The Importance of Discovery and Motion Practice

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity [...]

Wells Fargo, Option One, American Home Mortgage Relationship

Wells Fargo Bank, N.A. appears in many ways including as servicer (America Servicing Company), Trustee (although it does not appear to be qualified as a “Trust Company”), as claimed beneficiary, as Payee on the note, as beneficiary under the title policy, as beneficiary under the property and liability insurance, and it may have in actuality [...]

Bondholders Get It Now and Are Firing Servicers

Thanks to Gator Bradshaw Editor’s Comment: Like I said, the investors and the homeowners have a lot of interests in common. When they finally get together and compare notes, they find a giant donut hole where assets or money were supposed to be. The amount of theft or undisclosed fees and profits staggers the imagination. [...]

How to Search for the Trust or SPV Claiming Your Loan to Be Part of the SPV Pool

Thank You ABBY! This post is from Abby. You can catch her email in comments where she originally posted. Just one word of caution: Just because the Trustee or officer of the SPV pool claims to have your loan doesn’t mean they really do. In fact they may only have a spreadsheet with no documentation, [...]

FORECLOSURE AUCTIONS AND MODIFICATIONS: CLOUD ON TITLE

There are a few things that have occurred to me with the evolution of this mortgage meltdown crisis and the entire improper process by which it is being handled. The foreclosures are of course improper and there are many offensive and defensive strategies that have been presented here in this blog. The main issues are [...]