Courts and lawyers are continually ignoring the obvious. By zeroing in on the NOTE, they are ignoring the documents that allow the person in possession of the note to be in court. That results in elimination of critical elements of a prima facie case in which the Defendant borrower lacks the superior knowledge and resources […]

Tags: Assignment and ASsumption Agreement, borrowers, credit default swaps, holders of certificates, homeowners, insurance, investors, Pooling and Servicing Agreement, predatory loan, Prospectus, Servicer advances, table funded loans, Truth in Lending Act
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise […]

Tags: AMGAR, debt, foreclosure, homeowners, investors, Mortgage, note
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

Kudos again to Jim Macklin for sitting in for me last night. Excellent job — but don’t get too comfortable in my chair :). Lots of stuff in another mini-seminar packed into 28 minutes of talk. A big point made by the attorney guest Charles Marshall, with which I obviously agree, is don’t admit the […]

Tags: appraisal fraud, bankruptcy, borrower, disclosure, foreclosure, foreclosure offense, investors, Lender Liability, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

The issue is what are the elements of the loan contract? Who are the parties? And who can enforce it? I would agree that an overpayment at closing from the source of funds is rare. What is not rare and in fact common is that the wire transfer instructions that accompany the wire transfer receipt […]

Tags: acceptance, borrowers, closing table, consideration, contract law, debt, documentation, homeowners, investors, lenders, Mortgage, note, offer
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, Servicer |

  I was asked a question a few days ago that runs to the heart of the problem for the banks in enforcing false claims for foreclosure and false claims of losses that should really allocated to the investors so that the investor would get the benefits of those loss mitigation payments. This is the […]

Tags: and deed of trust, Donald Duck, investment banks, investors, loss mitigation, loss sharing, Mortgage, Pooling and Servicing Agreement, promissory note, Prospectus, third party payments
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. […]

Tags: CALIFORNIA, corruption of title, DEED OF TRUST, foreclosure, foreclosure auction rigging, George W. Mantor, investors, Mortgage, note, POLITICS, Wall Street Corruption
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

As regulators conclude their long investigation into the cloud of companies and the maze of paths of paperwork and money the real victims are being revealed. We know Pension funds got hit hard and are now underfunded strictly as a result of buying worthless mortgage bonds from investment bankers who promised them protection and transparency […]

Tags: credit unions, defective mortgages, investors, Morgan Stanley, regulators, unenforceable mortgages
Posted in Corruption, evidence, Modification, Motions, Pleading, securities fraud, Servicer |

It seems I stirred up a tempest with my blog this morning. My position is that applying generally accepted accounting principles and the accounting standards promulgated by the FASB, you must accept that Servicer advances are either a third party payment that reduces the account receivable of the creditor, or the advances are without effect […]

Tags: account payable, account receivable, FASB, gaap, generally accepted accounting principles, investors, Servicer advances
Posted in Corruption, evidence, Pleading, Servicer |

How did the banks get away with it? Bribery takes many forms. It doesn’t need to be a direct payment, but merely something of value to the regulator or law enforcement officer. In this case it is the hiring of children of banking regulators in China. There is no reason why we should think that […]

Tags: Assignment and ASsumption Agreement, fraud, investors, JPMorgan bribery, Ponzi scheme, Wall Street Banks
Posted in Corruption, Eviction, securities fraud |

  Now that Federal Reserve is nearly done buying the worthless mortgage bonds, the banks have shown that they are in fact making money hand over fist and the government is feeling less fearful about toppling the financial system with financial regulation. Based upon my interview with a highly placed well-informed source who prefers to […]

Tags: account receivable, borrowers, credit default swaps, Federal reserve, foreclosure sale, investors, mortgage bond insurance, mortgage bonds
Posted in Corruption, Eviction |