If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick […]

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

Makes for very good reading. Shows that the advent of low-doc and non-doc loans were, as epected, sure to result in higher delinquencies. As we have pointed out before here, that was the point — to get loans that were sure to go into default. That was the only way they collect the “insurance” (credit […]

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

By Walter Hackett, Esq. The federal government has trumpeted its Home Affordable Modification Program or “HAMP” solution as THE solution to runaway foreclosures – few things could be further from the truth.  Under HAMP a homeowner will be offered a “workout” that can result in the homeowner being “worked out” of his or her home.  […]

Tags: audit, bailout, bankruptcy, borrower, brad keiser, credit, credit crisis, depression, Eviction, FDG, Federal Bailout, foreclosure, foreclosure defense, Foreclosure Defense Group, foreclosure offense, foreclosures, fraud, HAMP, lawyers, Lender Liability, Loan Mod, LOAN MODIFICATION, lost note, Mortgage, predatory lending, quiet title, rescission, RESPA, RICO, TILA audit
Posted in Uncategorized |

By Brad Keiser For those of you who have been to our seminars, (coming to Southern California next month) You have heard me ask about Hank Paulson and Ben Bernanke…”Are they stupid or were they lying when they said everything was OK through out all of 2007 and most of 2008?” You have seen and heard why Neil and I declare […]

Tags: bailout, borrower, borrowers, brad keiser, Chapter 13, countrywide, credit, credit crisis, depression, disclosure, Federal reserve, foreclosure, foreclosure defense, foreclosure offense, foreclosures, lawyers, lender, Mortgage, mortgage meltdown, Paulson, predatory lending, quiet title, rescission, RESPA, securitization, TILA, TILA audit, TILA rescission, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Another example of why a TILA audit is grossly inadequate. A forensic audit is required covering all bases. Although dated, this article picks up on a continuing theme that demonstrates the title defect, the questionable conduct of pretender lenders and the defects in the foreclosure process when you let companies with big brand names bluff the […]

Tags: borrower, countrywide, disclosure, foreclosure defense, foreclosure offense, fraud, rescission, RESPA, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Don’t get misled by titles. The wording of the statute clearly uses “verification” not validation. Verification generally means some sworn document or affidavit. This means when you contest the debt under FDCPA (in addition to sending a QWR) the party who is supposedly collecting or enforcing the debt has a duty to “obtain verification”. And […]

Tags: bankruptcy, borrower, credit, disclosure, FDCPA, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, securitization, TILA audit, trustee
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

Even before he defaulted on a rental property, Vladimir Diaz of Broward County started “to educate myself” with information he found on the Livinglies Web site. So he knew how to challenge IndyMac Bank when it filed a notice of foreclosure even though it didn’t own the loan “note” — the borrower’s obligation to repay. […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, predatory lending, rescission, securitization, TILA audit
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |

A FEW THOUGHTS ON THE ATTACHED AND SOME CONCLUSIONS: COUNTRYWIDE – E-LOAN LOAN PURCHASE AGREEMENT THE MANUAL: I have heard about the MANUAL from several sources but never seen it. This reminds me of another banking practice where the national and regional credit and debit card networks refer to the rules and regulations governing electronic payments […]

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

Editor’s Note: The reason they “lost” the note is that it was a strategic decision to claim they lost it. There is a procedure for re-establishing a lost note and until recently the rules were extremely loose — because back in the days when those rules were established you had two parties (the borrower and […]

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

Editor’s Note: The opinionators at NY Times have it right in their description but wrong in their prescription. The reality is that nearly all securitized mortgage loans are worthless and unenforceable. The marketplace seems to know that — with “mortgage-backed securities” (that are not backed by anything in reality) selling at 3 cents on the […]

Tags: borrower, disclosure, foreclosure defense, fraud, Lender Liability, mortgage meltdown, predatory lending, securitization, TILA audit
Posted in Corruption, Eviction, Modification, securities fraud, Servicer |