In my opinion, the growing anger at Wall Street is giving Lloyd Blankfein and Jamie Dimon another chance at misdirection. They are using the current popular angst to steer the debate into whether derivatives and synthetic CDOs should be banned. In the end they will win that debate, and they should win it. What they […]

Tags: Blankfein, BOND, co-obligors, creditor, DEBTOR, derivatives, Dimon, disclosure, DVL, Ebbers, Federal reserve, fraud, FTC, insurance, intermediaries, liquidity, mortgages, note, notes, obligations, OCC, OTS, prosecution, QWR, regulation, RESPA, TILA, transparency, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

Submitted by dan, whom I think is 100% right here: After a closer look at trust law (see Gilbert Law Summeries on Trusts by Edward C. Halbach Jr), the 4 critical elements of a trust are: 1. trust intent. 2. specific trust res or property. 3. properly designated parties. 4. valid and legal trust purpose. […]

Tags: beneficiary, creditor, DEBTOR, equitable title, fiction, Gilbert Law Summeries, grantor, Halbach, legal title, note, res, settlor, trust, trust indenture, trust property, trustee, Trustor
Posted in bubble, Corruption, Eviction, securities fraud |

Challenge everything, assume nothing. The chances are that through this shadow banking system, your loan was paid in whole or in part through third party insurers, counterparties, federal bailout etc. Without an accounting from the CREDITOR, there is no basis for claiming a default. What the other side is doing is centering in on the […]

Tags: accounting, creditor, DEBTOR, discovery, enforcement of obligation, Lehman, motino practice, Obligation, unsecured obligationunsecured note
Posted in Corruption, Eviction, securities fraud |

I was looking at an assignment signed by Margaret Dalton, “Vice President”, Mortgage Electronic Registration Systems, Inc (MERS) “as nominee” for “Hoecomings” (sic) Financial Network, Inc. with an execution date of March 5, 2010 and a notarization date of the same date, notarized by D. Pakusic in Duval County, Florida, naming United Independent Title as […]

Tags: 2010, 2112 Business Center Dr., 92612, access procedure, as evidence of the underlying obligation, assignments, authority to sign, CALIFORNIA, California Statutes, chain of title, County of Los Angeles, creditor, D. Pakusic, Dalton, data entry and retrieval system, DEBTOR, DEED OF TRUST, DOT, Duval County, Florida, Florida Statutes, HERS, HFN, identity of the creditor, Inc., Irvine, IT platform, JP Morgan Chase Bank National Association, Malcolm-Cisneros, March 5, Margaret Dalton, MERS, MERS disclaiming, MERSCORP, Mortgage Electronic registration Systems, necessary parties, nominee, notarization, note, oath administered is invalid, Obligation, origination of the loan, ownership of the note, Public records, Recording laws, security instrument, signature and stamp, source of funds, Trustor, United Independent Title, unknown sources of funds, vice-president
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

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 |

Editor’s Comments: Everyone now has heard of credit default swaps but very few people understand what they mean and fewer still understand their importance in connection with the securitization of residential mortgage loans and other types of loans.The importance of understanding the operation of a CDS contract in the context of foreclosure defense cannot be […]

Tags: accounting, CDS, credit default swaps, creditor, DEBTOR, default, delinquency, downgrade, excess proceeds, loss reserves, non-payment, payment, pretender lender, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

the obligation created when the debtor entered the transaction may well be satisfied in whole or in part by the U.S. Taxpayer, insurers, or counterparties in credit default swaps. Wall Street attempts to frame the argument as giving a free house to the unworthy homeowner. The TRUE argument is what to do with all the […]

Tags: ban on foreclosures, Bank of America, contract, creditor, cross-collateralization, DEBTOR, FDIC, Fed, financial double jeopardy, Frey, FTC, Greenwich Financial, Mortgage, note, Ny Times, Obligation, OTC, over-collateralization, Streitfeld, taxpayer, title defects, title insurance, unmarketable title, Use of proceeds
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 |

The mistake I detect from those who are not faring well in court is the attempt to treat preliminary motions and hearings as opportunities to prove your entire case. Don’t talk about conspiracy and theft, talk about evidence and discovery. every debtor is entitled to know the identity of the creditor, the full accounting for […]

Tags: creditor, David Stockman, DEBTOR, evidence, evidentiary hearing, Federal reserve, full accounting, identity, mediation, modifications, New York Times, off balance sheet, off shore, reconciliation, yield spread premium
Posted in bubble, Corruption, Eviction, securities fraud |