SEE Entire Article: porter While concentrating on Bankruptcy Court all of her points are instructive in all types of litigation. “From external indicia, the claims process in consumer bankruptcy cases seems like an exemplar of a well-designed legal system that balances the interests of consumers and industry.  The claims rules are unambiguous; all parties typically […]

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

October 9, 2009 Editorial Another Kind of Foreclosure Crisis The foreclosure crisis is being made substantially worse by a shortage of lawyers for people whose homes are at risk. According to a new study, an overwhelming number of homeowners who face foreclosure do not have legal help in protecting their rights. As a result, people […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, securitization
Posted in bubble, Eviction |

editor’s note: This is part of what we have been talking about. years down the road these bankers are looking to sue borrowers for deficiencies after people recover from the disaster the bankers caused. Also set to explode in a few years are title defects that are incurable resulting from the securitization of loans and incorrect […]

Tags: bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, securitization
Posted in Eviction |

THANK YOU TO Deontos: This is regarding “Standing” to obtain “Relief from Stay”. Riegle concluded MERS lacks “standing”. Stay tuned on this ……. It might really wreak havoc on the MERS menace in Nevada. EXCERPTED CASE FILE: UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA * * * * * * In re ) Case No. […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, Mortgage, predatory lending, rescission, RICO, securitization, TILA audit, trustee
Posted in Uncategorized |

FROM THE COMMENT SECTION THANK YOU ANDREW): I THINK HE’S GOT IT! There is no getting away from the fact that the lender is the investor and that anyone else whose name was inserted in the documentation did so not only without authority but as an intentional misrepresentation as part of a fraudulent scheme to […]

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

If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down. See also fraud-on-the-court-reversing-the-tide See also Judge Young:  federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan See also modification-fraud-the-latest-game-in-town   So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines […]

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

Thank you Deontos Comment: I always thought TWO for the price of ONE was a GOOD thing. Everybody’s talking about the Kansas Appellate Decision? What about this one from Arkansas’s Supreme Court? Same issues, MERS and “black letter law” …. MERS **Lost** and the Arkansas Supreme Court cited the Landmark v KESLER Kansas Decision. ————————————————————— […]

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

If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick […]

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

Protecting Tenants at Foreclosure Act Public Law FIL-56-2009 September 28, 2009 Summary: On May 20, 2009, President Obama signed the Helping Families Save Their Homes Act of 2009, Public Law 111-22. Included in the public law is the Protecting Tenants at Foreclosure Act (Division A, Title VII), which provides protections for tenants, including tenants in […]

Tags: bankruptcy, Eviction, foreclosure defense, foreclosure offense, securitization
Posted in Eviction |

In order to revive securitization, taxpayers would have to absorb large risk. The social gains would be small, or perhaps even nonexistent. The best thing to do with the shattered Humpty-Dumpty of mortgage securitization would be to toss the broken pieces into the garbage. See Also Securitized Mortgages Are Illegal: Securitization Is ILLEGAL Should Mortgages […]

Tags: bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, rescission, securitization
Posted in Eviction |