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 procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff […]

Tags: accounting, assignment, Assignment and ASsumption Agreement, BURDEN OF PROOF, civil procedure, cut-off date, default, delivery, discovery, due process, fraud, indorsement, party seeking affirmative relief, Pleading, PSA, re-orienting the parties, third party payments, TILA, transfer, yield spread premium
Posted in Corruption, evidence, foreclosure mill, Motions, Pleading, securities fraud |

Your case should first be summarized by your securitization expert who relies upon the expert opinions of others as to underwriting, appraisal, mortgage brokers etc. Then those other experts come in. After that, the forensic analyst and homeowner come in to fill in the facts upon which the experts relied. But you build your case […]

Tags: agent, allonge, bank of new york, BEAR STEARNS, Bear Stearns Asset Backed Certificates Series 2003-2, cross examination, custodian, cut-off date, EMC, endorsement, expert, forensic report, Form 8-K, fraud, Greenville, JP Morgan, JP Morgan Chase, MERS, MIN, MOM, opinions, Pool field, RBMG, securitized transactions, title policy, Wells Fargo Bank
Posted in bubble, Corruption, Eviction, securities fraud |