Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity […]

Tags: AFFIRMATIVE RELIEF, amortization, assignment, assumption, authenticity of the assignment, BURDEN OF PROOF, credit default swaps, credit enhancement, cutoff date, DEED OF TRUST, discovery, full accounting of all payments, identity of the creditor, insurance, judicial economy, judicial proceeding, Mortgage, Motion Practice, non-judicial statutes, note, Obligation, offer AND an acceptance, owed on my obligation, payments from third parties, pooling and service agreement, prima facie case, pro se litigants, securitization, UNCONSTITUTIONAL
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Three years ago, when this derivative housing mess caught my attention, the reason I started looking into it was that the basic facts didn’t make any sense. Housing prices had been going up at a rate of as much as 20% in one month. Coming from Wall Street with an M.B.A. and having studied, written […]

Tags: ARIZONA, CALIFORNIA, credit default swaps, derivative housing mess, federal bailouts, housing prices, inflating the appraisals, unoccupied dwellings, unoccupied neighborhoods, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

Leo II bgitt47@verizon.net 2010/04/25 at 12:26 am Editor’s Note: I believe Leo is right. These suits allege that the SPV do not own the loan portfolios. They also allege directly that the Trust Assets included insurance — payments from credit default swaps. Two revealing lawsuits filed against Goldman-Sachs that I believe further support arguments that […]

Tags: Blankfein, credit default swaps, Goldman, insurance, Leo II, Shareholders, SPV, TRUSTS
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Nobody ever thought that returning a lady’s purse to her after a purse snatcher ran away with it was a gift. So why is anyone contesting returning the purse to homeowners who had their lives snatched from them? The baby steps of the Obama administration are frustrating. Larry Summers, Tim Geithner and those who walk […]

Tags: Appraisal, credit default swaps, false assumption, false rating, false value, Federal Bailout, foreclosure, homeowners, illegal fees, insurance, interest rate reduction, Larry Summers, loan product was viable, modification, Obama administration, principal reduction, release, servicers, temporary modification called a "trial", Tim Geithner
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn’t THE […]

Tags: 09-04083, accounting, AMbac, appointment of a receiver, Aunt Alice, authenticated business records, Bank of America Corp, Bank of New York Mellon Corp, banks, Bloomberg LP v. Board of Governors of the Federal Reserve System, bloomberg.net., Bob Ivry, Citigroup Inc, Clearing House Association, Clearing House Payments Co, competent witnesses, conceivable doubt, credit default swaps, crisis, Deutsche Bank AG, evidence of the obligation, Fed, Freedom of Information Act, HERS, High Court, HSBC Holdings Plc, JPMorgan Chase & Co, Maiden Lane, MERS, motion for lift stay, Obligation, Paul Saltzman, PNC Financial Services Group Inc, proceeds of the borrowers transaction, PSA, receiver, Saltzman, servicers, summary judgment, TALF, TARP, The Clearing House Association LLC, The New York Times, third party sources, Thomas Golden, U.S. Bancorp, U.S. Court of Appeals in Manhattan, UBS AG, Wells Fargo & Co, Willkie Farr & Gallagher LL
Posted in Uncategorized |

Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two […]

Tags: Ambac Financial Group Inc., Andrew Frye, appraisal fraud, Bloomberg, bondholders, credit default swaps, creditors, damages, debtors, default, discovery, foreclosure defense, forensic analysis, full accounting, HERS, insurance, Insurance Commissioner, Jody Shenn, Obligation, payment, principal reduction, Sean Dilweg, securitized residential mortgage
Posted in bubble, Corruption, Eviction, securities fraud |

SEE The Economics and Incentives of Yield Spread Premiums and Credit Default Swaps March 23, 2010: Editor’s Note: The YSP/CDS paper is intentionally oversimplified in order to demonstrate the underlying economics of securitization as it was employed in the last decade. To be clear, there are several things I was required to do in order […]

Tags: borrower, credit, credit default swaps, credit worthy, creditor, damages, DEBTOR, Garfield, Garfield Continuum, identity theft, investment banker, Investor, Real Estate Settlement Procedures Act, remedies, TOXIC WASTE, Truth in Lending Act, yield, yield spread, yield spread premium
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

Bear in mind now, that underneath this all are subprime mortgage loans and pool of subprime mortgage loans in which only eight percent have to go bad for the whole CDO to be worth zero. NPR Interveiw with Lewis Author Submitted by Ron Ryan, Esq. (Tucson) with the following comment: The story broke on 60 […]

Tags: asymmetric access to information, CDO, credit default swaps, inherently defective loan products, Lewis, NPR, pool, subprime mortgage loans, TARP, toxic assets
Posted in bubble, Corruption, Eviction, securities fraud |

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
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

“That’s right. Issuers are essentially paying twice for flawed deals that bestowed great riches on the bankers and advisers who sold them. Taxpayers should be outraged, but to be angry you have to be informed — and few taxpayers may even know that the complicated arrangements exist.” Editor’s Note: At some point, it will become […]

Tags: apraisal, credit default swaps, fiduciary duty, fraud, Gretchen Morgenstern, insurance, investment bankers, Jefferson County, local government, Ny Times, property, title
Posted in bubble, Corruption, Eviction, securities fraud |