Based on the totality of the circumstances, the Court concludes that CashCall, not Western Sky, was the true lender. CashCall, and not Western Sky, placed its money at risk. It is undisputed that CashCall deposited enough money into a reserve account to fund two days of loans, calculated on the previous month’s daily average and […]

Tags: borrower, CashCall, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, INDIVIDUALY LIABILITY OF OFFICERS OF LENDERS, PREDOMINANT INTEREST, securitization, single transaction, step transaction, substance over form, true lender, usury
Posted in Uncategorized |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Many questions are piling in as lawyers start to drill down into the whole securitization scheme. The COMBO helps; yet in order to properly present the case in court you need to understand more than just your transaction. When I started the blog, […]

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, single transaction, step transaction, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It is comforting to know that at least some people are paying attention. From one of the largest servicers in the country comes an admission that securitization of mortgage loans was an illusion. The facts alleged by AHMSI  in its lawsuit […]

Tags: AHMSI, bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, LPS, modification, perfected lien, quiet title, rescission, RESPA, securitization, single transaction, step transaction, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |

FROM ANONYMOUS, MY FAVORITE CONTRIBUTOR 🙂 EDITOR’S NOTE: I would be better off and so would our readers if I could be as succinct in my writing as Anonymous. Somehow it always takes me longer to say what he does in a few sentences. Use HIS version instead of mine whenever possible. My version is […]

Tags: anonymous, BOND, Mortgage Loan Purchase Agreement, note, Obligation, Repurchase, single transaction
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Motions, Pleading, securities fraud, Servicer |

In the homeowner’s war, the battlefield is taking shape, A prime area of engagement is whether the securitization process represents a series of independent transactions (lender’s position) or that all the transactions should be aggregated (BORROWER’S POSITION) and treated as a single transaction. For reasons explained more fully below, it is our opinion that the […]

Tags: binding commitment test, end result test, foreclosure defense, interdependence test, seminar, single transaction, step transaction doctrine, worshop
Posted in Eviction |

AS YOU CAN SEE FROM THE NEWEST ENTRIES TO GARFIELD’S GLOSSARY, WE HAVE PIECED TOGETHER THE REASONS FOR THE METEORIC RISE IN LOST NOTES. WE ARE FAST ARRIVING AT THE CONCLUSION THAT FATAL DEFECTS IN THE LOAN UNDERWRITING AND SECURITIZATION PROCESS HAVE EVISCERATED THE SECURITY PROVISIONS OF THE MORTGAGE AND THE OBLIGATIONS UNDER THE NOTE. […]

Tags: DESTROYED NOTE, EARLY AMORTIZATION EVENT, foreclosure defense, lost note, NOMINAL LENDER, rescission, single transaction, SPV, TOXIC WASTE
Posted in Eviction |

Taking the entire Mortgage Meltdown process as a single transaction starting with the origination of the loan to the borrower and ending with the sale of an asset backed security to an investor, a pattern of deception and confusion emerges — providing the borrower with an arsenal of offensive and defensive strategies to avoid foreclosure, […]

Tags: appraisals, FDIC, Fitch ratings, foeclosure defense, Lender Liability, Moody's Investor Service, mortgage meltdown, rating agencies, single transaction, Standard & Poor's
Posted in Uncategorized |