The big deal is that it is ONLY the holder in due course who is allowed in court to make claims or enforce any rights regarding the mortgage and note. No servicer (e.g. Countrywide), administrator (e.g. MERS), or trustee has any right to do a judicial or non-judicial foreclosure because they are not the holder […]

Tags: borrower, countrywide, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, lenders, mortgage meltdown, predatory lending, quiet title, rescission, RESPA, securitization, TILA, trustee
Posted in Uncategorized |

As reported in the Florida Bar News dated March 1, 2009, The Supreme Court of Florida has received a petition to require foreclosure mediation. The article by Mark D Killian, managing editor states “Contending that prejudgment mediation could save more than 130,000 Florida homes from foreclosure  and assist more than 360,000 borrowers,” the plan is […]

Tags: borrower, foreclosure, foreclosure defense, foreclosure offense, Lender Liability, mortgage meltdown, RESPA, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

it follows that the investors are the ONLY parties with standing to make any claim on the mortgage, note or obligation. But they won’t make that claim because of the exposure to risk that could leave them with even more loss than the current loss on their investment. This leaves trillions of dollars in unclaimed […]

Tags: bailout, borrower, countrywide, disclosure, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, fraud, mortgage meltdown, rescission, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud |

“Our position is that the mortgage with IndyMac is toilet paper — it has no legal standing,” March 8, 2009 Mortgage Fraud Case Poses Federal Quandary By MICHAEL POWELL Waver Brickhouse, gray-haired and soft-spoken, has come undone twice during the nation’s housing crisis. In 2005, she fell behind on her mortgage payments and turned to […]

Tags: borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud |

Submitted by a gifted pro se litigant. See Comments. My only comment before quoting his comment (editor’s discretion) is that the obligation to perform due diligence is present in all cases, in all courts and in all legal procedures. Failure to do so will negate any attempted action once it is pointed out by the […]

Tags: borrower, foreclosure, foreclosure defense, foreclosure offense, quiet title, securitization
Posted in Eviction, Modification, securities fraud |

From one of our more sophisticated readers. see Comments ——————————- Obviously there are a lot of home owners in trouble. You need to warn them of a trap that has been set for them. I’ve given you some information concerning my case, but I would appreciate 5 minutes of “talk time” at your convenience. The […]

Tags: bailout, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

We are receiving numerous reports of “vulture” investors picking up MBS securities and where possible buying actual pools of mortgages for 8-10 cents on the dollar. The basic assumptions are two: (a) the securities and the mortgages, notes and obligations are worthless and (b) the government guarantees and willingness of borrowers to “modify” will result […]

Tags: bailout, borrower, Federal reserve, foreclosure defense, foreclosure offense, lenders, mortgage meltdown, predatory lending, rescission, securitization
Posted in Corruption, Eviction, Modification, securities fraud |

Greetings! I hope you like our new look. Our team has been working on producing a more user friendly atmosphere and the work continues. I hope you like it. More improvements are coming. 3/2/09 Bailouts are going to the perpetrators rather than the victims. The mystery deepens as to where all this money went and […]

Tags: bailout, borrower, credit crisis, disclosure, foreclosure defense, foreclosure offense, Mortgage, predatory lending, securitization
Posted in Eviction, Modification, securities fraud |

I am a lawyer in Georgia and it has been my experience in Georgia the lender will move the court to modify the rescission procedure by having you tender the money into the court registry (15 USC 1635(b)) within a specified amount of time., usually 6 months. The mortgage will only be removed after this […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, TILA audit
Posted in Eviction, Modification, securities fraud |

submitted by NY Interestingly, with the exception of Judge Bufford and a few other judges, there has been less than adequate focus upon the UCC title issues. The next round of cases may and should focus upon the title to debt instrument. The person seeking to enforce the note must show that: (1) It is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, predatory lending, securitization, trustee
Posted in bubble, Corruption, Eviction, Modification, securities fraud |