Archives by Tag ' fraud '
Oct 14, 2009

Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that […]

Oct 14, 2009

Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and […]

Oct 13, 2009

the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to […]

Oct 13, 2009

SEE Entire Article: porter While concentrating on Bankruptcy Court all of her points are instructive in all types of litigation. “From external indicia, the claims process in consumer bankruptcy cases seems like an exemplar of a well-designed legal system that balances the interests of consumers and industry.  The claims rules are unambiguous; all parties typically […]

Oct 12, 2009

SEE wells-fargo-steps-on-a-rake-we-hope-eggs-a-new-country SEE 2009-Ohio-1092 Exactly as we predicted, the Wells Fargo appeal was an arrogant display of attempting to alter the law simply on the basis of the size of the institution. Bullying at its stupidest. They were looking to create precedent to say that anyone in the securitization chain can bring enforcement of a […]

Oct 10, 2009

Editor’s Note: It’s hard to imagine that we could have been any more scared than we were a year ago when it looked like we were going over a cliff. And yet we wasted the crisis and continue business as usual despite dire warnings from Simon Johnson (see article below) who has the prospective of […]

Oct 9, 2009

Editor’s Note: The simple truth is this is a ruse. For most people they are under water at the beginning, in the middle and at the end. For most people they will not be able to maintain the payments and they will either fail or refuse to do so. Treasury is kidding itself if it […]

Oct 9, 2009

Editor’s Note: They just WON’T get it. Of course they will need a bailout because prices must continue to go down. Just look at the Schiller index that removes inflation from the price of housing and compares it to median income. A child could see where this is going and Washington is covering its eyes […]

Oct 6, 2009

editor’s note: This is part of what we have been talking about. years down the road these bankers are looking to sue borrowers for deficiencies after people recover from the disaster the bankers caused. Also set to explode in a few years are title defects that are incurable resulting from the securitization of loans and incorrect […]

Oct 5, 2009

FROM OUR READER THANK YOU Gregory Montelaro: What is now beginning to surface are the losses attributed to the massive amount of fraud that mortgage originators created and passed on to Freddie Mac with two specific types of origination fraud know as “Double-Funding”, “Double Selling” or “Double Warehousing” fraud and Assignment Fraud. “Double-Funding” involves a […]