Many Thanks to Max Gardner for this contribution: See  entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755 See Neil’s Abstract: judge-long-principal-must-be-disclosed See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped See what-do-these-case-decisions-mean US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, securitization, TILA audit, title issues, trustee, vacating order of foreclosure
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Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, Lender Liability, lenders, lost note, mortgage meltdown, predatory lending, rescission, securitization, TILA, trustee
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the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, rescission, securitization, trustee
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THANK YOU TO Deontos: This is regarding “Standing” to obtain “Relief from Stay”. Riegle concluded MERS lacks “standing”. Stay tuned on this ……. It might really wreak havoc on the MERS menace in Nevada. EXCERPTED CASE FILE: UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA * * * * * * In re ) Case No. […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, Lender Liability, Mortgage, predatory lending, rescission, RICO, securitization, TILA audit, trustee
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FROM OUR READER THANK YOU Gregory Montelaro: What is now beginning to surface are the losses attributed to the massive amount of fraud that mortgage originators created and passed on to Freddie Mac with two specific types of origination fraud know as “Double-Funding”, “Double Selling” or “Double Warehousing” fraud and Assignment Fraud. “Double-Funding” involves a […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, trustee
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FROM THE COMMENT SECTION THANK YOU ANDREW): I THINK HE’S GOT IT! There is no getting away from the fact that the lender is the investor and that anyone else whose name was inserted in the documentation did so not only without authority but as an intentional misrepresentation as part of a fraudulent scheme to […]

Tags: bankruptcy, borrower, disclosure, foreclosure, foreclosure defense, fraud, Lender Liability, Mortgage, predatory lending, rescission, securitization, trustee
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If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down. See also fraud-on-the-court-reversing-the-tide See also Judge Young:  federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan See also modification-fraud-the-latest-game-in-town   So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines […]

Tags: bailout, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, predatory lending, rescission, securitization, trustee
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Thank you Deontos Comment: I always thought TWO for the price of ONE was a GOOD thing. Everybody’s talking about the Kansas Appellate Decision? What about this one from Arkansas’s Supreme Court? Same issues, MERS and “black letter law” …. MERS **Lost** and the Arkansas Supreme Court cited the Landmark v KESLER Kansas Decision. ————————————————————— […]

Tags: bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization, trustee
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In order to revive securitization, taxpayers would have to absorb large risk. The social gains would be small, or perhaps even nonexistent. The best thing to do with the shattered Humpty-Dumpty of mortgage securitization would be to toss the broken pieces into the garbage. See Also Securitized Mortgages Are Illegal: Securitization Is ILLEGAL Should Mortgages […]

Tags: bankruptcy, borrower, credit, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, predatory lending, rescission, securitization
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Thanks to Nye Lavalle for this Submission Editor’s Note: Tacit Procuration Available in Most States. Watch those procedural requirements on reversing foreclosure. The main procedural points are first file to reverse the sale alleging fraud etc. Second, have a court reporter present at any hearing if you need to appeal. In addition whether it is […]

Tags: bankruptcy, borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization
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