now available on kindle/amazon! Bank and Regulators neglect-and-inaction-7-10-09-final IndyMAc Bank FSB. v Yano-Horosky Nevada Law Practical RP Issues VIDEO: Preparing for Hyper Inflation People (including lawyers cross-examining me as an expert witness) ask “How do you know that?” Or sometimes they will ask “How do you know you’re right?” My answer is that it’s not […]

Tags: amazon, banks, demand deposit accounts, depository, extinguishment of obligation, invalidation of mortgages, invalidation of notes, kindle, mortgage meltdown, regulators, securitization, speculation, Wall Street
Posted in bubble, Corruption, Eviction, securities fraud |

“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?” In cases that are dismissed based on these arguments, foreclosure […]

Tags: April Charney, default, Florida, foreclosure defense, foreclosure offense, Jacksonville Business Journal, Jose Semedey, Kimberly Morrison, negotiable instrument, pretender lender, produce the note, quiet title, real lender, securitization, transfer of ownership
Posted in bubble, Corruption, Eviction, securities fraud |

NOW AVAILABLE ON KINDLE/AMAZON WHY THIS IS IMPORTANT TO FORECLOSURE DEFENSE AND OFFENSE: OK I know the last thing you want to hear is how complex this scheme was. But if you can get over the intimidation factor, you will see how the lawsuits filed by individual homeowners, attorney generals, and class actions are picking […]

Tags: AAA rating, borrower, disclosure, Fitch, foreclosure defense, foreclosure offense, fraud, Lender Liability, McGraw Hill, Moody's, ohio police and fire pension fund, Ohio Public employment retirement System, rating agencies, rescission, SEC, Securities and Exchange Commission, securitization, Standard & Poor's, Trile-A, underwriting standards
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Government officials, perhaps influenced by spending too much time with bankers, forgot that if you want to govern effectively you have retain the trust of the people. And by treating the financial industry — which got us into this mess in the first place — with kid gloves, they have squandered that trust. During the […]

Tags: AIG, bailout, disclosure, Federal reserve, foreclosure defense, foreclosure offense, illusion of financial soundness, Krugman, mortgage meltdown, Ny Times, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

NY JUDGES ROCK — IndyMAc Bank FSB. v Yano-Horosky Indymac Bank F.S.B. v Yano-Horoski 2009 NY Slip Op 52333(U) Decided on November 19, 2009 Supreme Court, Suffolk County Spinner, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Horoski, INDYMAC, Mortgage, predatory lending, quiet title, securitization, vacating foreclosure sale, Yano
Posted in bubble, Corruption, Eviction, securities fraud |

AVAILABLE ON KINDLE/AMAZON You can use this information by establishing “probable cause” in the mind of the Judge or jury right off the bat — we know they lied to investors, are we now supposed to believe they told the truth to the homeowners? This is the kind of news article buried deep into a […]

Tags: auction rate securities, borrower, credit default swaps, disclosure, foreclosure defense, foreclosure offense, fraud, Investor, mortgage backed securities, securitization, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

AVAILABLE ON KINDLE/AMAZON Editor’s Note: While the media, Wall Street and government sources try to placate us, there are inescapable truths right now and inescapable consequences right around the corner. Other than people who own their home outright or who are relatively close to that point, nearly every homeowner in America has several problems: (1) […]

Tags: borrower, delinquencies, foreclosure defense, foreclosure offense, home prices, LOAN MODIFICATION, median income, Mortgage, mortgage meltdown, Ny Times, securitization, short sales, voluntary abandonment
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: In this article you have the nub of the problem for the investors, for the foreclosers, for the pretender lenders. What did the taxpayer actually pay for and what did they get for it? And if the money all went to pay off credit default swaps at 100 cents on the dollar then […]

Tags: AIG, audit, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Geitner, Lender Liability, mortgage meltdown, NY Fed, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

And probably people “of the cloth” from all denominations. We are a nation of faith. Jesus angrily drove the money lenders out of the temple. How can we stand by and allow the borrowers to be driven out of their homes? The fact is most of these victims were hunted down like a foxhunt, with […]

Tags: Apostle Garay, bailout, Bank of America, borrower, countrywide, disclosure, Florida, foreclosure defense, foreclosure offense, Jacobson, mortgage brokers, mortgage meltdown, securitization, subprime loans, The Atlantic
Posted in bubble, Corruption, Eviction, securities fraud |

all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the […]

Tags: chain of title, disclosure, evidence, foreclosure defense, foreclosure offense, fraud, investors, lenders, MERS, Obligation, securitization, Signatures, trustee
Posted in bubble, Corruption, Eviction, securities fraud |