A misrepresentation is fraudulent if the maker (a) knows or believes that the matter is not as he represents it to be, (b) does not have the confidence in the accuracy of his representation that he states or implies, or (c) knows that he does not have the basis for his representation that he states […]

Tags: disclosure, George W. Mantor, Lender Liability, predatory lending, securitization, trustee
Posted in bubble |

submitted by Frank D’Anna Writ of Mandate 2 Frank D’Anna COMMENT: I don’t know if Frank got help, but however he did it, this is a fine piece of work. He obviously understands that if you want to take an appeal, you must state a reason that the trial court erred. If you want to […]

Tags: appeal, burden of pleading, BURDEN OF PROOF, court record, D'Anna, enforce the note, foreclose, injunction, Non-judicial election, party seeking affirmative relief, presumptions, procedure, restraining order, trustee, Writ of Mandamus
Posted in Corruption, evidence, expert witness, foreclosure mill, Modification, Pleading |

submitted by Raja 2010/06/15 at 7:30 am Investor /Trustee on MERS Record Please use this small sentence for these thieves who have multi roles, “”You cannot be a Trustee or investor or own the note, lest it become a partnership with the certificate holders” FOR ALL THOSE WHO HAVE DEUTSCHE BANK. a). Investor and Trustee […]

Tags: certificate holders, Co-Issuer, collateral agent, DEUTSCHE BANK, Document Custodian, HERS, Investor, issuer, MERS, MERS member Org ID 1001425, Pooling and Servicing Agreement, PSA, Raja, servicer, subservicer, trust, Trust Agreement, trustee
Posted in Corruption, Eviction, evidence, expert witness, foreclosure mill, Modification, securities fraud |

Submitted by VivianJ 2010/06/08 at 6:55 pm Finally got on the list. A servicer, (not on the deed of trust) tried to execute a power of sale. Thanks Neil for your wonderful posts. I’ve been reading for months. I showed up. Spoke to the ‘appointed’ trustee. Said, according to your appointment you have the Deed […]

Tags: after the sale, attorney general, Fruad, servicer, trustee, wrongful foreclosure
Posted in Corruption, evidence, foreclosure mill, securities fraud, Servicer |

That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says […]

Tags: apparent authority, assignments, authorized, California Reconveyance, clouded title, default, fabricated, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of […]

Tags: acceptance of assignment, assignment, Assignment and ASsumption Agreement, borrower, creditor, DEBTOR, DISCOVERY AND MOTION PRACTICE, execution of assignment, HERS, Motion Practice, Pooling and Servicing Agreement, securitization chain, securitization documentation, status of assignment, trustee
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge […]

Tags: beneficiary, DEED OF TRUST, Deutsch Bank, fiduciary, HERS, investors, One West, OneWest, Payee, payor, securitization, servicer, Tape recording, transparency, trustee
Posted in Corruption, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or “confidential documentation.” Don’t make it your problem to unravel it. Use your strength […]

Tags: Arthur M. SchackJ. S. C, Fordham Law Review, George, GMAC MORTGAGE CORPORATION, JPM, lender, loan originator, MERS, NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, non-judicial, originator, Precious L. Williams, REAL PARTY IN INTEREST, SERIES 2004-AR4, servicer, shack, standing, Steven J Baum, trustee, vacate, Vacate foreclosure judgment
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

APPRAISAL FRAUD IS THE ACT OF GIVING A RATING OR VALUE TO A HOME THAT IS WRONG — AND THE APPRAISER KNOWS IT IS WRONG. This can’t be performed in a vacuum because there are so many players who are involved. They ALL must be complicit in the deceit leading to the homeowner signing on […]

Tags: access to the information, Appraisal, appraisal company, appraisal fraud, builder, closing agent, credit cards, deceitful lending practices, developer, errors and omissions insurance, fair market value, false appraisal, fees, fraud, HERS, insurance, kickbacks, lenders, MORTGAGE BROKER, profit, rating, reabtes, Reg Z, TILA, title agency, trustee, Truth in Lending Act, value, verification, yield spread premium, YSP
Posted in Uncategorized |

The problem is that a statute passed for judicial economy is now being used to force the burden of proof onto the borrower in the foreclosure of their own home I think the main issue in non-judicial states is what does “non-judicial” mean. I think in your argument you do NOT want to concede that […]

Tags: BURDEN OF PROOF, judicial event, judicial foreclosure, non-judicial, object to the sale, power of sale, trustee
Posted in Corruption, Eviction, expert witness, foreclosure mill, Servicer |