A USEFUL PRIMER OF TERMS FROM O. MAX GARDNER AND RICHARD D. SHEPARD

Your Client’s Securitized Mortgage: a Basic Roadmap Part 1 [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap PART 1: The Parties and Their Roles The first issue in reviewing a structured residential mortgage transaction is to differentiate between a private-label deal and an “Agency” (or “GSE”) deal. An Agency (or GSE) deal is one involving [...]

Reg Z TILA Amendment requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer

The Federal Reserve Board has issued an interim final rule under Regulation Z to implement the recent Truth in Lending Act (TILA) amendment that requires new owners and assignees of mortgage loans to notify consumers of the sale or transfer. While mostly helpful in foreclosure defense,  the rule leaves open the question of ownership of [...]

Trusts, Trustees and Beneficiaries

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 [...]

How to Search for the Trust or SPV Claiming Your Loan to Be Part of the SPV Pool

Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, [...]

Foreclosure Defense and Offense: ALL 2001-2008 WERE ASSIGNED AND SECURITIZED

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 [...]