Your allegations of intentional misdeeds, fabricated documents and forgeries have new life now that the SEC is hot on the trail of the wrongdoers in a very public way. As the news sinks in more and more Judges, lawyers and experts and forensic analysts will see their role more as a commitment to justice than […]

Tags: affordability, appraisal verification, belief, confidence, fabricated documents, fair market value, forgeries, Goldman Sachs, income verification, industry underwriting standards, intentional misdeeds, NASDAQ, pretender lenders, TILA, Truth in Lending Law, underwriting standards
Posted in bubble, Corruption, Eviction, securities fraud |

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP (2006) Here is a case that should not have been filed (entire text of opinion below) and was argued improperly. The homeowners clearly lost because they put their eggs in the wrong basket. Nonetheless, the opinion is a pretty good compilation of the various statutes, rules and […]

Tags: 1039 (10th Cir. 2006), 1110 (10th Cir. 1991), 1112 (10th Cir. 1991);, 12 C.F.R. § 226.1(a), 12 C.F.R. § 226.23(a)(3, 1244 (10th Cir. 2006)., 15 U.S.C. § 1635(b), 1565 (10th Cir. 1991)., 2005 WL 106792 at *1-*3 (N. D. Cal., 2005)., 207 F.3d 458, 438 F.3d 1036, 442 F.3d 1239, 462 (8th Cir. 2000), 935 F.2d 1106, 948 F.2d 1562, Affidavit of Fraudulent Recording of Discharge of Mortgage, Akin & Robb, AMERICAN MORTGAGE SPECIALISTS, CAROL R. ROSEN, certificate, CIV-06-0427 JH/LAM., Cleveland, Colonial Savings, Dickason, Discharge of Mortgage, discovery, EQUIFIRST CORP, Fed R. Civ. P. 12(b)(6), Fed. R. Civ. P. 10(c)., Frances Kenny Family Trust v. World Sav. Bank FSB, Hall v. Bellmon, Hearing, HERS, Homecomings Financial, HUD 1/Settlement Statement, Inc., Inc. v. Am. Cas. Co. of Reading, Jan. 19, JUDITH HERRERA, Karla Poe, Kimberly Smith Rivera, McGlinchey Staford, merits, Miller v. Glanz, Moore v. Guthrie, MOTION TO DISMISS, N.M.S.A. §§ 57-12-1, New Mexico, New Mexico Unfair Practices Act, Obligation, Oh, Ownership interest, P.A., P.C., PA, Park Univ. Enter., Pleading, PLLC, Prospectus, Real Estate Settlement Procedures Act, Regulation Z, RESPA, Rhodes & Salmon, Rodey, Sloan, TILA, trustee, Truth in Lending Act, U.S. Bank National Association, United States v. Any & All Radio Station Transmission Equip., William C. Salmon
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

SEE MICHELLE REAGAN, ARIZONA STATE SENATE CANDIDATE Finally a politician who puts principle ahead of politics!! Michele Reagan, currently an Arizona legislator, deserves support not only for her campaign for Arizona State Senate, but for her battle with her lender. Her lender, Colonial Savings, decided to sue her for asking too many questions about how […]

Tags: ARIZONA, Colonial Savings, HERS, Michelle, Michelle reagan, Reagan, RESPA, State Senate, TILA
Posted in Uncategorized |

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of […]

Tags: agents, AGGREGATOR, consumer protection, contact information, creditor, foreclosure defense, legal notices, MERS, mortgage backed securities, mortgage loans, principal residence, Real Estate Settlement Procedures Act, Reg Z, resolve payment issues, RESPA, secured, statutory damages, TILA, violation
Posted in bubble, Corruption, Eviction, expert witness, Modification, securities fraud, Servicer |

Max Gardner’s Protoge Achieved This result as Reported Max’s Current Newsletter: Editor’s Note: Most of what we have seen reported indicates that although TILA is clear in is legislative expression that NO TENDER is required for the rescission remedy under TILA, Judges don’t like it. It seems they feel that Big Bad Borrowers are taking […]

Tags: 15 U.S.C. § 1601, Botelho, FRCP 12(b)(6), LXS2007-4N Trust, rescission, tender, TILA, Truth in Lending Act, U.S. Bank
Posted in bubble, Corruption, Eviction |

Title: SECURITIZATION IS ILLEGAL. see Securitization is Illegal AUTHOR: MICHAEL NWOGUGU, Certified Public Accountant (Maryland, USA); B.Arch. (City College Of New York). MBA (Columbia University). Attended Suffolk Law School (Boston, USA). Address: P. O. Box 170002, Brooklyn, NY 11217, USA. Phone/Fax: 1-718-638- 6270. Email: datagh@peoplepc.com; mcn111@juno.com. Editor’s Note: I find this compelling. On the other […]

Tags: deceptive lending, Mortgage, note, Obligation, RICO, securitization, TILA, usury
Posted in bubble, Corruption, Eviction, securities fraud |

see no-silver-bullet The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and […]

Tags: brad keiser, evidence, forensic analysis, show me the note, silver bullet, TILA, workshop
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: I am currently working on the issue of fiduciary duty, so I would appreciate receiving material from any of you that have submissions on the subject. There is an article in the Florida Bar Journal this month on this topic. “If a fiduciary has special skills or becomes a fiduciary on the basis […]

Tags: agent, assignments, attorney, borrower, close-out, fiduciary duty, Florida Bar Journal, Kammerer, Landers, loan originator, Mariani, Ny Times, recordable, REMIC, SIV, special skills or expertise, SPV, TARA SIEGEL BERNARD, TILA, trust, trustee, undisclosed fees and profits
Posted in bubble, Corruption, Eviction, securities fraud |

You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an […]

Tags: affordability, April Charney, audit, brad keiser, damages, deceptive lending, demand letter, Discrepancies, DVL, evidence, facts, forensic analysis, independent third party, latent violations, MAX GARDNER, patent violations, predatory lending, programming, QWR, refunds, REPA, TILA
Posted in bubble, Corruption, Eviction, securities fraud |

Editor’s Note: Looking further down the road, when the Ponzi aspect of the Mortgage Meltdown is fully revealed, it will become obvious that both yield spread premiums and the proceeds of credit default swaps, insurance and federal bailout are subject to claims by homeowners. The Trustee’s conclusion as affirmed by the Judge’s ruling in the […]

Tags: accounting, bailout, credit-default swap, Daid J. Sheehan, damages, Diana B. Henriques, distribution, insurance, Judge Lifland, Madoff, Ny Times, Picard, Ponzi, SEC, SIPC, standing, Stephen P. Harbeck, TILA, trustee, yield spread premium
Posted in bubble, Corruption, Eviction, securities fraud |