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

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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 [...]

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This opinion is uncorrected and will not be published in the printed Official Reports.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

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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 [...]

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 [...]

“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 [...]

FOLLOWING THE MONEY — WHAT TO ASK FOR AND LOOK FOR

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. [...]

AIG Reports Profits Increase — More Smoke and Mirrors

Editor’s Note: OK if you exclude that small matter of a $182 billion dollar loss, they made a profit. Other than that Mrs. Lincoln, how did you like the play?
It is absurd to allow this kind of reporting. Ever since they started monkeying around with reporting standards in the 1960’s, things like this have been [...]

Foreclosure Defense: New York Judge Gets It HSBC v Valentin N.Y. Sup., 2008

Also submitted by: mortgagefrauds@aol.com
Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in interest [...]

Foundation of “Lost” Document — Wigmore on Evidence

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 [...]