Archives by Tag ' foreclosure defense '
Based upon the following, and assuming that the the entire single transaction from sale of the ABS to “sale” of the loan to the borrower consists of a basket of securities, some of which should have been registered, had a prospectus, right to rescind, etc., and based upon the disclosure requirements of public companies who […]
When was the last time you heard of a crowd of debt-ridden consumers cornering the finance market and playing with the economy at their leisure? THE WALL STREET GENIUSES HAD CREATED THIS MONSTER AND THE ONE ENTITY THAT WAS SUPPOSED TO HAVE THE VANTAGE POINT OF SEEING THE BIG PICTURE AND THE NEED TO REIN […]
LITIGATORS AND LITIGANTS WHO ARE FIGHTING FORECLOSURE AND USING OFFENSIVE STRATEGIES TO RECOVER REFUNDS, REBATES AND DAMAGES FROM THE COLLECTION OF COMPANIES THAT RAN UPLINE AND DOWNLINE FROM THE LENDER SHOUDL TRACK THESE LAWSUITS AND EVERY FIILNG — THERE IS A LOT OF GOLD IN THOSE PLEADINGS AND A LOT OF WORK YOU WON’T BE […]
And now, because nobody stepped in before the flood began, a new industry is born — bigger than personal injury lawsuits — it the flood of claims under TILA, RESPA, RICO, Securities laws, common law fraud and state and federal laws concerning false and deceptive business practices. People will be rescinding or simply voiding their […]
I found an excellent article by an excellent writer I would like to share with you. It underscores the importance of the requiring the lender to prove the original note, the ownership of the note and mortgage and the alleged non-payment. There is much more. If you are involved in a foreclosure or you are […]
It is our theory that the real party in interest on the lender side is the owner of the asset backed security issued by the SPV. The security is usually a “securitized” bond deriving its value from the underlying mortgages of which yours is one. Thus a quiet title action against “John Doe” and served […]
SEE GARFIELD’S GLOSSARY AND TACTICAL GUIDELINES https://livinglies.me/glossary-mortgage-meltdown-and-foreclosure/ THE UNDERLYING THEME OF THE MORTGAGE MELTDOWN WHICH HAS SIGNIFICANCE TO FORECLOSURE DEFENSE IS THAT FOR EACH “LOAN” TRANSACTION THERE WERE CORRESPONDING INVESTMENTS IN ONE OR MORE ASSET BACKED SECURITY, BOTH (MORTGAGE AND ABS) DEPENDENT ON EACH OTHER FOR THEIR CREATION. THE SPREADING OF RISK, THE OBLIGATION FOR […]
Thus the fund is present for payment and controlled by the combined entities of the entire single transaction. A default by the borrower is actually therefore impossible under the scheme of securitization as it was implemented. The fact that the borrower has not made a payment to the mortgage service provider has typically been accepted […]
Mortgages in foreclosure jump in first quarter Foreclosure starts, delinquency rate also rise in first months of 2008: MBA By Amy Hoak, MarketWatch Last update: 2:13 a.m. EDT June 6, 2008 CHICAGO (MarketWatch) — More homeowners headed toward foreclosure in the first three months of 2008, as both the percentage of […]
NO worries really. The causes of action are mostly Federal and can be brought in Federal Court under Federal law. ANd the law is unworkable after the borrower has filed suit in state court or Federal Court. I might add that Judges, Sheriffs, and others are wary of the constitutionality of laws enabling the lender […]
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