Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to […]

Tags: accounting from master servicer, accounting from sub-servicer, assignment, attempt to securitize, California Reconveyance Company, cloud on title, Colleen Irby, CRC, cut-off date, Debt Collectors, FDCPA, fraud in origination of loan documents, livinglies-store.com, loan receivable, Lorenz, MOTION TO DISMISS, qualified written request, quiet title, QWR, RESPA 6, true credidtor, trust document, U.S. Bank, Unfair Competition LAw, WAMU
Posted in bubble, Corruption, Eviction, securities fraud |

The case follows on the dismissal of numerous foreclosure cases in which judges across the U.S. have found that the materials banks had submitted to support their claims were wrong. Faulty bank paperwork has been an issue in foreclosure proceedings since the housing crisis took hold a few years ago. It is often difficult to […]

Tags: AMIR EFRATI, CARRICK MOLLENKAMP, civil fines, cloud on title, creditor, criminal violations, defective title, Docx LLC, fabricated, foreclosure mills, forged documentation, fraudulent foreclosures, HERS, J.P. Morgan Chase & Co, Kersch, licenses, Linda Tirelli, LPS, Michelle Kersch, unmarketable title, Wall Street Journal
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The entities foreclosing don’t have ANYTHING at stake. They have no stake and yet they are still getting homes for nothing Editor’s Note: The federal plan is good as to its intent but unnecessary if the law was applied. Sure the bailout SHOULD apply to anyone who got stuck with one of these securitized mortgages. […]

Tags: American International Group, ARIZONA, Arizona Housing Department, Cave Creek, cloud on title, earned forgiveness, free home, Glendale Arizona, homeowner bailout, loan products, Louise Story, Michael Trailor, netvaluecentral, New York Times, Phoenix, securitized mortgages, Wall Street
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 |

  NOW AVAILABLE OF AMAZON/KINDLE! EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH. This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:   MERS is not a beneficiary even if the mortgage deed or deed of trust states […]

Tags: affifrmative defenses, allonge, assignment, bankrupty, beneficiary, cloud on title, DEED OF TRUST, defenses, discovery, interrogatories, invalid deed of trust, invalid mortgage deed, Investigation, lack of standing, lawsuit, MERS, money judgment, mortgage deed, motion for contempt, motion to lift stay, motion to strike pleadings, motion tocompel, notice of deposition, real financial interest, request for access, request for admissions, request toproduce, RESPA, standing, TILA, unsecured loan, unsecured obligationunsecured note, void deed of trust, void mortgage deed
Posted in bubble, Corruption, Eviction, securities fraud |

One of the hidden issues in the mortgage meltdown is the issue of clouded title caused by non-disclosed table-funded loans that were “securitized.” The unquestionable presence of unknown parties, MERS (or MERS like pooling, service and assignment agreements) who at least COULD assert claims on the “borrower’s” obligation, note or mortgage, means that your loan […]

Tags: Chicago Land Title, cloud on title, foreclosure defense, foreclosure offense, Land America, title, title insurance
Posted in Eviction |

FROM FAQ RECENT ENTRY: > Comment: > Interesting idea, although flawed. > > Your title insurance company will only process a claim if there has been a loss (or an imminent danger of one. i.e., an attack on the title), and only then if it is not of the insured’s doing (or could have been […]

Tags: ACTUAL KNOWLEDGE, cloud on title, TITLE AGENT LIABILITY, title insurance
Posted in Eviction |

The title agent that performed your closing probably was aware that securitization of your loan was in process and therefore knew that the real parties in interest and the fees paid between undisclosed parties had not been disclosed to you and in fact were actively hidden, because you would have known that the nature of […]

Tags: cloud on title, foreclosure offense, notice to title agent, title agent, title policy
Posted in Eviction |

There are a few things that have occurred to me with the evolution of this mortgage meltdown crisis and the entire improper process by which it is being handled. The foreclosures are of course improper and there are many offensive and defensive strategies that have been presented here in this blog. The main issues are […]

Tags: cloud on title, foreclosure defense, foreclosure offense, lender, misapplication of payments, mortgage meltdown, pooling and service agreement, trustee
Posted in Eviction |

LAWYERS BEWARE: YOU ARE NOT GOING TO KNOW HOW TO PROPERLY ADVISE YOUR CLIENTS, DEFEND THEIR HOMES OR EVEN FILL OUT THEIR BANKRUPTCY SCHEDULES WITHOUT ATTENDING OUR EMERGENCY WORKSHOP IN SANTA MONICA. NOR WILL YOU FIND OUT HOW YOU CAN MAKE MORE MONEY IN YOUR PRACTICE THAN YOU EVEN DID BEFORE WITH SOME VERY HAPPY […]

Tags: clear title, cloud on title, foreclosure defense, foreclosure offense, foreclosure sale title
Posted in Eviction |