Editor’s note: One of the tricks in civil procedure that has gone over the heads of some Judges is that the banks and servicers are refusing to comply with discovery, and while their refusal is subject to a later hearing they proceed with the foreclosure because there is no TRO. In this case, Judge Tarle […]

Tags: Auction, credit bid, discovery, FAGAN, foreclosure, Judge Tarle, TRO
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Tags: discovery, expert witness, money trail, OPINION TESTIMONY, pretender lender, waiver of subrogation, wire transfer instructions
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Tags: appeals court, appellate court, borrower, Darrell Blomberg, discovery, due process, evidence, evidentiary hearing, homeowner, information, pretender lender, Wells Fargo, Wells Fraudgo
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Tags: appeals court, appellate court, borrower, Darrell Blomberg, discovery, due process, evidence, evidentiary hearing, homeowner, information, pretender lender, Wells Fargo, Wells Fraudgo
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Tags: adequacy of consideration, Arizona Revised Statutes, attorney general, Auction, AZ statute on mortgage fraud not enforced, bogus mortgage bond, borrower, chapter 23, claims of profits, class 2 felony, class 4 felony, closing table, cOMPLAINT, constitutional requirements, credit bid, creditors, default, discovery, due process, Evictions, foreclosure proceedings, foreclosures, free house, good faith, HAMP, hearing on the merits, homeowner, investment banks, lender, material facts in dispute, mediated settlement, mediation, modification, mortgage fraud, mortgage meltdown, pretender lender, Residential mortgage fraud; classifications; definitions in Arizona, rules of civil procedure, San Francisco, Section 1, section 13-2320, securitization chain, stranger to this transaction, suicides, Title 13, traditional workout
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MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Note: The New York Times editorial makes a good point. Many Judges are elcted and even those who are appointed are frequently appointed by elected officials. Having money pour into these campaigns from  banks and servicers, which is what is happening, will […]

Tags: bankruptcy, borrower, citizens united, conflict of interest, contested facts, countrywide, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, prosecutorial discretion, quiet title, recusal, rescission, RESPA, securitization, special prosecutor, TILA audit, trustee, WEISBAND
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MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Chris has distilled the discovery requests down to what he feels are the essentials. My focus is evolving toward the actual money trail because I think it is there that we will find that no money exchanged hands in connection with […]

Tags: bankruptcy, borrower, countrywide, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, money trail, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FOLLOW THE MONEY TRAIL Editor’s Comment: Here is a firm that believes the Banks don’t have the goods and is willing to go after it. They also show some courage and tenacity in going on the offensive, which is where all of the […]

Tags: Bank of America, Bank of America foreclosure, bankruptcy, best foreclosure lawyers in Florida, borrower, countrywide, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, foreclosure summary judgment, foreclosures, fraud, LOAN MODIFICATION, modification, Palm Bay, quiet title, request for admissions, rescission, RESPA, securitization, TILA audit, trial strategy, trustee, WEISBAND, winning foreclosure trials
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The Courts are bending toward the borrower. Here the homeowner alleged in an affirmative defense that they had not been giving proper notice of default and therefore the foreclosure was at the very least premature. But the Court, instead of leaving […]

Tags: bankruptcy, borrower, countrywide, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, issue of fact, LOAN MODIFICATION, modification, notice, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
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