From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a […]

Tags: 15 USC 1692, accounting, backdated, county records, credit report, creditor, Eaine B, Fair Debt Collections Practice Act, FDCPA, Foreclosure scams, forensic analysis, fraudulent scheme, HERS, Lance Olsen, MERS, Moral Hazard, Mortgage Electronic registration Systems, nominal party, non-judicial states, Northwest Trustee Services Inc, objections to sale, pretender lender, procedural, process serving company, Routh Crabtree Olsen, servicer, Stephen Routh, Substitute Trustee, Substitution of Trustee, title, title report, triple damages, TRUSTEES, undated, usa-foreclosoure.com, violation
Posted in Corruption, Eviction, expert witness, foreclosure mill, securities fraud, Servicer |

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them […]

Tags: "modification" agreement, BofA, Complaint to Quiet Title, David Streitfeld, delinquent, friendly quiet title action, LAWYER, modification, Mortgage, Obama, quiet title, servicer, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Here is where the foreclosure or mortgage analysts get separated — the ones who understand the process of securitization and the ones who don’t. I received this from a pro se litigant in a case where Wells Fargo identified itself as the creditor/lender (as usual, not true). In fact Wells denied that the […]

Tags: creditor, forensic analysis, Master Servicer, mortgages, Reconstituted Service Agreement, Service Agreement, servicer, Thornburg Mortgage Securities Trust 2006-5, Thornburgh, Thornburgh Mortgage Home Loans, Underwriter, Wells Fargo
Posted in bubble, Corruption, Eviction, securities fraud |

“Reducing the loan’s principal balance is more valuable because it lowers monthly payments and restores equity. Various studies show that having equity also reduces the likelihood of redefault on a modified loan. It’s not just the moral thing to do. It also would help avoid the spillover effects of the next expected round of defaults. […]

Tags: creditor, lender, mortgage modification, nominee, principal reduction, servicer
Posted in bubble, Corruption, Eviction, securities fraud |

NOW AVAILABLE ON KINDLE/AMAZON! So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting […]

Tags: attorney, experts, fees, LAWYER, legal representations, pretender lender, servicer
Posted in bubble, Corruption, Eviction, securities fraud |

MANY THANKS TO DAN EDSTROM Dan has put together a list which frankly I would like him to expand. Following the money means determining the party to whom you MIGHT owe money. It certainly isn’t the pretender lender and if you can fill in the blanks on this list you will be able to show […]

Tags: accounting, audit, borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, forensic review, fraud, lender, Lender Liability, mortgage note, securitization, servicer, servicing agent, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

QUESTION: 1.  A friend of mine let me see his papers he received from the Attorney’s office that’s the trustee for a bank that’s foreclosing on him.  One of the papers that sent was titled Allonge.  On the paper it says: PAY TO THE ORDER OF NEW CENTURY MORTGAGE COMPANY _______________________________________ without recourse Company Name:  […]

Tags: allonge, assignment, servicer
Posted in Eviction |

From: Whitman, Dale …. UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor’s Note: This is exactly what happened in a […]

Tags: assignments, authority, Dale Whitman, delivery of note, foreclosure defense, MERS, negotiable instrument, recording, servicer, subprime mortgages, UCC, Whitman
Posted in Eviction |

In the context of the Mortgage Meltdown-Securitization Frenzy, it just might be possible that most of the promissory notes issued by homeowners on refinancing or purchasing their homes are lost and destroyed. It might even be all of them. If that is the case, it can be argued that nobody is entitled to receive payments […]

Tags: assignments, Cayman Islands, foreclosrep, promissory note, servicer, structured investment vehicles, Taylor Bean, trustee, Wells Fargo
Posted in Eviction |