waterfalls, countrywide, Credit Suisse, current rate, current valuation, David J. Grais, default, delinquent, descriptions, Deutsch Bank, diagrams, discovery, event, Federal Home Loan Bank of San Francisco, foreclosure, fraudulent activity, Grais and Ellsworth, Gretchen Morgenstern, interest rate, levels, LITIGATION, loan-to-value ratio, loss on sale, Merrill Lynch, Moral Hazard, mortgage backed bonds, mortgage backed securities, New York Times, noteholders, performing, portfolio, prepayments, profit on sale, qualified written request, remaining life, RMBS, sale price, subportfolio, total recoveries, triggers, value of payments in arrears
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Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of […]

Tags: accounting, adversary, bankruptcy, credit default swaps, creditor, Federal Bailout, foreclosure, insurance, schedules, secured claims, securitized mortgage, third party payments, unsecured creditors
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