Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, […]

Tags: affidavit, AMIR EFRATI, Anthony Rondolino, assignment of mortgage, David Stern law firm, disclosure, Fla., Florida, foreclosure defense, Forrest McSurdy, fraud, fraud upon the court, GMAC Mortgage LLC, Harpster, HERS, Judge Lynn Tepper, Law Offices of David J. Stern, Lender Liability, securitization, St. Petersburg, Steve Dale, trustee, U.S. Bank, Wall Street Journal, Wells Fargo
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so […]

Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

See the thing about the arrogance of these non-bank and bank financial institutions is they are rushing to get under the wire before the truth is revealed: they are not the creditor and they never were. Send your debt validation letters and don’t let them sue without filing a motion to dismiss the same as […]

Tags: bailout, credit cards, disclosure, Federal reserve, fraud, Lender Liability, mortgage meltdown, pretender lender, securitization
Posted in bubble, Corruption, securities fraud |

Rule of Thumb: If they can’t execute a release or satisfaction of the mortgage, then they can’t foreclose. And if they did, it is reversible. Whistle-Blower: Banks Give Homeowners the Runaround “In our managers meeting, which can last eight or nine hours, we probably addressed mortgage modifications five minutes or less,” the banker said. Editor’s […]

Tags: ABC World News, creditors, DAVID MUIR, Diane Sawyer, foreclose, foreclosure defense, heavy caseloads, homeowners, judicial states, Mortgage, mortgage modification, non-judicial, release, satisfaction, securitization, securitized mortgages, Wells Fargo, Whistle-Blower
Posted in bubble, Corruption, Eviction, securities fraud |

USE THIS AS A GUIDE FOR DISCOVERY, FORENSIC ANALYSIS AND MOTION PRACTICE TO COMPEL DISCLOSURE see for this example SHARPS%20CDO%20II_16.08.07_9347 Comments in Red: THIS IS A PARTIAL ANNOTATION OF THE PROSPECTUS. IF YOU WANT A FULL ANNOTATION OF THIS PROSPECTUS OR ANY OTHER YOU NEED AN EXPERT IN SECURITIZATION TO DO IT. THERE ARE THREE […]

Tags: ANNOTATION, as Fiscal Agent, as Note Registrar, as trustee, bank of new york, BOND, Cayman Islands, Class A-1 Senior Secured Floating Rate Notes, Class A-2 Senior Secured Floating Rate Notes, Class A-3 Senior Secured Floating Rate Notes, Class B Senior Secured Floating Rate Notes Due, Class C Secured Deferrable Interest Floating Rate Notes, Class D-1 Secured Deferrable Interest Floating Rate Notes, Co-Issuer, Deed of Covenant, DEED OF TRUST, DELAWARE, DEUTSCHE BANK, Deutsche Bank AG, Deutsche Bank Aktiengesellschaft, DEUTSCHE BANK SECURITIES INC., Directive 93/22/EEC, exempted company, expert, Fiscal Agency Agreement, Inc., investors, Ireland, Irish Financial Services Regulatory Authority, Irish Stock Exchange, issuer, jurisdiction, limited liability, LLC, Member State of the European Economic Area, Moody's Investors Service, Mortgage, Motion Practice, New York Branch, NON-RECOURSE OBLIGATIONS, Offering Circular, operating agreement, promissory note, Prospectus, Prospectus Directive, RISK FACTORS", securitization, Senior Notes, Sharps CDO II Ltd, Standard & Poor's, the Trustee, Total Return Swap, total return swap transaction, TRS Counterparty, Trust Agreement, trustee, UNITED STATES
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Editor’s Note: to most Judges and most lawyers the thought that a home could be foreclosed by the wrong party, or that there could be a declaration of default on a satisfied mortgage, and that these things could lead to sale of a home by a bank or other party that doesn’t own it to […]

Tags: Bank of America, Beth Findsen, expert declaration, financial double jeopardy, Florida, forensic report, Golden gate Estates, Naples, Nyerges, recording, securitization, Tuan Van Ho
Posted in bubble, Corruption, Eviction, securities fraud |

Submitted by Charles Cox, apparently from public domain Article by Christopher Story to be published by Economic Intelligence Review conflict of interest inherent in the sponsor also serving as the servicer constitutes fraud and conversion. In the fourth place, in all ‘true-sale’, ‘disguised loan’ and ‘assignment’ securitisations where the Special Purpose Vehicle [SPV] is a […]

Tags: assignment, Charles Cox, Christopher Story, conversion, disguised loan, Economic Intelligence Review, fraud, RICO, Securitisation, securitization, tax evasion, true sale, usury
Posted in bubble, Corruption, Eviction, securities fraud |

Title: SECURITIZATION IS ILLEGAL. see Securitization is Illegal AUTHOR: MICHAEL NWOGUGU, Certified Public Accountant (Maryland, USA); B.Arch. (City College Of New York). MBA (Columbia University). Attended Suffolk Law School (Boston, USA). Address: P. O. Box 170002, Brooklyn, NY 11217, USA. Phone/Fax: 1-718-638- 6270. Email: datagh@peoplepc.com; mcn111@juno.com. Editor’s Note: I find this compelling. On the other […]

Tags: deceptive lending, Mortgage, note, Obligation, RICO, securitization, TILA, usury
Posted in bubble, Corruption, Eviction, securities fraud |

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |

Liening on NY homeowners TRUSTEE SAYS “Chase filed documents that appear to be patently false or misleading” As pointed out in this article, 95% of foreclosures are NOT scrutinized. This is why homeowners need to go to forensic analysts, experts and lawyers. Most people are walking away from homes they still own on the basis […]

Tags: Baum, Diana Adams, forensic analysis, JP Morgan Chase, Judge Robert E Gerber, NY POST, ownership of the mortgage, questionable assignments, Richard Wilner, securitization, Shaev and Fleischman, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |