Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee […]

Tags: Assignment and ASsumption Agreement, default, evidence, Pooling and Servicing Agreement, relevance, SECURITIZATION DOCUMENTS, Servicer advances
Posted in Corruption, evidence, foreclosure defenses, Modification, Pleading, Servicer |

It is important that the content of the report dealing withservicer advances be argued strenuously.Servicer advances have been received by the creditor, thus reducing the amount the creditor is expecting to be paid. Hence there should be reduction in the amount that is due from the borrower — to the extent thatactual payments have been […]

Tags: default, notice of acceleration, notice of accleration, Servicer advances
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to […]

Tags: Bill Paatalo, DDan Edstrom, default, MLN, Mortgage Lenders Network, Ponzi scheme, Pooling and Servicing Agreement, RESPA, Servicer advances, tier 2 yield spread premium, TILA, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic […]

Tags: Auction, Bill Paatalo, credit bid, default, foreclosure sale, Notice of Default, Notice of Sale, redemption, reinstatement, standing
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Many homeowners get tax statements from entities claiming the right to file them, with an EIN that is problematic. We are having trouble linking the EIN with the name of the entity that sends the tax statement. More importantly or perhaps of equal importance is the question raised by individual homeowners and investors who have […]

Tags: deductible interest payments, default, IRS, mortgage foreclosures, Servicer advances
Posted in Corruption, evidence, expert witness, Modification, Motions, Pleading, Servicer |

Since I entered the fray as the actual attorney for clients, we are getting down to the nitty gritty. Judges are surprised to learn that the foreclosure case in front of them was filed despite the payments actually received by the alleged creditor through third parties. In other words the case in front of them […]

Tags: assignment of rents, Dade County, default, investment banker, non stop servicer advances, pooling, Pooling and Servicing Agreement, Prospectus, PSA, Servicer advances, Title and Securitization Report, trust beneficiaries, US BANK
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

It is now common knowledge that subservicers are continuing to pay investors and reporting the loan as “performing” after they have sent a default and right to reinstate notice as required by the mortgage (usually paragraph 22) and by the uniform debt collection laws. The first problem about this is that the actual creditor does […]

Tags: default, mortgage bonds, mortgages, payments, Servicing
Posted in bubble, Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

LAW FIRM OFFERS CONTINGENCY ON SOME CASES If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the […]

Tags: borrower, contingency fees, creditor, debt, default, Detroit, economic damages, Fannie MAe, Freddie Mac, intermediaries, modification, Mortgage, note, resales, short sales, wrongful foreclosure
Posted in Corruption, securities fraud |

13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with […]

Tags: 13 questions, accounting, borrower, canceled checks, creditor, curing the default, default, discovery, investment banker, Master Servicer, OCC, OCC guidance letter, REMIC, trustee, wire transfer receipt
Posted in Eviction, securities fraud |

This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there […]

Tags: admissions, allegations, Amina v Bank of New York Mellon et al Civil No. 11-00714 JMS/BMK, bank of new york, debt, default, evidence, foreclosure, JP Morgan, Mellon, Mortgage, note, PROOF, quiet title, sale of loan, securitized pools, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |