Using UDCPA Fair Debt Collection Acts to get Money, Information and Fees

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT RIPE AREA FOR STEADY INCOME FOR LAWYERS REPRESENTING HOMEOWNERS Editor’s Comment: One small step for a man, one giant leap for mankind. You have both a private right of action against the debt collector and the right to apply to the FTC to [...]

FORENSIC FILES: CARBON DATING THE PAPER AND THE SIGNATURE TO PROVE FORGERY

ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S NOTE: We have received reports of using radioactive carbon-dating and microscopy proving the age the paper and the age of the signature differ by a matter of years. Dating the other writing on the paper further corroborates the allegation of forgery. Sources have [...]

LivingLies UPDATED Plan of Engagement: What to Do

UPDATE: This is THE OUTLINE of a plan that is current in its evolution but by no means complete or the last word. It replaces the entry I made in February of this year. The assumption here is that even without taking mortgage foreclosure cases into consideration, the percentage of cases that actually go to [...]

Moral Hazard in Non-Judicial Sale: Trustee commits violations of FDCPA and other statutes!

From Eaine B Editor’s Note: I have long advocated sending letters, objections to sale and complaints against “trustees” named (or substituted) on deeds of trust who initiate foreclosure proceedings. Indeed, it is highly probable that because of statutes attempting to protect the trustee from liability, the trustee is at best usually named only as a [...]

DISCOVERY AND MOTION PRACTICE: SHOW ME THE BOND

REGISTER NOW FOR DISCOVERY AND MOTION PRACTICE WORKSHOP SHOW ME THE BOND!: 9th CIRCUIT AFFIRMS BACKDOOR REQUIREMENT FOR ENHANCED “CREDITOR” DISCLOSURE REQUIREMENTS IN CHAPTER 13 PLAN: SEE chapter 13 debtorsHerrera Monroy opinion 09-1175 (9th Cir BAP 01 05 2010) Among the things we will cover at the May workshop on Motion Practice and Discovery, are [...]

Forensic Analysis: Unions Amass Armory of Research on Foreclosures of Securitized Mortgages

“We did not service the loan,” Mr. Dale said. “We did not originate the loan, and we were not the financial entity that placed it into foreclosure. Do you understand what a trustee does?” Editor’s Note: Well, Yes Mr. Dale, we do understand what a trustee does and can do —- nothing. So why are [...]

Ambac Clients May Receive 25 Cents on Dollar in Cash

Editor’s Note: The significance of this announcement is that the bondholders, who were insured directly by AMBAC (as opposed to the investment bankers who bought “bets” like credit default swaps) are receiving 25 cents on every dollar they funded as creditors for the funding of loan to homeowners (debtors/ borrowers). This supports and corroborates two [...]

Livinglies Posts $100 Reward for HERS Fabrication Index

Announcing the establishment of the Homeowners Electronic Registration System (HERS) to assist in mortgage negotiations, litigation, foreclosures and modifications. HERS v MERS, Get It? We are looking for someone to go through the comments and blog posts that give the name of an officer or other person signing any paper involved in the mortgage or [...]

Intricate Cloaks for Securitized Transaction – Wells Fargo and Thornburg

Editor’s Note: Here is where the foreclosure or mortgage analysts get separated — the ones who understand the process of securitization and the ones who don’t. I received this from a pro se litigant in a case where Wells Fargo identified itself as the creditor/lender (as usual, not true). In fact Wells denied that the [...]

Lehman Execs and Auditors Face Civil and Criminal Inquiries and Lawsuits

This is pretty aggressive and pretty abusive. I don’t know how under GAAP this follows the rules whatsoever,” he said, referring to Generally Accepted Accounting Principles.“That reeks of an auditor who, rather than being really truly independent, is beholden to management,” he said, adding that the S.E.C. and the Justice Department should follow up on [...]

Judicial Watch Clashes with FNMA and Freddie Over Public Documents Request

March 9, 2010, 3:29 p.m. EST · Recommend · Post: Obama Administration Tells Court Government-Run Fannie Mae and Freddie Mac Not Subject to Open Records FOIA Law Judicial Watch Battles in Federal Court to Release Fannie and Freddie Political Contribution Information WASHINGTON, DC, Mar 09, 2010 (MARKETWIRE via COMTEX) — Judicial Watch, the public interest [...]

Why Show Me the Note Isn’t Enough

see no-silver-bullet The reason lawyers should attend the forensics workshop is not so they can do forensic analysis (although they certainly would be in a better position to do so), but rather because they need to know what to do with the information once they get a report of results from a forensic review and [...]

Sample Interrogatories

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION – ESSEX VICINAGE ——————————————————————X                Civil Action Deutsche Bank National Trust Company, As Trustee Of Argent Securities, Inc. Asset Backed Pass Through Certificates, Series 2004-PW1 Docket Number: XXX REQUEST FOR INTERROGATORIES Plaintiff(s), vs. XXX; John Doe, Husband Of XXX                                                                            XXX Avenue Rosedale, NY 11422 Defendant(s)/Pro Se ——————————————————————X REQUEST FOR [...]

MERS Cover-Up of REAL INVESTOR

More and more authorities are holding that in order for a claimant to prove itself to be the real party in interest to support a proof of claim or motion for relief from stay in bankruptcy, as well as to prove itself to be a holder in due course, they have to prove the entire [...]

Keiser’s Forensic Analysis Workshop

You must remember the judiciary moves slowly is assimilating new facts or patterns in the marketplace. In order to break through a Judge’s preconception of the mortgage origination process, you need to have something that is clear in is presentation of facts, and obvious in its impact. The reasons for having analysis performed by an [...]

New York Judges Slam Baum Law Firm and JP Morgan Chase Citing Questionable Legal Work

Liening on NY homeowners TRUSTEE SAYS “Chase filed documents that appear to be patently false or misleading” As pointed out in this article, 95% of foreclosures are NOT scrutinized. This is why homeowners need to go to forensic analysts, experts and lawyers. Most people are walking away from homes they still own on the basis [...]

Cramdown in Chapter 13!!

see Bradsher Cramdown in Chapter 13 This case is an example of why forensic audits need to go much further than they currently do. Brad Keiser’s Workshop on forensic analysis will focus on the important issues that are usually missed in TILA or other reviews. As the case points out, the usual rule is that [...]

Florida Orders All Homestead Property Foreclosures into Mediation

See AOSC09-54_Foreclosures. A good step in the right directions. I would add that you should be very careful that you don’t get trapped into the “lender narrative.” The Judges are going to very receptive and even enthusiastic about referring these cases to mediation, so don’t annoy them with motions, pleadings or hearings that attempt to [...]

Wall Street Banks Don’t Own Toxic Loans: ABC

NOW AVAILABLE ON AMAZON/KINDLE!!! This is why it is critically important that (a) you get help in organizing your information (b) getting a forensic analysis, review or even a TILA Audit (c) that you secure a third party expert declaration that puts the the facts in issue and (d) that you aggressively pursue discovery without [...]