Archives by Tag ' lost note '
STRAIGHT OFF THE NET THANKS TO READER ALLON HILL IS THE NAME OF THIS PARTICULAR COMPANY. I’M SURE THERE ARE DOZENS OF OTHERS. Assignment Recording Residential or commercial, Agency or private delivery, Allon Hill offers a complete menu of mortgage assignment services. In the past 14 years, Allon Hill has prepared and recorded over 5 […]
securities consultant says Merrill Lynch knew or should have known the securities they brought to market where overrated (From her website: “She wrote the first letter the SEC posted in February 2007 in response to its proposed rules for the credit rating agencies; she made the case that the NRSRO designation for the rating agencies […]
940 F.Supp. 512) United States District Court, E.D. New York. [11] This Court must apply New Mexico substantive law because the Modification Agreement provides that New Mexico law will govern any dispute arising thereunder. See Compl.Ex. E P 27, at 23. In this regard, “[f]ederal courts sitting in diversity cases will, of course, apply the […]
From FAQ new entry: > Comment: > I meant to ask this question in my post… > > Our refinance in May 06 paid off the previous mortgage. I did not receive my original note back from my previous lender. I believe a lender is liable for any assigned loan, and I have read articles […]
Validating the strategies we have been promoting here, the latest is a Miami woman with a $100,000 mortgage. After years of struggle in foreclosure, Legal Aid got her a settlement: No mortgage, no note and a reverse mortgage, which means they gave her money to at least pay off the balance. Why? Because if they […]
From a mortgage auditor/contributor: CONTACT: mortgagefrauds@aol.com In July 2005, I met with the FTC staff attorneys in Washington, D.C. who investigated and prosecuted Fairbanks Capital Corp. In connection with the Fairbanks investigation, a former client [Michael Dillon, Manchester, NH] had supplied the FTC with an audit I had performed of his FCC-serviced loan which, I know, the […]
AS YOU CAN SEE FROM THE NEWEST ENTRIES TO GARFIELD’S GLOSSARY, WE HAVE PIECED TOGETHER THE REASONS FOR THE METEORIC RISE IN LOST NOTES. WE ARE FAST ARRIVING AT THE CONCLUSION THAT FATAL DEFECTS IN THE LOAN UNDERWRITING AND SECURITIZATION PROCESS HAVE EVISCERATED THE SECURITY PROVISIONS OF THE MORTGAGE AND THE OBLIGATIONS UNDER THE NOTE. […]
AFFIRMATIVE DEFENSES TO FORECLOSING PARTY’S CLAIM OF “LOST NOTE” A common thread which is emerging in foreclosure cases is the claim of the plaintiff (a/k/a the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file a Affidavit as to the lost note and mortgage in […]
Based upon the following, and assuming that the the entire single transaction from sale of the ABS to “sale” of the loan to the borrower consists of a basket of securities, some of which should have been registered, had a prospectus, right to rescind, etc., and based upon the disclosure requirements of public companies who […]
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