Nye Lavalle’s Early Warning in 2003 Profiled In New York Times

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 “The Fraud of Our Lifetime” Robert D. Drain, a federal bankruptcy judge in the Southern District of New York, said in court last month that the failure of the mortgage industry to deal with pervasive problems involving inaccurate documentation and improper [...]

Part III of Gardner and Shepherd: Notes and Assignments

Your Client’s Securitized Mortgage: A Basic Roadmap PART 3: Dealing with Notes and Assignments [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap By O. Max Gardner, III and Richard D. Shepherd Part 3: Dealing with Notes and Assignments There are two basic documents involved in a residential mortgage loan: the promissory note and the mortgage [...]

DERIVATIVES ESCAPE REGULATION

MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE RESTLESS CONSUMERS GROW WEARY OF BANK CONTROL OVER REGULATION “Regulators have missed more than two dozen deadlines for new Dodd-Frank rules, which [...]

NY APPELLATE COURT: MERS IS A FICTIONAL CHARACTER — LIKE DONALD DUCK

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR [...]

SEPARATING THE NOTE FROM THE OBLIGATION: TOO ESOTERIC FOR JUDGES

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The argument for separation of the note from the mortgage is finding a lot of resistance from the Bench, as Ron Ryan writes below. I agree with him up to a point. The fact remains that at the very start of [...]

GUILTY! Taylor Bean & Whitaker Chairman

CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW

SUMMARY OF LINDA DIMARTINI TESTIMONY for Countrywide

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM INDUSTRY PRACTICES DO NOT OVERRIDE THE REQUIREMENTS OF LAW Submitted by Ron Ryan, Esq. , Tucson, Az SUMMARY OF LINDA DIMARTINI TESTIMONY Linda DeMartini worked for 10 years for Countrywide Home Loans Servicing, LP (“CHLS”) and BAC after it took over all CHLS’s servicing and other business. She worked [...]

60 MINUTES: SECURITIZATION PROPERTY TITLES ARE A “TRAIN WRECK”

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM GET LUMINAQ COMBO TITLE AND SECURITIZATION REPORT PAYMENT TO HOMEOWNERS TO BACK OFF LITIGATION PROPOSED 30,000 QUIET TITLE ACTIONS ALREADY FILED AND NUMBERS ARE CLIMBING SHARPLY SHEILA BAIR: A Flood of Litigation from Homeowners is Swamping the Court System. 60 MINUTES; SECOND CRISIS IN THE MAKING 60 MINUTES OVERTIME: [...]

Signing New Docs Creates New Loan and Waives Prior Defenses

Question from blogger: In an awkward position and can’t seem to get a straight answer.  We refinanced our property in 2006 and in 2009 received a letter from the title insurers requesting we re-sign all docs.  The note is lost and was never recorded with the county.  I can’t find precedent in such a case [...]

FLORIDA MOVES TOWARD RESOLUTION OF SECURITIZED MORTGAGES

See FLSC new RULES First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations [...]

How to Use Lost Documents and Destroyed or Withheld Documents

EDITOR’S NOTE: Earth,the final frontier. Somewhere there are people who grasp the concept of reality. But to give credit where credit is due Floyd gives primary print space to contrary points of view. Even better, he shows his professionalism by asking the two questions (1) why would banks lose the note and (2) “what am [...]

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 [...]

States Commence the Inevitable “Tobacco” Litigation Against Banks — Arizona Leading

Sometime back in the early Spring and Summer of this year, I had a series of meetings with Arizona officials from the legislative and executive branch right up to the top, an Alabama Class Action firm of some repute, and telephone conversations with the U.S. Attorney, and several other class action attorneys researching “relater” and [...]

JUDGE MAYER ECHOES JUDGE SHACK: ANOTHER NY CASE….THINGS ARE CHANGING!!!!

If you can get through the formatting errors, it is worth reading. Judge Mayer clearly states that “The original lender, WMC Mortgage Corp., apparently had the mortgage assigned to entities other than this plaintiff: however, there is no proof of assignments annexed to the moving papers and no proof that this plaintiff is the proper [...]

TOXIC TITLE: Cloud in Massachusetts: Getting Back Your Home AFTER Foreclosure Sale

Kathleen Engel, professor of law at Suffolk University, said the federal government should step in to help states deal with “toxic titles’’ that are clogging up the system from California to Florida. She said until recently few people were scrutinizing paperwork of foreclosing lenders, whose actions are causing problems for borrowers, investors, and municipalities. No [...]

Why the SPV (TRUST) is NOT THE LENDER: Using MERS Against the Pretender Lenders

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 [...]

Professor Porter Does it Again: Ownership, Agency and Servicing Abuses in Bankruptcy Court

SEE Entire Article: porter While concentrating on Bankruptcy Court all of her points are instructive in all types of litigation. “From external indicia, the claims process in consumer bankruptcy cases seems like an exemplar of a well-designed legal system that balances the interests of consumers and industry.  The claims rules are unambiguous; all parties typically [...]

Getting Through to Judges Unfamiliar with Securitization

If I am right, then why are judges are not buying this? see msnbc discussion of “What’s in the Bag?”> object> The problem here is becoming increasingly apparent with Judges of many different ideological persuasions. This all looks like a gimmick to them. And they are right. It’s just that the one finessing the gimmick [...]

Strategic Implications of the Landmark (Kesler) Kansas Supreme Court Decision

See entire decision here > kansas-supreme-court-sets-precedent-key-decision-confirming-livinglies-strategies See also Arkansas Supreme Court stating the same principles and citing to Kansas: arkansas-supreme-court-denies-mers-legal-standing Annotations: See this list of cases cited by pretender lenders: Lender’s Cases mers-getting-the-grilling-it-deserves kansas-s-ct-decision-annotation-2-reversing-default kansas-waking-up-to-discover-the-mortgage-market-was-a-giant-criminal-enterprise What does this decision mean? It means that there are several direct strategic moves that are suggested both by the [...]

Another Litigant Who Gets It: Barbara Ann Jackson

The movement is growing and approaching critical mass. It won’t be long now before everyone — including politicians are singing a different song. The fact is most of these foreclosures are wrong — legally, morally, ethically, politically and economically. Kudos to this fine lawyer who is showing some gumption and outrage — something lacking in [...]