Patrick Giunta brought this article to my attention. He practices in South Florida and I co-counsel cases with him. Although there are some errors in facts and I have some differences of opinion with the writer, I think the article is a MUST-READ for anyone effected by “securitization” — especially foreclosure defense attorneys. If nothing […]

Tags: mortgages, privity of contract, promissory notes, securitization, splitting the notes and mortgages, UCC
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |

Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance […]

Tags: appraisal fraud, bailout, borrower, disclosure, foreclosure defense, foreclosure fraud, foreclosure offense, LOAN MODIFICATION, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Modification, Pleading, Servicer |

Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about […]

Tags: appraisal fraud, auction fraud, Bank of America, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure fraud, foreclosure offense, modification, predatory lending, securitization, Wells Fargo
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by […]

Tags: borrower, creditor, disclosure, escrow agent, foreclosure, foreclosure defense, foreclosure offense, LOAN MODIFICATION, predatory lending, securitization, TILA audit
Posted in Corruption, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

Kudos again to Jim Macklin for sitting in for me last night. Excellent job — but don’t get too comfortable in my chair :). Lots of stuff in another mini-seminar packed into 28 minutes of talk. A big point made by the attorney guest Charles Marshall, with which I obviously agree, is don’t admit the […]

Tags: appraisal fraud, bankruptcy, borrower, disclosure, foreclosure, foreclosure offense, investors, Lender Liability, securitization
Posted in Corruption, discovery, evidence, foreclosure defenses, Pleading, Servicer |

I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the “product” the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading — a term that is not understood […]

Tags: appraisal fraud, bailout, countrywide, disclosure, Fannie, foreclosure, foreclosure defense, foreclosure offense, FORECLOSURE SETTLEMENT, fraud, RESPA, securitization, TILA audit
Posted in Corruption, discovery, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

 The answer to that question is that probably nobody has the right to execute a satisfaction of mortgage. That is why the mortgage deed needs to be nullified. In the typical situation the money was taken from investors and instead of using it to fund the REMIC trust, the broker-dealer used it as their own […]

Tags: borrower, broker-dealer, co-obligors, disclosure, insurance, investment bank, Investor, securitization, TILA, trading, trust beneficiary, yield spread premium
Posted in Corruption, evidence, expert witness, foreclosure defenses, Modification, Pleading, securities fraud, Servicer |

World Savings Bank  was acquired by Wachovia Bank  which in turn was acquired by Wells Fargo.  We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank.  Now we have that information. And in a case of the right hand not aware of […]

Tags: authority to represent, REAL PARTY IN INTEREST, securitization, standing, Wachovia, Wells Fargo, World Savings Bank
Posted in Corruption, Eviction, evidence, expert witness, foreclosure defenses, foreclosure mill, Modification, Pleading, securities fraud, Servicer |

EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to […]

Tags: acceptance, assignment, Bench Book, consideration, debt, foreclosure defense, foreclosure defense workbook, Garfield Continuum, Judge Jennfier bailey, loan contract, Mortgage, mortgage transactions, note, note mortgage, offer, securitization, workbook
Posted in evidence, Modification, Motions, Pleading |

Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out […]

Tags: ABN AMRO, Access Mortgage, Citi, Citimortgage, CPCA Trust 1, docket, Fannie, First National, Freddie, Ginny, IRS AMNESTY, LaSalle bank, MERS, note holder, REMIC, securitization, VA
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, Motions, Pleading, securities fraud, Servicer |