Judge Bashes Bank and Stern Law Firm in Foreclosure Case By AMIR EFRATI A Florida state-court judge, in a rare ruling, said a major national bank perpetrated a “fraud” in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default. The ruling, made last month in Pasco County, […]

Tags: affidavit, AMIR EFRATI, Anthony Rondolino, assignment of mortgage, David Stern law firm, disclosure, Fla., Florida, foreclosure defense, Forrest McSurdy, fraud, fraud upon the court, GMAC Mortgage LLC, Harpster, HERS, Judge Lynn Tepper, Law Offices of David J. Stern, Lender Liability, securitization, St. Petersburg, Steve Dale, trustee, U.S. Bank, Wall Street Journal, Wells Fargo
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“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 |

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 |

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 |

See 2D08-3553 Fla 2d DCA BAC v Ginelle Jean-Jacques This is the reason why I am offering the workshop on Expert Witnesses, i.e. — to highlight the rules of evidence, to coach those who would present opinions as evidence and to hone the skills of the litigator. While apparently narrow in its scope and reasoning, […]

Tags: assignment, BAC, evidence, incomplete, lssumptions, original mortgage, original note, presumptions, show me the note, summary judgment, U.S. Bank, unauthenticated, unsigned
Posted in bubble, Corruption, Eviction, securities fraud |