SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM GET COMBO TITLE AND SECURITIZATION SEARCH, REPORT, ANALYSIS ON LUMINAQ SEE COMPLETE REPORT: LSNJReport WERE ORIGINAL MORTGAGE DOCUMENTS FALSE OR FRAUDULENT? YES — at least that’s my opinion and the the opinion of a growing body of legal experts. Any property lawyer will tell you that you can fix […]

Tags: appraisal fraud, borrower, disclosure, FLASE DOCUMENTS, foreclosure defense, foreclosure offense, fraud, investors, LPS, New Jersey, predatory lending, rescission, securitization, servicers, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary GET RID OF THE MIDDLEMEN NOTE TO INVESTORS AND BORROWERS: IF YOU ARE SERIOUS ABOUT RESOLVING THE MORTGAGE CRISIS AND YOU WANT TO DO SOMETHING ABOUT IT WRITE TO ME AT neilfranklingarfield@gmail.com. EDITOR’S NOTE: For those of you who have followed the blog from the […]

Tags: disclosure, HERS, investors, modification, mortgage backed securities, mortgage meltdown, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

The model concluded that roughly one-third of the loans were for amounts that were 105 percent or more of the underlying property’s value. Roughly 5.5 percent of the loans in the pools had appraisals that were lower than they should have been. In one pool with 3,543 loans, for example, the CoreLogic model had enough […]

Tags: CoreLogic, Credit Suisse, David J. Grais, DEUTSCHE BANK, GRETCHEN MORGENSON, HERS, Home Loan Banks, investment banks, investors, Merrill Lynch, mortgage securities, San Francisco Home Loan Bank, Seattle Home Loan Bank, UBS, VP4
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

“The fraud here is truly stunning in its scale and complexity,” said Lanny A. Breuer, assistant attorney general in the criminal division of the Department of Justice. “These charges send a strong message to corporations and corporate executives alike that financial fraud will be found, and it will be prosecuted.” Once they determined that that […]

Tags: accounting, bank fraud, civil fraud charges, Colonial BancGroup, Colonial Bank, conspiracy, Department of Housing and Urban Development, Department of Justice, DOJ, ERIC DASH, Federal Deposit Insurance Corporation., fraud, HERS, infrastructure, investors, Lanny A Breuer, Lee B Farkas, Ny Times, Securities and Exchange Commission, securities fraud, Taylor, Taylor Bean, TBW, wire fraud
Posted in bubble, Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY FTC v Countrywide Home Loans Incand BAC Home Loans ServicingConsent Judgment Order 20100607 Editor’s Comment: This “tip of the iceberg”  is important for a number of reasons. You should be alerted to the fact that this was an industry-wide practice. The fees tacked on illegally during […]

Tags: Appraisal, Bank of America, bo-doc, california foreclosure, countrywide, delinquency, excessive fees, Federal Trade Commission, feeder originators, fees, FTC, interest rates, investors, loans, Merrill Lynch & Co., mortgage backed securities, Notice of Default, Notice of Sale, points, Quicken, underwriting
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

More and more states are following the example set by the federal government in requiring mediation or modification attempts before going forward with litigation. We think that is a good idea in theory, but without the teeth that is in the enabling rules and statutes in Florida, you are just going to end up playing […]

Tags: authority, decision-maker, Florida Modification, investors, mediation, modification, Mortgage, note, Obligation
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge […]

Tags: beneficiary, DEED OF TRUST, Deutsch Bank, fiduciary, HERS, investors, One West, OneWest, Payee, payor, securitization, servicer, Tape recording, transparency, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: Hard to say which way this will go, but it SHOULD go negative for Moody’s, Fitch and Standard and Poor’s. This was appraisal fraud at the OTHER end of the lending chain. Investors were misled as to the value of the security not only because the home appraisals were inflated, and not only […]

Tags: appraisal fraud, cease and desist, credit enhancements, Credit Rating Agency Reform Act of 2006, Fitch, home appraisals, investors, MIS, Moody's, moodys.com, ratings agencies, SEC, SEC Form NRSRO, Standard and Poor's, Triple AAA ratings, Wells Notice, Zero Hedge
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why-you-should-attend-the-discovery-and-motion-practice-workshop VISIT LIVINGLIES STORE FOR FREE VIDEOS AND OTHER RESOURCES START WINNING CASES!! May 23-24, 2010 2 days. 9am-5pm. Neil F Garfield. CLE credits pending but not promised. Register Now. Seating limited to 18. INCLUDES LUNCH AND EXTENSIVE MANUAL OF FORMS, NARRATIVE AND CASES. An in-depth look at securitized residential mortgages and deeds of trust. […]

Tags: bankruptcy, BOND, borrowers, CLE, creditors, debtors, DEED OF TRUST ANALYSIS, deeds of trust, DEPOSITIONS UPON WRITTEN QUESTIONS., discovery, DVL, EMERGENCY MOTIONS, evidentiary hearing, EXPERT DECLARATIONS, EXPERT EVIDENCE, FACT EVIDENCE, foreclosure defense and offense, FORENSIC EVIDENCE, FORENSIC REPORTS, FORMS, Garfield Continuum, homeowners, interrogatories, investors, Mortgage, MOTION, MOTION TO COMPEL, MOTION TO DISMISS, motion to lift stay, NEIL GARFIELD, note, Notice of Default, Obligation, QUESTIONS OF FACT, QWR, REAL PARTY IN INTEREST, REMICS, REQUESTS FOR ADMISSIONS, REQUESTS TO PRODUCE, rescission, RESPA, securitization, securitized residential mortgages, splitting note from security instrument, standing, TEMPORARY RESTRAINING ORDERS, TILA, TILA audits, trustee, TRUSTEES, TRUSTS, workshop
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From Beth Findsen, Attorney in Scottsdale, AZ, she comments that ID Theft may just be the heart of the matter in seeking damages. The logic is simple: they used every borrower’s signature for selling a pool of loans that included OTHER borrowers and a huge undisclosed profit was generated by using the borrower’s signature. Without […]

Tags: Beth Findsen, borrower, failure to disclose?, fraudulent misrepresentation, ID Theft, identity theft, investors, Scottsdale, use of identifying information
Posted in Corruption, expert witness, Modification, securities fraud, Servicer |