Now They See the Light — 40% of Homes Underwater

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: They were using figures like 12% or 18% but I kept saying that when you take all the figures together and just [...]

BAILOUT TO STATE BUDGETS: AZ Uses Housing Settlement Money for Prisons

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 [...]

About Those Attorney Fees Awards to Bank Attorneys: Double Dipping+?

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE When I was litigating 24/7 I used to say that all the best ideas I ever had for the Courtroom came from my clients. I think the reason is fairly simple: they had to live with the result I didn’t. No matter how [...]

Arizona Rep McCune Davis Still Waiting For Response from Speaker Andy Tobin

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE Az MCCune-Davis Letter to Andy Tobin, House Speaker At a meeting last night, Arizona State Representative Debbie McCune Davis disclosed that on June 10, 2011 she had sent a letter to Andy Tobin, speaker of the Arizona House of Representatives, requesting that [...]

BOA DEATHWATCH: PORTRAIT OF CRIMINAL ENTERPRISE?

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE MORTGAGES WERE NOT SECURITIZED “[Nevada Attorney General] Masto didn’t stop there. She also pulled out a bazooka. She accused BofA of failure to properly securitize mortgages, breaking the chain of title and nullifying their standing to foreclose. This is from the amended complaint: [...]

AZ AG File Amicus Brief Favoring Homeowners

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE AZ AG Amicus Vasquez 8-2011 (1) CASE IS SCHEDULED FOR ORAL ARGUMENT ON SEPTEMBER 22, 20011 IN TUCSON, AZ. CONTRARY TO RUMOR, DO NOT EXPECT A RULING FROM THE COURT ON THAT DATE. THE SUPREME COURT OF ARIZONA WILL TAKE AS MUCH [...]

Briefs Submitted for Oral Argument in Arizona

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE CV110091CQ Brief [Plaintiff Vasquez] CV110091CQ Brief filed by Defendants CERTIFIED QUESTIONS SUBMITTED FOR SUPREME COURT REVIEW AMICUS BRIEFS REPORTEDLY BEING FILED BY ARIZONA AG AND OTHERS A lot of buzz being generated about this time in  Arizona Supreme Court. The Court has scheduled [...]

MICHELLE REAGAN: REPUBLICAN, MAINSTREAM AND HEADED FOR A BRIGHT FUTURE

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary It’s not often that I endorse a candidate for public office, much less one who isn’t running for anything yet. But I think it’s important to recognize the efforts of a State Senator, recently elected after having been in the State House of Representatives. Ms. [...]

BANKS BLASTED BY ARIZONA STATE SENATE: FORECLOSURE DEFENSE DANCING IN THE STREETS

COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary ARIZONA MAVERICK LEGISLATURE ASSERTS THE RULE OF LAW EDITOR’S COMMENT: MUCHO CONGRATS TO SENATOR MICHELE REAGAN AND ATTORNEY BETH FINDSEN, ESQ. (SCOTTSDALE) WHO DRAFTED A BILL REQUIRING A WOULD-BE FORECLOSER (PRETENDER LENDER) TO PROVE THEY ARE THE CREDITOR. DESPITE MILLIONS OF DOLLARS IN A  SOLID [...]

J CURLEY AZ BKR CT: “No Docs To Show Ownership Of Loan Or Standing”

ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S COMMENT: Judge Curley has been wrestling with these issues for more than 2 years. She has heard every argument, seen every memorandum, Expert Declaration (mine) and considered everything else possible. She was led to the inescapable conclusion that BOA’s position was a farce. [...]

non-judicial sale is NOT an available election for a securitized loan

NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is [...]

WEISBAND Case No. 4:09-bk-05175-EWH. BKR Tucson Judge HOLLOWELL Denies MLS for Lack of Standing

GMAC has failed to demonstrate that it is the holder of the Note because, while it was in possession of the Note at the evidentiary hearing, it failed to demonstrate that the Note is properly payable to GMAC Once the securities have been sold, the SPV is not actively involved. IN RE WEISBAND In re: [...]

Housing Starts UP with Market Glut?

Three years ago, when this derivative housing mess caught my attention, the reason I started looking into it was that the basic facts didn’t make any sense. Housing prices had been going up at a rate of as much as 20% in one month. Coming from Wall Street with an M.B.A. and having studied, written [...]

Credit Buster: Tucson Accountant Katz Shows Debtors How to Fight Back and Collect Damages and Attorney Fees

Editor’s Note: I don’t know him but I am going to get to know him. It sounds like you should too. Every  time the servicer violates the law, you have a  remedy. Katz is leading the charge collecting damages and there are usually awards of attorneys fees. I would add that if they don’t pay [...]

AZ STATUTE DEFINES BENEFICIARY and CREDIT BID: NOT “NOMINEE”

33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for [...]

IF THE GLOVE DOESN’T FIT, YOU MUST ACQUIT

IF THE PRETENDER LENDER DOES NOT HAVE THE POWER, AUTHORITY, RIGHT TITLE OR INTEREST TO EXECUTE A SATISFACTION OF MORTGAGE, THEN THEY HAVE NO RIGHT TO FORECLOSE IT. HERE IS ARIZONA’S STATUTE ON SATISFACTION OF MORTGAGES: NOTE THE REFERENCES TO LOST NOTES VERSUS LOST MORTGAGES. 33-707. Acknowledgment of satisfaction; recording A. If a mortgagee, trustee [...]

MICHELE REAGAN SENATE CANDIDATE GETS IT AND GETS SUED FOR HER TROUBLES WITHOUT DEFAULT!

SEE MICHELLE REAGAN, ARIZONA STATE SENATE CANDIDATE Finally a politician who puts principle ahead of politics!! Michele Reagan, currently an Arizona legislator, deserves support not only for her campaign for Arizona State Senate, but for her battle with her lender. Her lender, Colonial Savings, decided to sue her for asking too many questions about how [...]

Principal Reduction: A Step Forward by BofA, Wells Fargo

Editor’s Note: Better late than never. It is a step in the right direction, but 30% reduction is not likely to do the job, and waiting for mortgages to become delinquent is simply kicking the can down the road. The political argument of a “gift” to these homeowners is bogus. They are legally entitled to [...]

“uncertain line between hope and despair”

The entities foreclosing don’t have ANYTHING at stake. They have no stake and yet they are still getting homes for nothing Editor’s Note: The federal plan is good as to its intent but unnecessary if the law was applied. Sure the bailout SHOULD apply to anyone who got stuck with one of these securitized mortgages. [...]

States Ignore Obvious Remedy to Fiscal Meltdown

without raising taxes one cent, many states could recover much or all of their deficit and perhaps some states could be looking at a surplus. The money is sitting on Wall Street waiting to be claimed through existing tax laws, regulatory fees, and even damage claims much like the Tobacco litigation. Editor’s Note: Bob Herbert [...]