Lawyer’s foreclosure defense of ‘quiet title’ faces tests

“The note is often produced at some point in the litigation, but the real problem is, how did they get it? When did they get it? And did the transfer of ownership comport with federal and Florida law for the transfer of such negotiable instruments?”
In cases that are dismissed based on these arguments, foreclosure defense [...]

Ohio Sues Rating Firms for Losses in Funds: Fraud Catching Up with Swindlers

NOW AVAILABLE ON KINDLE/AMAZON

WHY THIS IS IMPORTANT TO FORECLOSURE DEFENSE AND OFFENSE: OK I know the last thing you want to hear is how complex this scheme was. But if you can get over the intimidation factor, you will see how the lawsuits filed by individual homeowners, attorney generals, and class actions are picking apart [...]

Swindlers’ Waltz to the Sounds of a Crash

Government officials, perhaps influenced by spending too much time with bankers, forgot that if you want to govern effectively you have retain the trust of the people. And by treating the financial industry — which got us into this mess in the first place — with kid gloves, they have squandered that trust.

During the bubble [...]

NY Judges ROCK! Indymac Bank F.S.B. v Yano-Horoski

NY JUDGES ROCK
Indymac Bank F.S.B. v Yano-Horoski
2009 NY Slip Op 52333(U)
Decided on November 19, 2009
Supreme Court, Suffolk County
Spinner, J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on November 19, 2009
Supreme Court, Suffolk County
Indymac Bank F.S.B., Plaintiff
against
Diana [...]

Wells Fargo to Repurchase $1.4 Billion of Securities: WHAT THAT MEANS TO YOU

AVAILABLE ON KINDLE/AMAZON
You can use this information by establishing “probable cause” in the mind of the Judge or jury right off the bat — we know they lied to investors, are we now supposed to believe they told the truth to the homeowners?
This is the kind of news article buried deep into a newspaper or [...]

1 in 10: U.S. Mortgage Delinquencies Reach a Record High — Going UP?

AVAILABLE ON KINDLE/AMAZON
Editor’s Note: While the media, Wall Street and government sources try to placate us, there are inescapable truths right now and inescapable consequences right around the corner. Other than people who own their home outright or who are relatively close to that point, nearly every homeowner in America has several problems: (1) title [...]

Audit Faults New York Fed in A.I.G. Bailout

Editor’s Note: In this article you have the nub of the problem for the investors, for the foreclosers, for the pretender lenders. What did the taxpayer actually pay for and what did they get for it? And if the money all went to pay off credit default swaps at 100 cents on the dollar then [...]

“The Prosperity Gospel”: Pastors Took Bribes From Mortgage Originators — $350 per subprime mortgage

And probably people “of the cloth” from all denominations.

We are a nation of faith. Jesus angrily drove the money lenders out of the temple. How can we stand by and allow the borrowers to be driven out of their homes?
The fact is most of these victims were hunted down like a foxhunt, with strangers [...]

“Officials” Who Sign for MERS: False, Fraudulent, Fabricated, Forged and Void Documents in the Chain

all we have left is the obligation, unsecured and subject to counterclaims etc. MOST IMPORTANT procedurally, it requires a lawsuit by the would-be forecloser in order to establish the terms of the obligation and the security, if any. This means they must make allegations as to ownership of the receivable and prove it — the [...]

What to Look For and Demand Through QWR or Discovery Part II

Dan Edstrom, you are great!
OK I found the loan level details for my deal. It shows my loan in foreclosure and my last payment in 6/2008 (which is accurate). What it doesn’t say (among other things) is what advances were made on the account. Very interesting. This report is generated monthly but they are only [...]