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 |

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them […]

Tags: "modification" agreement, BofA, Complaint to Quiet Title, David Streitfeld, delinquent, friendly quiet title action, LAWYER, modification, Mortgage, Obama, quiet title, servicer, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

“We did not service the loan,” Mr. Dale said. “We did not originate the loan, and we were not the financial entity that placed it into foreclosure. Do you understand what a trustee does?” Editor’s Note: Well, Yes Mr. Dale, we do understand what a trustee does and can do —- nothing. So why are […]

Tags: A.F.L.-C.I.O, Alex Samuelson, Americans for Financial Reform, Andy Stern, Aramark, Bank of New York Mellon, Citigroup, conduit, contingent agent, derivatives, disclosure, discovery, Financial Services Roundtable, foreclosures, forensic analysis, Goldman Sachs, Javier Morillo-Alicea, JPMorgan Chase, labor union, Lloyd C. Blankfein, Los Angeles, Louise Story, Minneapolis local, mortgages, New York Times, Occidental College, Peter Dreier, pool of loans, private equity firms, REMIC, research, Richard Alarcón, Richard K. Davis, Richard L. Trumka, S.E.I.U., securitized mortgages, Service Employees International Union, SPV, Steve Bartlett, Steve Dale, STEVEN GREENHOUSE, trustee, U.S. Bank, UNIONS, variable-rate bonds
Posted in bubble, Corruption, Eviction, securities fraud |

USE THIS AS A GUIDE FOR DISCOVERY, FORENSIC ANALYSIS AND MOTION PRACTICE TO COMPEL DISCLOSURE see for this example SHARPS%20CDO%20II_16.08.07_9347 Comments in Red: THIS IS A PARTIAL ANNOTATION OF THE PROSPECTUS. IF YOU WANT A FULL ANNOTATION OF THIS PROSPECTUS OR ANY OTHER YOU NEED AN EXPERT IN SECURITIZATION TO DO IT. THERE ARE THREE […]

Tags: ANNOTATION, as Fiscal Agent, as Note Registrar, as trustee, bank of new york, BOND, Cayman Islands, Class A-1 Senior Secured Floating Rate Notes, Class A-2 Senior Secured Floating Rate Notes, Class A-3 Senior Secured Floating Rate Notes, Class B Senior Secured Floating Rate Notes Due, Class C Secured Deferrable Interest Floating Rate Notes, Class D-1 Secured Deferrable Interest Floating Rate Notes, Co-Issuer, Deed of Covenant, DEED OF TRUST, DELAWARE, DEUTSCHE BANK, Deutsche Bank AG, Deutsche Bank Aktiengesellschaft, DEUTSCHE BANK SECURITIES INC., Directive 93/22/EEC, exempted company, expert, Fiscal Agency Agreement, Inc., investors, Ireland, Irish Financial Services Regulatory Authority, Irish Stock Exchange, issuer, jurisdiction, limited liability, LLC, Member State of the European Economic Area, Moody's Investors Service, Mortgage, Motion Practice, New York Branch, NON-RECOURSE OBLIGATIONS, Offering Circular, operating agreement, promissory note, Prospectus, Prospectus Directive, RISK FACTORS", securitization, Senior Notes, Sharps CDO II Ltd, Standard & Poor's, the Trustee, Total Return Swap, total return swap transaction, TRS Counterparty, Trust Agreement, trustee, UNITED STATES
Posted in bubble, Corruption, Eviction, securities fraud |

The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention […]

Tags: 2006-3, Allonge to Promissory Note, Assignment of Mortgage and Loan Documents, Aurora Bank FSB f/k/a Lehman Brothers Bank, bankruptcy court, Case No. 6:09-bk-12240-ABB, Chapter 7, Florida, FSB, Jack Jacob, Jennifer Henninger, JORGE CANELLAS, Judge ARTHUR B. BRISKMAN, Lehman Brothers Bank, Lehman Brothers Small Balance Commercial Mortgage Pass-Through Certificates, MIDDLE DISTRICT OF FLORIDA, Motion for Relief from Stay, Note and Mortgage, Orange County, ORLANDO DIVISION, owner and holder, private securitized trust, Special Assets Administrative Assistant, trustee, Trustee Carla P. Musselman, U.S. Bank National Association
Posted in bubble, Corruption, Eviction, securities fraud |

From http://www.mattweidner.com These statutes provide numerous regulations and requirements that entities engaging in trust activities should comply with, but the regulations are largely being ignored by the entities engaging in trust activities and both courts and the enforcing agency, the Florida Department of Financial Services, Editor’s Note: Matt Weidner is onto something here that has […]

Tags: AGGREGATOR, beneficiary, BOA, Charles Koppa, F.S. Chapter 650, F.S. Chapter 660, Florida Statutes, Greenwich fianncial, Internal revenue Code, investors, Matt Weidner, REMIC, res, SPV, trust, trustee
Posted in Uncategorized |

A pattern with Wells Fargo that we have seen is that they make the representation that they are the holder of the note and the investor,which is a blatant lie in most cases. Then AFTER they get the order they want, they admit that through “inadvertence” they misrepresented the facts to the court. Then they […]

Tags: agency, assignment of mortgage, assignment of note, Bank of America, Carpenter v Longen, DEED OF TRUST, MERS, splitting note and mortgage, Supreme Court, trustee, U.S. Bank
Posted in bubble, Corruption, Eviction, securities fraud |

 “Without your blog I would not have found the right lawyer in my state.”                                                                                                                              – Meghan in RI “Some of the most rewarding work of my career.”                                                                                                                   – Chris Brown Esq. While we understand the many reasons borrowers pursue their cause on a ProSe or ProPer basis,  it has been our position since the […]

Tags: audit, bailout, bankruptcy, borrower, Chapter 13, countrywide, credit crisis, creditor, depression, disclosure, discovery, Eviction, Florida, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, housing, lawyers, lender, Lender Liability, mortgage meltdown, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
Posted in Corruption, Modification, Servicer |

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 |

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 |