With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated […]

Tags: company witness, credibility, debt, evidence, expert declaration, New York trust, personal knowledge, Reg Z, REMIC, TILA
Posted in Corruption, Eviction, evidence, expert witness, Servicer |

UPDATE: This is THE OUTLINE of a plan that is current in its evolution but by no means complete or the last word. It replaces the entry I made in February of this year. The assumption here is that even without taking mortgage foreclosure cases into consideration, the percentage of cases that actually go to […]

Tags: debt validation, expert declaration, forensic analysis, qualified written request, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP SHOW ME THE BOND!: 9th CIRCUIT AFFIRMS BACKDOOR REQUIREMENT FOR ENHANCED “CREDITOR” DISCLOSURE REQUIREMENTS IN CHAPTER 13 PLAN: SEE chapter 13 debtorsHerrera Monroy opinion 09-1175 (9th Cir BAP 01 05 2010) Among the things we will cover at the May workshop on Motion Practice and Discovery, are […]

Tags: actual Payor or obligor on the Bond, argument, conditional non-recourse conveyance of the borrower's note, conditional non-recourse payment of interest, conditional non-recourse payment of principal, DISCOVERY AND MOTION PRACTICE, elements in establishing a "lost instrument, expert declaration, forensic analysis, HERS, request to produce the minute books, securitized, show me the BOND, trustee's records and actual copies of the certificates, unregistered securities
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

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 |

Editor’s Note: to most Judges and most lawyers the thought that a home could be foreclosed by the wrong party, or that there could be a declaration of default on a satisfied mortgage, and that these things could lead to sale of a home by a bank or other party that doesn’t own it to […]

Tags: Bank of America, Beth Findsen, expert declaration, financial double jeopardy, Florida, forensic report, Golden gate Estates, Naples, Nyerges, recording, securitization, Tuan Van Ho
Posted in bubble, Corruption, Eviction, securities fraud |