NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be […]

Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
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LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for […]

Tags: audit, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in bubble, Eviction |

Thanks to Deontos: Editor’s Note: The logic is simple, basic and the law is old, accepted and “black letter.” No new law is needed to overturn all the foreclosures since 2001, no fancy footwork is required to throw the bums out of court and sue them for the damage they created when they filed false […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, RESPA, RICO, securitization, trustee
Posted in bubble, Eviction |

Editor’s Note: From Home, to Car to Shelter. It’s a common story and a tragedy. But if that is a tragedy then where is the outrage when we add the component that she was probably wrongly dispossessed, that she probably still owns her house and that if she had proper legal representation in a court […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in bubble, Eviction |

Editor’s Note: Anyone who underestimates the importance of Judge Long’s decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims […]

Tags: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, trustee
Posted in bubble, Eviction |

First, you must realize that they are not “Law” with a capital “L”. Other jurisdictions could return opinions that are completely the opposite of the ones we have seen recently. I consider that unlikely. The reasoning is exactly what I have been saying for 2 years when I predicted the title issues, the enforcement issues, […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, rescission, securitization, trustee, Wells Fargo
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Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, fraud, Lender Liability, predatory lending, securitization, trustee, Wells Fargo
Posted in Eviction |

Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, securitization, TILA audit, title issues, trustee, vacating order of foreclosure
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Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, Lender Liability, lenders, lost note, mortgage meltdown, predatory lending, rescission, securitization, TILA, trustee
Posted in bubble, Eviction |

the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, rescission, securitization, trustee
Posted in bubble, Eviction |