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 |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Analyzed and Presented by Charles Koppa, MORTGAGE AUTOPSIES There are 131 pages within links at the bottom for Maiden Lane Disclosures (a year later).  They give ONLY NAMES of nearly 800 underlying Securities Trusts with NO NAMES/LINKS to the original Grantors in the Deed of Trust for underlying “toxic mortgages” which attach real estate collateral that allowed securitization for each CUSIP.  That information remains in […]

Tags: Assign, audit trail, Back to Beneficiary process, Bona Fide Purchaser (BFP, Borrowers Loan Default, Creditor/Depositor's Security Trust Account, DATE OF AUCTION, discovery, final Beneficial Trust, Grantors in the Deed of Trust, HERS, HOLDER, Maiden Lane Disclosures, MERS, NOD, NOTS, Securities Trusts, sub-trust, Substitution of Trustee, TDOS, third party bond servicer, third party loan servicer, transfer of wealth, triggers, Trustees Auction, Trustees Deed Upon Sale (TDOS), unlawful Trustees, unlawful Trustees Deed Upon Sale (TDOS), untitled transfer
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

NEWS REPORTS HAVE BEEN SPORADICALLY REFERRING TO THE OLD DERIVATIVES BEING RE-PACKAGED AND SOLD AGAIN. This is called resecuritization. It takes the old pools, or what’s left of them, puts them together with other old pools, and creates a brand new Special Purpose vehicle that issues brand spanking new mortgage backed bonds. The backing in […]

Tags: 2009-12, Business Wire, CHL 2007-9, Class A-6, CLTV, collateral risks, combined loan-to-value, delinquency status, discovery, Fitch ratings, FOF, Frequency of Foreclosure, HERS, J.P. Morgan Resecuritization Trust, Loss Severity, ResiLogic model, risk factor, Wells Fargo, WFMBS 2007-11
Posted in bubble, Corruption, Eviction, securities fraud, Servicer |

“We did not service the loan,” Mr. Dale said. “We did not originate the loan, and we were not the financial entity that placed it into foreclosure. Do you understand what a trustee does?” Editor’s Note: Well, Yes Mr. Dale, we do understand what a trustee does and can do —- nothing. So why are […]

Tags: A.F.L.-C.I.O, Alex Samuelson, Americans for Financial Reform, Andy Stern, Aramark, Bank of New York Mellon, Citigroup, conduit, contingent agent, derivatives, disclosure, discovery, Financial Services Roundtable, foreclosures, forensic analysis, Goldman Sachs, Javier Morillo-Alicea, JPMorgan Chase, labor union, Lloyd C. Blankfein, Los Angeles, Louise Story, Minneapolis local, mortgages, New York Times, Occidental College, Peter Dreier, pool of loans, private equity firms, REMIC, research, Richard Alarcón, Richard K. Davis, Richard L. Trumka, S.E.I.U., securitized mortgages, Service Employees International Union, SPV, Steve Bartlett, Steve Dale, STEVEN GREENHOUSE, trustee, U.S. Bank, UNIONS, variable-rate bonds
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two […]

Tags: Ambac Financial Group Inc., Andrew Frye, appraisal fraud, Bloomberg, bondholders, credit default swaps, creditors, damages, debtors, default, discovery, foreclosure defense, forensic analysis, full accounting, HERS, insurance, Insurance Commissioner, Jody Shenn, Obligation, payment, principal reduction, Sean Dilweg, securitized residential mortgage
Posted in bubble, Corruption, Eviction, securities fraud |

Announcing the establishment of the Homeowners Electronic Registration System (HERS) to assist in mortgage negotiations, litigation, foreclosures and modifications. HERS v MERS, Get It? We are looking for someone to go through the comments and blog posts that give the name of an officer or other person signing any paper involved in the mortgage or […]

Tags: discovery, ethics, expert declaration, fabrication mills, Fabrication of documents, foreclosure mills, forensic analysis, HERS, Homeowners Electronic Mortgage Registration System, lawyers, limited signing officers, MERS, Mortgage Electronic registration Systems, qualified written request, Rand
Posted in bubble, Corruption, Eviction, securities fraud |

SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest […]

Tags: ABS Disclosure, arrangement, asymmetry of information, balance, Bank of England, bankruptcy, BEAR STEARNS, cash-flow waterfalls, countrywide, Credit Suisse, current rate, current valuation, David J. Grais, default, delinquent, descriptions, Deutsch Bank, diagrams, discovery, event, Federal Home Loan Bank of San Francisco, foreclosure, fraudulent activity, Grais and Ellsworth, Gretchen Morgenstern, interest rate, levels, LITIGATION, loan-to-value ratio, loss on sale, Merrill Lynch, Moral Hazard, mortgage backed bonds, mortgage backed securities, New York Times, noteholders, performing, portfolio, prepayments, profit on sale, qualified written request, remaining life, RMBS, sale price, subportfolio, total recoveries, triggers, value of payments in arrears
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

“(T)he differences between the values ascribed to these properties and the prices at which the properties were sold in foreclosure are significantly greater than the declines in house prices in the same geographical areas over the same periods,” Editor’s Comment: BINGO! Use this complaint for both discovery and as a pleading guide. Send me a […]

Tags: appraisal fraud, Banc of America, BEAR STEARNS, Charles Koppa, countrywide, Credit Suisse, Dave Tartre, Day and Lamprey, Deutsch Bank, discovery, eclosure sales, Federal Home Loan Bank of San Francisco, FHLB, Fruad, Goodin, Greenwich capital markets, JPMorgan Stanley, Macbride, mortgage backed bonds, property value, RBS Securities, Robert Goodin, Squeri, UBS
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |