MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “Orsini did not know who, how, or when the data entries were made into Home Loan Services’ computer system,” the decision states. “Orsini could state that the data was accurate only insofar as it replicated the numbers derived from the company’s computer system.” […]

Tags: 4th DCA, bankruptcy, borrower, countrywide, disclosure, evidence, foreclosure, foreclosure defense, foreclosure offense, foreclosures, FORENSIC EVIDENCE, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, Trawick, trustee, WEISBAND
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Research and reporting on robo-signing is no substitute for the COMBO title and securitization search, report and analysis. It is a valuable adjunct to it. The COMBO provides the context in which the presence of robo-signing can be shown to be important — […]

Tags: bankruptcy, borrower, countrywide, disclosure, discovery, evidence, fabrication, foreclosure, foreclosure defense, foreclosure offense, foreclosures, forgery, fraud, information, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, robo, securitization, TILA audit, trustee, WEISBAND
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Herrera v Deutsch 5-31-11 Cal 3rd District SEE HERRERA DECISION GOES PUBLIC MAKING IT BINDING ON OTHER COURTS The Substitution of Trustee recites that the Bank “is the present beneficiary under” the 2003 deed of trust. As in Poseidon, this fact is hearsay […]

Tags: Assignment of Deed of Trust, authority to substitute the trustee, Brignac, business records, California Reconveyance Company, COMPETENCE OF WITNESS, CRC, creditor, DEED OF TRUST, Deutsche Bank National Trust Company, disclosure, evidence, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, hearsay, Herrera, JPMorgan Chase Bank, judicial notice, Long Beach Mortgage Company, quiet title, rescission, RESPA, securitization, Substitution of Trustee, TILA audit, TIMING OF ASSIGNMENTS, trustee, Washington Mutual Bank
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SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: Stopa makes some very good points for lawyers to consider, the main one being that you should make it as hard as possible for the would-be forecloser to prove their case. If they really have the goods, they will prove it; but as we have seen time […]

Tags: AUTHENTICATION OF DOCUMENT, borrower, COMPETENCE OF A WITNESS, disclosure, evidence, foreclosure, foreclosure defense, foreclosure offense, personal knowledge, quiet title, securitization, TILA audit, TRIAL
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SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: WISCONSIN COURT GETS IT: HEARSAY, PROOF, HOLDER NOT THE SAME AS CREDITOR, ETC. AFFIDAVIT THROWN OUT FOR LACK OF PERSONAL KNOWLEDGE. In short everything we have been saying here was followed by the Court. Expect more decisions like this coming from other states. In other words, false […]

Tags: affidavit, appeals court, assignment of mortgage, aurora loan servicing, chain of title, competence, David J. Carlsen, evidence, evidentiary hearing, failure, foreclosure defense, foreclosure fraud, foreclosure offense, hearsay witness, Kelly Conner, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Nancy L. Carlsen, securitization, TRIAL, Wisconsin
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ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION BORROWER APPEARED PRO SE GAME OVER: EVIDENCE REQUIRED, NOT PRESUMPTIONS EVEN IF HOLDER, THEY ARE NOT HOLDER IN DUE COURSE; DEFENSES APPLY SEE 01.28.2011 NJ CT OF APPEALS REVERSE NO STANDING -WELLS-FARGO-BANK-N-A-As-Trustee-Respondent-V-SANDRA-a-FORD-Appellant[1] NOTABLE QUOTES: This appeal presents significant issues regarding the evidence required (E.S.) […]

Tags: ARGENT, Attorney in fact, AUTHENTICATION OF DOCUMENT, CLOSING COSTS, evidence, Fidelity National, FORD, GFE, good faith estimate, HOLDER, HOMEQ SERVICING, JOSH BAXLEY, New Jersey, OWNER OF THE MORTGAGE, OWNER OF THE NOTE, personal knowledge, SOURCE OF KNOWLEDGE, standing, Wells Fargo
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TOP READER PICKS FOR SERVICES AND PRODUCTS “My mortgage was $124,000…property was titled to the lender after foreclosure and conveyed to Fannie Mae for $132,000…property was then transferred to new purchaser for $156,000…all my equity was lost because lender would not work with me…am I entitled to any portion of Fannie Mae’s profit in selling […]

Tags: Auction, Charles Koppa, credit bid, damages, evidence, profit on sale, quiet title, TILA
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SERVICES YOU NEED The common thread is they were lying. They lied when they said these were AAA rated liquid investments based upon industry standard underwriting standards for residential mortgages They lied when they said this property is worth more than the principal that was borrowed. They lied when they said these loans are in […]

Tags: affidavits, appraisal fraud, authroity to sign, evidence, PROOF, raings, Rules
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SERVICES YOU NEED “Here is a simpler explanation: the financial services industry is throwing more paper at the system than it can handle. So they are getting away with “representations” rather than solid evidence and proof. If Judges would require at least a copy of the title report, this case would not have occurred — […]

Tags: affidavits, Bank of America, Baseline Scenario, Beth Cottrell, BOA, evidence, GMAC, presumptions, sale, short-sale, Sun Sentinel, wrongful foreclosure
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9.09.10 NY MERS NO AUTHORIY DISMISSED MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say […]

Tags: affidavit, DEUTSCHE BANK, evidence, fraud on the court, Judge Jeffrey Arlen Spinner, MERS, New York, quiet title
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, Servicer |