Readers of Livinglies: Firstly, might I say we were as shocked as anyone to learn of Judge Spinner’s ruling, so eloquently documented in his Jeffersonian-writing style. We appreciate the notes and calls of support, but we are ordinary people whose only wish is to return to a normal life. As the court records indicate, we […]

Tags: disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

MANY THANKS TO DAN EDSTROM Dan has put together a list which frankly I would like him to expand. Following the money means determining the party to whom you MIGHT owe money. It certainly isn’t the pretender lender and if you can fill in the blanks on this list you will be able to show […]

Tags: accounting, audit, borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, forensic review, fraud, lender, Lender Liability, mortgage note, securitization, servicer, servicing agent, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to […]

Tags: Eviction, evidence, foreclosure, foreclosure defense, foreclosure offense, fraud, lost, lost document, lost note affidavit, quiet title, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

  NOW AVAILABLE ON AMAZON KINDLE “The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be […]

Tags: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee
Posted in Eviction |

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW If you want a summary of about 75% of what we cover at the seminar in Clearwater, Florida on November 1-2, just read this article. I’ll explain how we got to this point, the legal points to be raised and how to […]

Tags: audit, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, foreclosures, fraud, Lender Liability, Mortgage, securitization, trustee
Posted in bubble, Eviction |

LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE! SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for […]

Tags: audit, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, TILA audit, trustee
Posted in bubble, Eviction |

Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, fraud, Lender Liability, predatory lending, securitization, trustee, Wells Fargo
Posted in Eviction |

Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, securitization, TILA audit, title issues, trustee, vacating order of foreclosure
Posted in bubble, Eviction |

the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, rescission, securitization, trustee
Posted in bubble, Eviction |

If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down. See also fraud-on-the-court-reversing-the-tide See also Judge Young:  federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan See also modification-fraud-the-latest-game-in-town   So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines […]

Tags: bailout, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, predatory lending, rescission, securitization, trustee
Posted in Eviction |