I was recently requested to review a 6th Circuit Opinion in which the court stated that the rescission was barred by res judicata — i.e. that the matter had already been litigated and that the homeowner was therefore barred from bringing it up again.  * The Court never considered that it was wrong in the […]

Tags: 15 USC §1635 et seq, 20 days, 6th Circuit, foreclosure defense, foreclosure offense, jesinoski, Moral Hazard, operation of law, rescission, subject matter jurisdiction, VOID
Posted in Uncategorized |

See Financial Times for full article Editor’s Comment: Barofsky’s characterization of the Geithner doctrine is accurate and appalling at the same time. The decision was made across the board that the stability and illusion of financial health on Wall Street was and is more important than anything else is what led to a prolonged recession […]

Tags: Banana republic, Banking industry, Moral Hazard, Neil barofsky, POLITICS, regulation, regulators, Tim Geithner
Posted in bubble, Corruption, Eviction, securities fraud |

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 […]

Tags: AG Horne, asset price bubbles, asymmetry of information banks used to leverage against borrowers, attorney general, AZ AG Tom Horne, borrower, bostonfed.org, Christopher L Foote, compare the tobacco settlement to the foreclosure settlement, corrupt title system, credit bids, credit bids from non-creditors, criminal actions against banks and services, Darrell Blomberg, deeds on foreclosure, design policies, Economists, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, FORECLOSURE SETTLEMENT, Foreclosure Strategist, foreclosures, homeowners tricked, Kristopher S Gerardi, Moral Hazard, Mortgage, mortgage bonds, mortgage fraud, mortgage meltdown, mortgages, Paul S Willen, predatory lending, public policy discussion paper no. 12-2, racketeering of banks and services, reckless disregard, securitized loans, settlement, sham auctions, sham transactions, The causes of the foreclosure crisis, theft of investor money, TILA, Tom Horne, uninformed mortgage borrowers, unscrupulous bankers, wild deeds
Posted in Uncategorized |

There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

see Magnetar%20Mortage%20Recovery%20Backstop%20Whitepaper%20Jun09.pdf Magnetar Mortage Recovery Backstop Whitepaper Jun09 Two things jump out at me with this paper from June, 2009. First it is obvious that the “real money” investors are defined as those seeking low risk and willing to take lower yield. The fact that they are called “Real Money Investors” underscores my point about […]

Tags: "true" fair market value, borrower, creditor, DEBTOR, fair market value, HERS, identity of the creditor, infrastructure, Investor, Magnetar, Moral Hazard, mortgage backed securities, mortgage modification, principal reduction, real money, real money investors, REAL PARTY IN INTEREST, recovery, risk, status quo, whitepaper, yield
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a […]

Tags: 15 USC 1692, accounting, backdated, county records, credit report, creditor, Eaine B, Fair Debt Collections Practice Act, FDCPA, Foreclosure scams, forensic analysis, fraudulent scheme, HERS, Lance Olsen, MERS, Moral Hazard, Mortgage Electronic registration Systems, nominal party, non-judicial states, Northwest Trustee Services Inc, objections to sale, pretender lender, procedural, process serving company, Routh Crabtree Olsen, servicer, Stephen Routh, Substitute Trustee, Substitution of Trustee, title, title report, triple damages, TRUSTEES, undated, usa-foreclosoure.com, violation
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

SEE ALSO BOE PAPER ON ABS DISCLOSURE condocmar10 If the Bank of England wants this information, how can this court deem it irrelevant? NOTE: BOE defines investors as note-holders. information on the remaining life, balance and prepayments on a loan; data on the current valuation and loan-to-value ratios on underlying property and collateral; and interest […]

Tags: ABS Disclosure, arrangement, asymmetry of information, balance, Bank of England, bankruptcy, BEAR STEARNS, cash-flow waterfalls, countrywide, Credit Suisse, current rate, current valuation, David J. Grais, default, delinquent, descriptions, Deutsch Bank, diagrams, discovery, event, Federal Home Loan Bank of San Francisco, foreclosure, fraudulent activity, Grais and Ellsworth, Gretchen Morgenstern, interest rate, levels, LITIGATION, loan-to-value ratio, loss on sale, Merrill Lynch, Moral Hazard, mortgage backed bonds, mortgage backed securities, New York Times, noteholders, performing, portfolio, prepayments, profit on sale, qualified written request, remaining life, RMBS, sale price, subportfolio, total recoveries, triggers, value of payments in arrears
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

    Insider Joins Critics of the Fed,  Faulting Credit-Crisis Programs Richmond’s Lacker  Amplifies Volcker;  Moral Hazard Fears By GREG IP June 6, 2008; Page A3 In a striking insider’s critique, a Federal Reserve policy maker said lending programs the central bank has created to combat the credit crisis distort private markets, encourage risky behavior and could endanger […]

Tags: bailout, Dow Jones, Fed, Lacker, Moral Hazard, WSJ
Posted in Eviction |