SECURITIZATION If They Did It Right Sometimes it IS easier to prove a negative than a positive. Your opposition has far more facts than you do and in due process, should be required to prove them up into a prima facie case using real evidence from competent witnesses, with real documents that nobody played with […]

Tags: business records, CLOSING WITH BORROWER, CLOSING WITH INVESTORS, CLOSING WITH SECURITIZATION PARTICIPANTS, evidence, prima facie case, securitization, SUBROGATION, SUCCESSORS IN INTEREST, third party payments
Posted in foreclosure mill, Modification, securities fraud |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP MAY 23-24 PRINCIPAL REDUCTION IS A RIGHT NOT A GIFT. IF THE OBLIGATION HAS BEEN PAID BY THIRD PARTIES, THEN THE OBLIGATION HAS ALREADY BEEN REDUCED. THE ONLY FUNCTION REMAINING IS TO DO THE ACCOUNTING. ” There should be no doubt in your mind now that virtually […]

Tags: accounting, allocation of payments, and advances, Bank of America, CALIFORNIA, creditor, delinquency status, discovery, foreclosure suit, foreclosures, Goldman Sachs, Hagens Berman Sobol Shapiro, INVESTORS TAKE NOTE, Notice of Default, Notice of Sale, Obligation, payments, pool, principal reduction, profits, sale to investors, SEC, SPV pools, Steve Berman, TARP, TARP regulations, third party payments, undisclosed fees
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

And THAT is why you are entitled to compel discovery, compel answers to your QWR, DVL and other requests. If the losses were not real, if the pools were marked down solely on the say-so of the financial institutions that created them, if the default rate was really much lower than the declared defaults, if […]

Tags: accounting, Alistair Barr, AMbac, default, HERS, illusory losses, John Spence, MarketWatch, mortgage backed securities, pretender lenders, price-earnings ratio, principal reduction, sham financial transactions, third party payments
Posted in Corruption, Eviction, securities fraud |

Upon finding that a portion of those payments should be applied to the subject loan, the declaration of default would be invalid because it would either be wrong inasmuch that the third party payments would at least be prepayments of future monthly payments, or wrong because the third party payments reflected an inaccurate accounting of […]

Tags: accounting, adversary, bankruptcy, credit default swaps, creditor, Federal Bailout, foreclosure, insurance, schedules, secured claims, securitized mortgage, third party payments, unsecured creditors
Posted in bubble, Corruption, Eviction, expert witness, securities fraud, Servicer |

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION – ESSEX VICINAGE ——————————————————————X                Civil Action Deutsche Bank National Trust Company, As Trustee Of Argent Securities, Inc. Asset Backed Pass Through Certificates, Series 2004-PW1 Docket Number: XXX REQUEST FOR INTERROGATORIES Plaintiff(s), vs. XXX; John Doe, Husband Of XXX                                                                            XXX Avenue Rosedale, NY 11422 Defendant(s)/Pro Se ——————————————————————X REQUEST FOR […]

Tags: ability to pay, accounting records, Ameriquest Mortgage Company, Appraisal, Argent Mortgage company, Assignment and ASsumption Agreement, certificate holder, Depositor, Deutsch Bank, disocvery, Essex County, forensic analysis, FRCP 34(a), interrogatories, Master Servicer, National Trust Company, originator, pooling, PSA, receipt of money, Servicing, Tamara Price, third party payments, underwriting
Posted in bubble, Corruption, Eviction, securities fraud |

See Judge Long’s Decision – Make sure you shepardize 384283_Ibanez Larace motion to vacate memorandum Oct2009Misc 384283 and Misc 3867551 when a foreclosure is noticed and conducted for one party by another, the name of the principal must be disclosed in the notice. the plaintiffs themselves recognized that they needed assignments in recordable form explicitly […]

Tags: accounting, agent, ARIZONA, authorized agent, creditor, disclosure, discovery, financial double jeopardy, foreclosure defense, HOLDER, holder in due course, Ibanez, Judge Long, Larace, Massachusetts, mediation, modification, Ohio, pretender lender, principal, right to inquire, rules of engagement, third party payments, vacate
Posted in bubble, Corruption, Eviction, securities fraud |