MERS MUST OWN OBLIGATION AND THE MORTGAGE TO FORECLOSE OR ASSIGN

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: If the Pretender Lenders follow true to form they will (1) have MERS execute an assignment of BOTH the Mortgage (or Deed of Trust) and the Note and (2) create some documentation that appears to give MERS the ownership of the [...]

SPECTRE OF FRAUD OF ALL TYPES HAUNTING BOFA, CITI, CHASE, WELLS ET AL

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE New York AG Schneiderman Comes out Swinging at BofA, BoNY Posted By igradman On August 5, 2011 (4:28 pm) In Attorneys General This is big.  Though we’ve seen leading indicators over the last few weeks that New York Attorney General Eric Schneiderman might [...]

NY AG: NOT SO FAST ON THAT SETTLEMENT BONY-MELLON!

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “Mr. Schneiderman’s contention that Bank of New York breached its duties to investors is significant because a trustee that agrees to oversee loan pools like those issued by Countrywide must abide by the rules governing the securities. Such rules require that lenders deliver [...]

LAWYER ADMITS SIGNING DOCUMENTS AS OFFICER OF HIS CLIENT

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S COMMENT: I’d like to see the expression of someone who sits on a Bar grievance committee that meets out discipline to lawyers, when they read this. In any situation, until the mortgage meltdown, if a lawyer signed documents and then presented them as his client’s “evidence” he would [...]

NY J Shack Does it Again

In my June 3, 2008 decision and order in this matter, I granted leave to plaintiff, THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC1 MORTGAGE PASS-THROUGH CERTIFICATES, [*2]SERIES 2006-OC1 (BNY), to renew its application for an order of reference within forty-five (45) days, until July 18, 2008, [...]

Discovery, Forensic Analysis and Motion Practice: The Prospectus

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 [...]

Signors in Fabricated Documentation reported

This is an example of the information I am requesting that everyone send in so we can pool information. I am entering the names and parties in key words so you can search for them. My goal with HERS is to have an ever increasing database that will speed the research for forensic analysts and [...]

Assignments to Non MERS Members Further Cloud Title

Your case should first be summarized by your securitization expert who relies upon the expert opinions of others as to underwriting, appraisal, mortgage brokers etc. Then those other experts come in. After that, the forensic analyst and homeowner come in to fill in the facts upon which the experts relied. But you build your case [...]

Ohio Appeals Court Bangs BONY For Not Owning the Loan

see 2010-ohio-542 After-acquired interest not good BONY v Gendele Significant Excerpts: By the way this is why we need title and escrow agents to act as experts or forensic analysts. A simple title chain analysis reveals the defect and now  Trial Judges in Ohio have a rule to follow. Will the real party in interest [...]

Foreclosure Defense: Miami Woman Settles on Lost Note — Gets Money AND Title

Validating the strategies we have been promoting here, the latest is a Miami woman with a $100,000 mortgage. After years of struggle in foreclosure, Legal Aid got her a settlement: No mortgage, no note and a reverse mortgage, which means they gave her money to at least pay off the balance. Why? Because if they [...]