1. In another Ohio ruling on November 14th, State District Judge Kathleen Mc Donald O’Malley dismissed 32 more foreclosures for lack of “documentation”. Read the ruling /files/89778-78388/Deutsche_Bank_Foreclosure_Ruling.pdf”>Deutsche Ruling, we reported on the Judge Boyko decision in which he dismissed 14 Deutsche Bank foreclosures and then was followed up by Judge Rose throwing out another 27 […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, quiet title, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

LOOK CAREFULLY AT EXHIBITS CONTAINING MERS ADVERTISING TO LENDERS LOOKING TO TRANSFER NOTES AND MORTGAGES see mers-membership-information-reveals-index-to-securitization-and-investors-allegation-that-mers-is-authorized-or-even-nominal-beneficiary-is-false washington-state-buse-vs-first-american-title-greenpoint-rescomm-mers-amended-complaint-well-written-look-carefully-at-exhibits-containing-mers-advertising-to-lenders-looking-to-tra mers-explained-by-aurora-lawyers exhibits-motion-and-temp-restraining-order-granted From the attached amended complaint. That Deed of Trust (“DOT”) contained a false representation on its face when it represented that Defendant MERS was a beneficiary under the DOT. Paragraph (E) States that “MERS is […]

Tags: borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, MERS, Mortgage, predatory lending, quiet title, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

See also provident-bank-v-silverman-super-duper-explanation-of-ucc-transferres-holders-and-holders-in-due-course-and-perfecting-title-to-note-or-mortgage  KISS – Keep It Simple Stupid Totaled Cars and Totaled Mortgages – Credit Default Swaps – CDS – 101 By Brad Keiser OK this article is for those newer readers and tenured Livinglies devotees as well as those who have attended Al Pacino’s(oops I mean Neil Garfield’s ) workshops and are not […]

Tags: borrower, brad keiser, credit, disclosure, foreclosure, foreclosure defense, foreclosure offense, fraud, lender, Lender Liability, predatory lending, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Eviction, securities fraud |

Superb Complaint piercing the heart of Deutsch Bank’s authority to collect money, file suit, seeking recovery of property and money through receiver and damages against the lawyers who filed the foreclosure suits. whittiker_v_deutsche_bank_complaint In the United States District Court for the Northern District of Ohio, eastern Division, Case no. 1:08CV300, Judge David D. Dowd, Jr. […]

Tags: borrower, Deutsch Bank, disclosure, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, RESPA, RICO, TILA, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The complete Trustee powers from a standard Pooling and Servicing agreement: Section 8.01 Duties of the Trustee. The Trustee, before the occurrence of an Event of Default and after the curing of all Events of Default that may have occurred, shall undertake to perform such duties and only such duties as are specifically set forth […]

Tags: borrowers, disclosure, foreclosure defense, foreclosure offense, lender, lost note, Mortgage, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

1. It isn’t illegal or prejudicial to a plaintiff trustee’s case for it to have acquired rights or be assigned a mortgage AFTER a borrower is in default — but it DOES raise issues of fact that must be heard by the Court. Since the Mortgage went into default there are several possibilities: (a) under […]

Tags: borrower, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, rescission, securitization, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

The “lenders’ are holding nothing but worthless or at best questionable paper. As soon as you sign a modification you are validating a debt that you most likely don’t have anymore or at worst have substantial offsets against and you are validating a security instrument (mortgage) that was destroyed in the securitization process. Check with […]

Tags: borrower, disclosure, Federal reserve, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, Mortgage, mortgage meltdown, quiet title, rescission, RESPA, securitization, TILA audit, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

Use of Professional Information Sources Bank Systems & Technology American Banker Community Banker Factiva Independent Banker Bank Technology News Banking Strategies Wall Street Journal/WSJ Online Law firm/consultant/association-provided newsletters ABA Banking Journal NewsEdge US Banker Lexis/Nexis Local associations publications Internally provided news feed Other; please specify — post on comments page

Tags: bankruptcy, borrowers, Chapter 13, disclosure, Federal reserve, foreclosure defense, foreclosure offense, Lender Liability, Mortgage, securitization, TILA audit, trustee
Posted in Corruption, Eviction, securities fraud |

December 23, 2008 Irregularity Uncovered at IndyMac   By EDMUND L. ANDREWS   WASHINGTON — Two months before IndyMac Bancorp collapsed in July, at a cost of $8.9 billion to taxpayers, a top federal banking regulator allowed the bank to backdate a capital infusion and gloss over its deepening problems, the Treasury Department’s independent investigator […]

Tags: audit, bankruptcy, credit crisis, disclosure, foreclosure defense, foreclosure offense, fraud, housing, lawyers, Lender Liability, Mortgage, mortgage meltdown, predatory lending, rescission, RESPA, RICO, securitization, TILA audit, trustee
Posted in bubble, Corruption, securities fraud |

Some time ago we mentioned on these pages that the auditors who certified the financial statements (KPMG, here) would come under intense scutiny simply because they MUST have known, by simple common sense, that the economics of mortgage lending had been turned on its head. The worse the loan quality the more they made leaving […]

Tags: audit, bankruptcy, borrower, Chapter 13, countrywide, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, housing, Lender Liability, Mortgage, predatory lending, rescission, RICO, securitization, TILA, TILA audit, trustee
Posted in Uncategorized |