NY JUDGES ROCK — IndyMAc Bank FSB. v Yano-Horosky Indymac Bank F.S.B. v Yano-Horoski 2009 NY Slip Op 52333(U) Decided on November 19, 2009 Supreme Court, Suffolk County Spinner, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Horoski, INDYMAC, Mortgage, predatory lending, quiet title, securitization, vacating foreclosure sale, Yano
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AVAILABLE ON KINDLE/AMAZON You can use this information by establishing “probable cause” in the mind of the Judge or jury right off the bat — we know they lied to investors, are we now supposed to believe they told the truth to the homeowners? This is the kind of news article buried deep into a […]

Tags: auction rate securities, borrower, credit default swaps, disclosure, foreclosure defense, foreclosure offense, fraud, Investor, mortgage backed securities, securitization, Wells Fargo
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AVAILABLE ON KINDLE/AMAZON Editor’s Note: While the media, Wall Street and government sources try to placate us, there are inescapable truths right now and inescapable consequences right around the corner. Other than people who own their home outright or who are relatively close to that point, nearly every homeowner in America has several problems: (1) […]

Tags: borrower, delinquencies, foreclosure defense, foreclosure offense, home prices, LOAN MODIFICATION, median income, Mortgage, mortgage meltdown, Ny Times, securitization, short sales, voluntary abandonment
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Editor’s Note: In this article you have the nub of the problem for the investors, for the foreclosers, for the pretender lenders. What did the taxpayer actually pay for and what did they get for it? And if the money all went to pay off credit default swaps at 100 cents on the dollar then […]

Tags: AIG, audit, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Geitner, Lender Liability, mortgage meltdown, NY Fed, securitization
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And probably people “of the cloth” from all denominations. We are a nation of faith. Jesus angrily drove the money lenders out of the temple. How can we stand by and allow the borrowers to be driven out of their homes? The fact is most of these victims were hunted down like a foxhunt, with […]

Tags: Apostle Garay, bailout, Bank of America, borrower, countrywide, disclosure, Florida, foreclosure defense, foreclosure offense, Jacobson, mortgage brokers, mortgage meltdown, securitization, subprime loans, The Atlantic
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all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the […]

Tags: chain of title, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, investors, lenders, MERS, Obligation, securitization, Signatures, trustee
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Dan Edstrom, you are great! OK I found the loan level details for my deal. It shows my loan in foreclosure and my last payment in 6/2008 (which is accurate). What it doesn’t say (among other things) is what advances were made on the account. Very interesting. This report is generated monthly but they are […]

Tags: accounting, disclosure, discovery, Edstrom, foreclosure defense, foreclosure offense, fraud, lost note, Mortgage, quiet title, QWR, TILA audit, trustee
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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
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Editor’s Note: OK if you exclude that small matter of a $182 billion dollar loss, they made a profit. Other than that Mrs. Lincoln, how did you like the play? It is absurd to allow this kind of reporting. Ever since they started monkeying around with reporting standards in the 1960’s, things like this have […]

Tags: AIG, American International Group, bailout, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, securitization, trustee
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Also submitted by: mortgagefrauds@aol.com Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in […]

Tags: affidavit, asset backed notes, bailout, borrower, collusion, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, HSBC, Indenture trustee, New York, personal knowledge, real property actions, securitization, shack, valentin
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