See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]

Tags: accounting, agent, ARIZONA, authorized agent, creditor, disclosure, discovery, financial double jeopardy, foreclosure defense, HOLDER, holder in due course, Ibanez, Judge Long, Larace, Massachusetts, mediation, modification, Ohio, pretender lender, principal, right to inquire, rules of engagement, third party payments, vacate
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From “Anonymous” Editor’s Post: It’s always a pleasure to read something where someone actually knows what they are talking about. The following post was picked up from the comments. The key points that are relevant to the Qualified Written Request and Discovery are 1. In the shuffling of paperwork, where was a “true sale” of […]

Tags: accountant, assignments, balance sheet, bookkeping, CFO, conduit, discovery, equitable, FASB, gaap, income statement, Investor, legal, Qualifified Written Request, REMIC, selling forward, Treasurer, true sale
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“Each year they will launder more money back into the system and back onto the books so it becomes “on balance sheet” but the explanation of where the profits came from will be double-talk. But as long as we let them do it, they will be using the proceeds of purse snatching from the little […]

Tags: $23.7 trillion, accounting, deregulation, discovery, foreclosure defense, foreclosure offense, gaap, generally accepted accounting principles, investors, Jamie Dimon, JPM, laudered money, MBS, question of fact, regulation, security, too big to fail
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See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to […]

Tags: administrative order, discovery, Florida, forensic analysis, intake form, interrogatories, mediation, request to produce, Supreme Court, TILA audit
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Editor’s Note: READ this Tampa Tribune article ALL THE WAY through. It exposes the cracks you should exploit. The clerical staff of foreclosure mills, sometimes charged with the responsibility of fabricating documents, has no idea what they are doing. The paralegals don’t know anything about the loan, the securitization, or anything else. The junior lawyer […]

Tags: clerical staff, creditor, David J Stern, discovery, Echevarria, fabricating documents, Florida, Florida Default Law Group, foreclosure mills, Jim Kowalski, junior lawyer, Marshall C Watson, Michael Sasso, mortgage securitization, paralegals, Shapiro & Fishman, Tampa Tribune
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NOW AVAILABLE ON AMAZON/KINDLE!!! This is why it is critically important that (a) you get help in organizing your information (b) getting a forensic analysis, review or even a TILA Audit (c) that you secure a third party expert declaration that puts the the facts in issue and (d) that you aggressively pursue discovery without […]

Tags: Bahamas, Cayman, declaration, defaults, discovery, expert witness, forensic analysis, Glass Steagel, homeowners, intake assistance, intermediaries, investors, Mortgage, mortgage securitization, note, Obligation, SIV, structured investment vehicles, TILA audits, toxic loans
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  NOW AVAILABLE OF AMAZON/KINDLE! EDITOR’S NOTE:MY WIFE WILL KILL ME IF SHE FINDS OUT I’VE BEEN WORKING. SHHHHHHHHH. This news is irresistible. MERS is all but dead with this single decision (see below). Here are the salient points:   MERS is not a beneficiary even if the mortgage deed or deed of trust states […]

Tags: affifrmative defenses, allonge, assignment, bankrupty, beneficiary, cloud on title, DEED OF TRUST, defenses, discovery, interrogatories, invalid deed of trust, invalid mortgage deed, Investigation, lack of standing, lawsuit, MERS, money judgment, mortgage deed, motion for contempt, motion to lift stay, motion to strike pleadings, motion tocompel, notice of deposition, real financial interest, request for access, request for admissions, request toproduce, RESPA, standing, TILA, unsecured loan, unsecured obligationunsecured note, void deed of trust, void mortgage deed
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EDITOR’S NOTE: Earth,the final frontier. Somewhere there are people who grasp the concept of reality. But to give credit where credit is due Floyd gives primary print space to contrary points of view. Even better, he shows his professionalism by asking the two questions (1) why would banks lose the note and (2) “what am […]

Tags: borrowers, cash equivalents, credit default swaps, DESTROYED NOTE, discovery, financial loan product, Floyd Norris, investors, lost documents, lost note, Ny Times, two pools
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NOW AVAILABLE ON AMAZON KINDLE!! Pursuit vs. UBS Drills Down to Real Benefits to Intermediaries While Real PARTIES — Investors and Homeowners — get the shaft UBS090909 This is a case of an investor suing the underwriter of the mortgage backed bonds purchased as “investment grade securities.” As we have pointed out on these pages […]

Tags: CDO, disclosure, discovery, flow of documents, follow the money, foreclosure defense, foreclosure offense, fraud, homeowner, investment grade securities, Investor, Lender Liability, Morelli, motions to compel, pattern of deception, predatory lending, Pursuit, Pursuit v UBS, securitization, Stamford Court, TILA audit, trustee, UBS
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WHY WE ARE PLANNING 2-3 DAY BOOT-CAMPS AND MANUALS FOR LAWYERS, BOOT-CAMPS FOR FORENSIC ANALYSTS, AND BOOT-CAMPS FOR LAYMEN. IT’S JUST NOT AS SIMPLE AS YOU MAY WANT IT TO BE. NOT EVERYTHING ENDS WELL. THE BATTLE IS ON. THIS JUDGE SAID THE ASSIGNMENT DOESN’T NEED TO BE RECORDED TO PROVE OWNERSHIP. HE’S TECHNICALLY RIGHT, […]

Tags: advanced money, authority, discovery, DVL, enforcement of mortgage, enforcement of note, enforcement of obligation, fairness, Fitzgerald, Florida, investors, legal maneuvering, ownership, pretender lender, QWR, recording in Florida, RESPA, satisfaction of mortgage, securitization chain, TILA, true lender
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