REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of […]

Tags: agents, AGGREGATOR, consumer protection, contact information, creditor, foreclosure defense, legal notices, MERS, mortgage backed securities, mortgage loans, principal residence, Real Estate Settlement Procedures Act, Reg Z, resolve payment issues, RESPA, secured, statutory damages, TILA, violation
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

SEE The Economics and Incentives of Yield Spread Premiums and Credit Default Swaps March 23, 2010: Editor’s Note: The YSP/CDS paper is intentionally oversimplified in order to demonstrate the underlying economics of securitization as it was employed in the last decade. To be clear, there are several things I was required to do in order […]

Tags: borrower, credit, credit default swaps, credit worthy, creditor, damages, DEBTOR, Garfield, Garfield Continuum, identity theft, investment banker, Investor, Real Estate Settlement Procedures Act, remedies, TOXIC WASTE, Truth in Lending Act, yield, yield spread, yield spread premium
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

Whitley 3rd amended Complaint Whitley order on mtd Taylor Bean Thanks everyone for sending me the full text OF THE OPINION.  VERY IMPORTANT CASE. Appraisal fraud, negligence, fiduciary duty, traced up to Taylor Bean. The reasoning in the opinion is at treatise-level. This Illinois Case and the cases it cites opens the door for traveling […]

Tags: 12 U.S.C. § 2601, 15 U.S.C. § 1679b, 15 U.S.C. § 1691, 42 U.S.C. § 1981, 42 U.S.C. § 3605, Advance Lending Group, Bean, Blue Horizon Real Estate Corp., Cardenas, Civil Rights Act, Credit Repair Organizations Act, ECOA, Equal Credit Opportunity Act, Fair Housing Act, FHA, Ochoa, Ospina, Real Estate Settlement Procedures Act, RESPA, Taylor
Posted in bubble, Corruption, Eviction, securities fraud |