1. In another Ohio ruling on November 14th, State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”. Read the ruling /files/89778-78388/Deutsche_Bank_Foreclosure_Ruling.pdf”>Deutsche Ruling, we reported on the Judge Boyko decision in which he dismissed 14 Deutsche Bank foreclosures and then was followed up by Judge Rose throwing out another 27 […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, quiet title, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

LOOK CAREFULLY AT EXHIBITS CONTAINING MERS ADVERTISING TO LENDERS LOOKING TO TRANSFER NOTES AND MORTGAGES see mers-membership-information-reveals-index-to-securitization-and-investors-allegation-that-mers-is-authorized-or-even-nominal-beneficiary-is-false washington-state-buse-vs-first-american-title-greenpoint-rescomm-mers-amended-complaint-well-written-look-carefully-at-exhibits-containing-mers-advertising-to-lenders-looking-to-tra mers-explained-by-aurora-lawyers exhibits-motion-and-temp-restraining-order-granted From the attached amended complaint. That Deed of Trust (“DOT”) contained a false representation on its face when it represented that Defendant MERS was a beneficiary under the DOT. Paragraph (E) States that “MERS is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, MERS, Mortgage, predatory lending, quiet title, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Gump59 – Why buy performing mortgages? If they are producing income for their owners, why wouldn’t they be held onto? > ANSWER: You’d buy a performing mortgage if you thought that you were buying it at a bargain, guaranteed with Triple AAA rating. If you buy a mortgage note that has a principal balance due […]

Tags: audit, bailout, bankruptcy, borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, mortgage meltdown, securitization
Posted in bubble, Corruption, Eviction, securities fraud |

See also provident-bank-v-silverman-super-duper-explanation-of-ucc-transferres-holders-and-holders-in-due-course-and-perfecting-title-to-note-or-mortgage  KISS – Keep It Simple Stupid Totaled Cars and Totaled Mortgages – Credit Default Swaps – CDS – 101 By Brad Keiser OK this article is for those newer readers and tenured Livinglies devotees as well as those who have attended Al Pacino’s(oops I mean Neil Garfield’s ) workshops and are not […]

Tags: borrower, brad keiser, credit, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Eviction, securities fraud |

Credit Card Companies Willing to Deal Over Debt Bank of America says it eased off on more than 700,000 credit card holders in 2008, lowering interest rates and some balances. By ERIC DASH Published: January 2, 2009 Hard times are usually good times for debt collectors, who make their money morning and night with the […]

Tags: borrower, Chapter 13, credit, disclosure, fraud, lender, Lender Liability, lost note, predatory lending, RESPA, RICO, securitization, TILA, TILA audit
Posted in bubble, Corruption, securities fraud |

Would You Pay $103,000 for This Arizona Fixer-Upper? That Was Ms. Halterman’s Mortgage on It; ‘Unfit for Human Occupancy,’ City Says By MICHAEL M. PHILLIPS AVONDALE, Ariz. — The little blue house rests on a few pieces of wood and concrete block. The exterior walls, ravaged by dry rot, bend to the touch. At some […]

Tags: borrower, credit crisis, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, mortgage meltdown, quiet title, rescission, RESPA, RICO, securitization, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

The complete Trustee powers from a standard Pooling and Servicing agreement: Section 8.01 Duties of the Trustee. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth […]

Tags: borrowers, disclosure, foreclosure defense, foreclosure offense, lender, lost note, Mortgage, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

1. It isn’t illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default — but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities: (a) under […]

Tags: borrower, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The “lenders’ are holding nothing but worthless or at best questionable paper. As soon as you sign a modification you are validating a debt that you most likely don’t have anymore or at worst have substantial offsets against and you are validating a security instrument (mortgage) that was destroyed in the securitization process. Check with […]

Tags: borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, mortgage meltdown, quiet title, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

All the resources cited herein are available on this blog Miami Florida Personal Bankruptcy Law Blog Chapter 7, 13, and 11 Florida Bankruptcy Law by Miami Florida Bankruptcy Lawyer Jordan E. Bublick Sunday, December 21, 2008 “Securitization Facilitated Predatory Lending” Professor Kenneth C. Kettering of the New York Law School recently reviewed the legal foundations […]

Tags: borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, quiet title, rescission, securitization, TILA audit
Posted in Corruption, Eviction, securities fraud |