WHAT’S IN A NAME: WHY THE WORDS “ASSET BACKED SECURITIES” IN THE PLAINTIFF’S NAME OF A FORECLOSURE CASE SHOULD MAKE YOU DIG In view of the fact that the bulk of mortgages, especially those created in connection with refinance and home equity lines which were initiated between 2002 and 2007, were only a small cog […]

Tags: AGGREGATOR, asset backed securities, borrower, fraud, HELOC, LOAN APPLICATION, LOAN ASSIGNMENT, Mortgage, MORTGAGE BROKER, TEASER RATE, trustee
Posted in Eviction |

Start with GARFIELD’S GLOSSARY ABOVE: HERE IS ARE SOME OF THE RECENT ADDITIONS TO THE GLOSSARY AND TACTICAL CONSIDERATIONS: Deed of Trust An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in […]

Tags: ABS, DEED OF TRUST, default, due process, foreclosure, legal standing, lender, NON-JUDICIAL SALE, original note, REAL PARTY IN INTEREST, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

In the context of the Mortgage Meltdown-Securitization Frenzy, it just might be possible that most of the promissory notes issued by homeowners on refinancing or purchasing their homes are lost and destroyed. It might even be all of them. If that is the case, it can be argued that nobody is entitled to receive payments […]

Tags: assignments, Cayman Islands, foreclosrep, promissory note, servicer, structured investment vehicles, Taylor Bean, trustee, Wells Fargo
Posted in Eviction |

Good comment, which I edited slightly for readability:   Hey Jose, run your case by the trustee who more than likely will not do a thing;  request for leave to file the case in C Court, not to worry about the lender,  he will remove to Fed Court.  Lost Note, fight it long, hard and […]

Tags: bankruptcy, foreclosure defense, judge, procedure, trustee
Posted in bubble, Eviction |

The “Simple” answer is YOU have to stop the trustee and lender(s) from acting illegally. They are counting on the idea that you won’t be persistent or clever enough to game the system against them the way they are doing to you. You don’t have to be very clever. But you DO need to be […]

Tags: Emergency Petition, injunction, lenders, persistence, pleadings, trustee
Posted in bubble, Eviction |

IT IS ENTIRELY POSSIBLE THAT THE TRUSTEE HOLDING THE DEED AND MORTGAGE, THE APPRAISER OR LENDER HOLDS AN INSURANCE POLICY THAT PROVIDES A BASIS FOR RECOVERY OF YOUR DOWN PAYMENT AND OTHER REFUNDS DUE FROM VIOLATIONS OF TILA, RESPA, RICO ETC. In states that use Trustees for deeds and mortgages, you should of course check […]

Tags: assignments, authority, damages, due diligence, fiduciary duty, insurance, trustee, trustee deeds
Posted in bubble, Eviction |

Most of my experience is in judicial sale states where the foreclosure is a lawsuit started by the lender. In those cases, when you challenge the Lender or mortgage service provider on its authroity to bring the action and counterclaim on violations of Truth in Lending, fraud etc, you are the counterclaimant. In states where […]

Tags: defensive strategies, fraud, lender, RESPA, RICO, third party, TILA, trustee
Posted in bubble, Eviction |

People have to be careful in Arizona and other states that use the “Trustee” method of conducting sales of property that are allegedly in default. In fact they should be careful even without being in default. You might be at risk of receiving a claim for payment from two or more sources. each claiming standing […]

Tags: ARIZONA, defense, deficiency, NON JUDICIAL SALES, owner of mortgage, payee of note, trustee
Posted in bubble, Eviction |