Posted on November 7, 2009 by livinglies
MANY THANKS TO DAN EDSTROM
Dan has put together a list which frankly I would like him to expand. Following the money means determining the party to whom you MIGHT owe money. It certainly isn’t the pretender lender and if you can fill in the blanks on this list you will be able to show that. [...]
Filed under: CDO, CORRUPTION, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure, securities fraud | Tagged: accounting, audit, borrower, disclosure, Eviction, foreclosure, foreclosure defense, foreclosure offense, forensic review, fraud, lender, Lender Liability, mortgage note, securitization, servicer, servicing agent, TILA audit | 36 Comments »
Posted on November 5, 2009 by livinglies
The biggest mistake most people make is not knowing basic rules of evidence. That is why I cover it in my manuals, seminars and books. Here is Wigmore on evidence which I stumbled across while looking for something else. The basic thrust is that the burden of proof increases geometrically on a party wishing to [...]
Filed under: CDO, CORRUPTION, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure, securities fraud | Tagged: fraud, foreclosure, Eviction, foreclosure defense, trustee, securitization, quiet title, foreclosure offense, lost document, evidence, lost note affidavit, lost | 3 Comments »
Posted on October 26, 2009 by livinglies
NOW AVAILABLE ON AMAZON KINDLE
“The real party in interest in relief from stay is whoever is entitled to enforce the obligation sought to be enforced. Even if a servicer or agent has authority to bring the motion on behalf of the holder, it is the holder, rather than the servicer, which must be the moving [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, currency, foreclosure | Tagged: automatic stay, bankruptcy, borrower, Chapter 13, Citimortgage, disclosure, Eviction, Fieldstone Mortgage Investment Trust, foreclosure defense, foreclosure offense, HSBC, Litton Loan servcing, MERS, securitization, trustee | 13 Comments »
Posted on October 25, 2009 by livinglies
LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE!
SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW
If you want a summary of about 75% of what we cover at the seminar in Clearwater, Florida on November 1-2, just read this article. I’ll explain how we got to this point, the legal points to be raised and how to aim [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure | Tagged: audit, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, foreclosures, fraud, Lender Liability, Mortgage, securitization, trustee | 16 Comments »
Posted on October 24, 2009 by livinglies
LIVINGLIES NOW AVAILABLE ON AMAZON KINDLE!
SIGN UP FOR CLEARWATER, FLORIDA SEMINAR NOW
So called “auditors” will miss the fact that there are two yield spread premiums that were not disclosed to either the homeowner or the investor. Failure to account for the movement of money through the securitization chain and failure to account for appraisal [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure | Tagged: fraud, Eviction, mortgage meltdown, bankruptcy, foreclosure defense, audit, Lender Liability, borrower, disclosure, trustee, securitization, predatory lending, rescission, foreclosure offense, TILA audit | 96 Comments »
Posted on October 14, 2009 by livinglies
Who is the lender? This is an abstract from the Judge Long decision. Things in red were done by Max Gardner, in bold by Neil. see entire abstract Judge Long Ibanez Massachuseetts Decision Abstract
Editor’s Note: The “principal” is the “lender” is the creditor” is the “real party in interest” is the “only party that advanced [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, currency, foreclosure | Tagged: fraud, Eviction, bankruptcy, Wells Fargo, foreclosure defense, Lender Liability, borrower, disclosure, trustee, securitization, predatory lending | 14 Comments »
Posted on October 14, 2009 by livinglies
Many Thanks to Max Gardner for this contribution:
See entire Case at US Bank v Ibanez Memo of Decision Denying US Bank Mts Oct 14 2009Misc 384283 and Misc 386755
See Neil’s Abstract: judge-long-principal-must-be-disclosed
See Boston Globe Article: judge-long-massachusetts-foreclosure-decision-throws-securitization-intermediaries-into-chaos-reo-sales-stopped
See what-do-these-case-decisions-mean
US Bank v Ibanez. Memo of Decision Denying US BankMts. Oct.14.2009 Misc 384283 and Misc 386755.doc “The issues in [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure | Tagged: fraud, Eviction, lender, bankruptcy, foreclosure defense, Lender Liability, borrower, disclosure, trustee, securitization, predatory lending, rescission, foreclosure offense, TILA audit, title issues, vacating order of foreclosure | 17 Comments »
Posted on October 13, 2009 by livinglies
the use of nominees or straw men doesn’t mean they can be considered principals in the transaction anymore than your depository bank is a principal to a transaction in which you buy and pay for something with a check. The fact that the money was processed through your depository bank doesn’t make them party to [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, bubble, currency, foreclosure | Tagged: bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, Lender Liability, lost note, rescission, securitization, trustee | 7 Comments »
Posted on October 2, 2009 by livinglies
If the lawyer is not a competent witness with personal knowledge, then he should shut up and sit down.
See also fraud-on-the-court-reversing-the-tide
See also Judge Young: federal-appeal-slams-lawyers-and-pretender-lenders-with-sanctions-for-misrepresentation-on-ownership-of-loan
See also modification-fraud-the-latest-game-in-town
So you sent a QWR and you know the loan is securitized. The orignating lender says talk to the servicer and the servicer declines to answer all the questions [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, currency, foreclosure | Tagged: bailout, bankruptcy, borrower, disclosure, Eviction, foreclosure defense, foreclosure offense, fraud, lawyers, Lender Liability, predatory lending, rescission, securitization, trustee | 12 Comments »
Posted on September 29, 2009 by livinglies
Protecting Tenants at Foreclosure Act
Public Law
FIL-56-2009
September 28, 2009
Summary:
On May 20, 2009, President Obama signed the Helping Families Save Their Homes Act of 2009, Public Law 111-22. Included in the public law is the Protecting Tenants at Foreclosure Act (Division A, Title VII), which provides protections for tenants, including tenants in housing subsidized by Section 8 [...]
Filed under: CDO, Eviction, GTC | Honor, Investor, Mortgage, foreclosure | Tagged: bankruptcy, Eviction, foreclosure defense, foreclosure offense, securitization | Leave a Comment »
