From Eric Mesi MERs has a manual and I included some of it below regarding foreclosures. But who would know if their manual is correct? Of course they will write it to protect their selves. Section 2: (a) If a Member chooses to conduct foreclosures in the name of Mortgage Electronic Registration Systems, Inc., the […]

Tags: endorsed in blank, foreclosure, HERS, Inc., Investor, Member’s MERS Certifying Officer, MERS, MERS certifying officers, MERS Manual, MERS Members, MERS standard reports, MERS® System, Mortgage Electronic registration Systems, note, possession, security instrument
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Wells Fargo Bank, N.A. appears in many ways including as servicer (America Servicing Company), Trustee (although it does not appear to be qualified as a “Trust Company”), as claimed beneficiary, as Payee on the note, as beneficiary under the title policy, as beneficiary under the property and liability insurance, and it may have in actuality […]

Tags: 120 East Fourth Street, 2010, 2855 Elm Street, 419-228-2091, 419-229-3786, 45201-5480, 45202, 45801, 45805, 513-241-3100, 513-241-4094, 620-624 N. Main stree, agency agreement, agency authority, America Servicing Company, American Home Mortgage, appearance of propriety, as trustee, Assistant Secretary, bank charter, beneficiary, Cincinnati, co-underwriter, commercial bank, conveyance of a percentage ownership in the pool, creditor, DD615990, Depositor, documentation, Florida Notary, foreclosure, funds were advanced, HERS, HOLDER, holder of the note, homeowner, indenture, investment bank, Irving, JP Morgan Chase Bank, Kathy Smith, lender, LERNER, Lima, Linda Bayless, money, MORTGAGE BROKER, N.A, N.A Trustee, November 19, Obligation, Oh, Ohio, Option One, Option One Mortgage, Option One Mortgage Loan Trust, Option One Mortgage Loan Trust 2007-6 Asset Backed Certificates, P.O. Box 5480, P.O. Box 631730, Payee, pooling and service agreement, presumption, property and liability insurance, Prospectus, repayment of principal non-recourse, Robert B. Blackwel, SAMPSON & ROTHFUSS, securities underwriter, securitization chain, securitized loan, Series 2007-6, Suite 200, Suite 800, Susana E. Lykins, Texas, title policy, trust, Wells Fargo, Wells Fargo Bank
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SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest […]

Tags: ABS Disclosure, arrangement, asymmetry of information, balance, Bank of England, bankruptcy, BEAR STEARNS, cash-flow waterfalls, countrywide, Credit Suisse, current rate, current valuation, David J. Grais, default, delinquent, descriptions, Deutsch Bank, diagrams, discovery, event, Federal Home Loan Bank of San Francisco, foreclosure, fraudulent activity, Grais and Ellsworth, Gretchen Morgenstern, interest rate, levels, LITIGATION, loan-to-value ratio, loss on sale, Merrill Lynch, Moral Hazard, mortgage backed bonds, mortgage backed securities, New York Times, noteholders, performing, portfolio, prepayments, profit on sale, qualified written request, remaining life, RMBS, sale price, subportfolio, total recoveries, triggers, value of payments in arrears
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Vargas_MTD_Tentative1 Judge Buford in Bankruptcy Court has no problem seeing the real issues. Here he is again stating that MERS has no standing and that MERS is confused as to whether it is acting in is own behalf or as agent for the note holder. He further makes it clear that the loan is not […]

Tags: bankruptcy petition, foreclosure, foreclosure sale, Judge Buford, MERS, mortgage note, nominee, note holder, sale, standing
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Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of […]

Tags: accounting, adversary, bankruptcy, credit default swaps, creditor, Federal Bailout, foreclosure, insurance, schedules, secured claims, securitized mortgage, third party payments, unsecured creditors
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 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |

THANK YOU FLORIDA DEFENSE TEAM!!! TRUSTS + NON RESIDENT COST BOND = BIG PROBLEM FOR MILLS Is Mortgage Held in a trust? Pin them down in Discovery to answer if they’re complying with State Law. Compel if need be. Admission will be damning. Avoidance will be telling. A Motion to Dismiss for failure to file […]

Tags: BOND, civil procedure, Florida, Florida Bar ethics, FLORIDA DEFENSE TEAM, Florida Rules of Judicial Administration Rule 2.060(f), Florida Statute 454.20, foreclosure, foreclosure defense, foreclosure offense, NON-RESIDENT COST BOND, trustee, TRUSTS
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First of all you have non-judicial and judicial foreclosure states. Non-judicial basically means that instead of signing a conventional mortgage and note, you signed a document that says you give up your right to a judicial proceeding. So the pretender lender or lender simply instructs the Trustee to sell the property, giving you some notice. […]

Tags: accounting, creditor, Eviction, foreclosure, foreclosure defense, four wall audit, how to, judicial sale, lender, NON-JUDICIAL SALE, Notice of Default, Notice of Sale, pretender lender, service of process, TRO, Unlawful Detainer
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See how-to-negotiate-a-short-sale See Michael Moore — Modifications See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk My statements here relate to general information and not legal advice. Generally we are of the opinion that the loan modification programs are a farce. First they end up in foreclosure in 6-7 months […]

Tags: Appraisal, chain of possession, chain of title, Federal government, foreclosure, forensic analyst, LAWYER, modification, mortgage lenders, pretender lender, quiet title, RESPA, securities, securitization, TILA, yield spread premium
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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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