COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary ARIZONA MAVERICK LEGISLATURE ASSERTS THE RULE OF LAW EDITOR’S COMMENT: MUCHO CONGRATS TO SENATOR MICHELE REAGAN AND ATTORNEY BETH FINDSEN, ESQ. (SCOTTSDALE) WHO DRAFTED A BILL REQUIRING A WOULD-BE FORECLOSER (PRETENDER LENDER) TO PROVE THEY ARE THE CREDITOR. DESPITE MILLIONS OF DOLLARS IN A  SOLID […]

Tags: ARIZONA, creditor, findsen, foreclosure, foreclosure defense, Reagan
Posted in bubble, Corruption, Eviction, securities fraud |

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Tags: Auction, credit bid, creditor
Posted in bubble, Corruption, Eviction, securities fraud |

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary EDITOR’S COMMENT: As concern mounts that the entire title infrastructure has been put at risk by shoddy practices in lending, recording, transferring and foreclosing mortgages, a New Jersey Judge has set a hearing to consider suspension of ALL foreclosures by the megabanks pending further investigation. […]

Tags: creditor, disclosure, foreclosure, foreclosure defense, foreclosure offense, New Jersey
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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary In his experience, Mr. Shaev said: “The attorneys who represent the banks invariably state that they will get the collateral file for us and prove that the banks had possession of the documents at the appropriate time. But then when we review the file it […]

Tags: bankruptcy, BKR, Chapter 13, Chapter 7, creditor, MLS, motion to lift stay, SECURED CREDITOR, US TRUSTEE
Posted in bubble, Corruption, Eviction, securities fraud |

2010/10/09 at 2:03 pm submitted by Brian Davies EDITOR’S NOTE: By naming only the originating lender of record — that is, the only instrument in the title record as per the county recording office, you immediately shift the burden onto any pretender lender to explain what they are doing in court. If you look down […]

Tags: bankruptcy, creditor, encumbrance, MLS, mortgage bond, motion to lift stay, note, Obligation, secured, standing
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EDITOR’s comment: Everyone seems to agree that nobody really knows the identity of the creditor in the millions of mortgage transactions that were created from 2001 to 2008. Yet the general consensus from the administration and the media is that these transactions should be enforced anyway. The idea of enforcing a transaction in which only […]

Tags: borrower, bull market, congress, creditor, David Streitfeld, fraud, fraudulent appraisals, fraudulent loan transactions, housing market, identity of the creditor, Investor, Ny Times, Obama, speculators, Wall Street
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Our good friend “Anonymous” has piped up with more vital information and expressed it more succinctly than I did. “The senior tranches have largely already been paid and closed. Since the junior tranches are paid only if there is left over current payment – after the senior tranches have been paid. Thus, junior tranches are […]

Tags: creditor, fraud, mediation, REAL PARTY IN INTEREST
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OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of […]

Tags: acceptance of assignment, assignment, Assignment and ASsumption Agreement, borrower, creditor, DEBTOR, DISCOVERY AND MOTION PRACTICE, execution of assignment, HERS, Motion Practice, Pooling and Servicing Agreement, securitization chain, securitization documentation, status of assignment, trustee
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Editor’s Note: Besides the obvious, there are a number of not-so-obvious things to keep in mind. The reason why they made the “mistake” is probably related to errors in procedure because they receive information from multiple sources. It is possible but unlikely that this was a normal error in posting. In Motion Practice and Discovery […]

Tags: 80129, 8742 Lucent Blvd, borrower, business as usual, business records, CO, creditor, DEBTOR, discovery, fabricated documents, homeowner, Investor, Littleton, Motion Practice, Pasadena Sheriff’s Department, price, Reginald Jones, Specialized Loan Services, stakeholders, standard operating procedure, Terwin Group
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |