Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so […]

Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

see no-silver-bullet The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and […]

Tags: brad keiser, evidence, forensic analysis, show me the note, silver bullet, TILA, workshop
Posted in bubble, Corruption, Eviction, securities fraud |

How to Find “Who Owns The Note” – Who has an “Insurable Interest” !!!! It is basic insurance law that in order to become named as a loss payee – that is, to get an insurance policy issued to you to indemnify you against loss – you have to have an “insurable interest.” MERS doesn’t […]

Tags: assignments, brad keiser, creditor, hypothecation, insurable interest, lender policy, loss payee, MERS, Steven Kop, UCC 9-301-304, Who Owns the Note
Posted in bubble, Corruption, Eviction, securities fraud |

More and more authorities are holding that in order for a claimant to prove itself to be the real party in interest to support a proof of claim or motion for relief from stay in bankruptcy, as well as to prove itself to be a holder in due course, they have to prove the entire […]

Tags: brad keiser, chain of ownership, creditor, forensic analysis, Lane Houk, MERS, MIN report, real investor, REAL PARTY IN INTEREST, Ron Ryan
Posted in bubble, Corruption, Eviction, securities fraud |

You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an […]

Tags: affordability, April Charney, audit, brad keiser, damages, deceptive lending, demand letter, Discrepancies, DVL, evidence, facts, forensic analysis, independent third party, latent violations, MAX GARDNER, patent violations, predatory lending, programming, QWR, refunds, REPA, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

see Bradsher Cramdown in Chapter 13 This case is an example of why forensic audits need to go much further than they currently do. Brad Keiser’s Workshop on forensic analysis will focus on the important issues that are usually missed in TILA or other reviews. As the case points out, the usual rule is that […]

Tags: brad keiser, Chapter 13, cram down, creditor, DEBTOR, escrow, forensic analysis, lien-stripping, secured, unsecured
Posted in bubble, Corruption, Eviction, securities fraud |

Wall Street didn’t merely siphon off unearned money, wealth and guarantees from homeowners, bank depositors and taxpayers. They screwed up title on what appears to be more than 60 million transactions — so even refi’s might now have rendered the title to be uninsurable or unmarketable. Big Banks Accused of Short Sale Fraud No surprise […]

Tags: brad keiser, cloud on title, CNBC, creditor, defective title, MBS, note, reality check, Short sale Fraud, short-sale, Toxic title, uninsurable title, unmarketable title
Posted in bubble, Corruption, Eviction, securities fraud |

People have been asking about class actions. With a little bit of help at www.classadvocate.com I have come up with the following list. The one to watch is in Reno Nevada filed by Hager and Hearne. It covers Arizona, Nevada, and California. It has not been certified yet as a class action. I am involved […]

Tags: borrower, brad keiser, countrywide, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, RESPA, securitization, trustee, Wells Fargo
Posted in bubble, Eviction |

By Walter Hackett, Esq. The federal government has trumpeted its Home Affordable Modification Program or “HAMP” solution as THE solution to runaway foreclosures – few things could be further from the truth.  Under HAMP a homeowner will be offered a “workout” that can result in the homeowner being “worked out” of his or her home.  […]

Tags: audit, bailout, bankruptcy, borrower, brad keiser, credit, credit crisis, depression, Eviction, FDG, Federal Bailout, foreclosure, foreclosure defense, Foreclosure Defense Group, foreclosure offense, foreclosures, fraud, HAMP, lawyers, Lender Liability, Loan Mod, LOAN MODIFICATION, lost note, Mortgage, predatory lending, quiet title, rescission, RESPA, RICO, TILA audit
Posted in Uncategorized |

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare […]

Tags: bailout, borrower, borrowers, brad keiser, Chapter 13, countrywide, credit, credit crisis, depression, disclosure, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, foreclosures, lawyers, lender, Mortgage, mortgage meltdown, Paulson, predatory lending, quiet title, rescission, RESPA, securitization, TILA, TILA audit, TILA rescission, trustee
Posted in bubble, Corruption, Eviction, securities fraud |