Here it is. On August 28, 2009 the Supreme Court of the State of Kansas rendered an opinion based calmly on existing law and relentlessly applying it to the chagrin of all participants in the securitization scheme. This decision is being examined, cited, analyzed and applied all over the country. MERS was the appellant seeking […]

Tags: bankruptcy, borrower, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, Mortgage, predatory lending, quiet title, rescission, RESPA, RICO, securitization, trustee
Posted in bubble, Eviction |

In November of 2008, AIG answered a request from the SEC that requird them to explain the inner workings of Credit Default Swaps. While they appear to have finessed certain issues, this is the clearest glimpse of how it worked. There are several classes of transactions but each of them involves some “delivery” of the […]

Tags: bailout, bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, securitization, trustee
Posted in Eviction |

From Kevin A McKenna. A very good explanation about MERS and nominees. Note especially the reference to creating two entities to exercise collection and foreclosure instead of one thus reinforcing the argument of financial double jeopardy. The MERS deed would therefore be void, as he says. Thus there would be no security, probably no note […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, lost note, Mortgage, mortgage meltdown, quiet title, securitization, trustee
Posted in bubble, Eviction |

Pretender Lenders — read and weep. Game Over. Over the next 6-12 months the entire foreclosure mess is going to be turned on its head as it becomes apparent to even the most skeptical that the mortgage mess is just that —  a mess. From the time the deed was recorded to the time the […]

Tags: bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, lost note, mortgage meltdown, predatory lending, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud, Servicer |

April 24, 2009 Tracking Loans Through a Firm That Holds Millions By MIKE McINTIRE Judge Walt Logan had seen enough. As a county judge in Florida, he had 28 cases pending in which an entity called MERS wanted to foreclose on homeowners even though it had never lent them any money. MERS, a tiny data-management […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, lost note, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

The big deal is that it is ONLY the holder in due course who is allowed in court to make claims or enforce any rights regarding the mortgage and note. No servicer (e.g. Countrywide), administrator (e.g. MERS), or trustee has any right to do a judicial or non-judicial foreclosure because they are not the holder […]

Tags: borrower, countrywide, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, lenders, mortgage meltdown, predatory lending, quiet title, rescission, RESPA, securitization, TILA, trustee
Posted in Uncategorized |

We are receiving numerous reports of “vulture” investors picking up MBS securities and where possible buying actual pools of mortgages for 8-10 cents on the dollar. The basic assumptions are two: (a) the securities and the mortgages, notes and obligations are worthless and (b) the government guarantees and willingness of borrowers to “modify” will result […]

Tags: bailout, borrower, Federal reserve, foreclosure defense, foreclosure offense, lenders, mortgage meltdown, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

What is good for the goose is good for the gander. After months of wrangling with the obvious due process issues invovled in allowing a Trustee on the Deed of Trust to send a Notice of Default, Notice of Default and to file an eviction (unlawful detainer), it has occurred to me that the reasoning […]

Tags: audit, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lenders, lost note, Mortgage, predatory lending, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

FLORIDA GETS PECULIAR AGAIN: It was about 40 years ago that a decision out of a Florida court or a statute passed by the Florida legislature was taken to mean nothing in terms of precedent or national law. After that they passed many laws and created many court decisions that served as models for the […]

Tags: constitution, due process, Florida, foreclosure defense, lawyers, legislature, lenders, Republican
Posted in Corruption, Eviction |

We are still in process of revising our manuscript for publication with all the forms we can think of. Here is a  summary of our findings thus far. Generally we have two types of jurisdictions — the non-judicial sale jurisdictions and the mortgage foreclosure jurisdictions. California, Arizona and Nevada are non-judicial sale jurisdictions as are […]

Tags: attorneys, auditors, bankruptcy, Chapter 13, forcible detailer, foreclosure defense, judicial sale, lenders, mortgage brokers, NON-JUDICIAL SALE, notice to quit, notice to vacate, rescission, Sheriff, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |