NO Reason to Modify: Banks Foreclosed to Collect 100 cents on the Dollar from the Government

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: The math is simple which is why we are now offering as part of a forensic loan specific analysis, a HAMP analysis [...]

Wall Street Insider Exclusive to Livinglies

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 [...]

How Did H & R Block Get into the Subprime Mortgage Business?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Tax Preparer Slammed with $24 Million in Fines on Toxic Mortgages Editor’s Comment:  You really have to think about some of these stories and what they mean.  1. Where is the synergy in a merger between Option One and H&R [...]

Bringing in the Clowns Through Breach of Fiduciary Duties

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: In my many conversations with both attorneys and pro se litigants they frequently express intense frustration about those invisible relationships and entities that permeate the entire mortgage model starting in the 1990′s and continuing to the present day, [...]

State and Federal Agencies Should Brace for Demands for Administrative Hearings

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Editor’s Comment: We had an interesting exchange in a civil, almost charming meeting with the Arizona Secretary of State last night at Darrell Blomberg’s Tuesday night meeting. He has the  AZ AG coming in a couple of weeks. One thing [...]

Why The PSA is Never Included as an Exhibit to a “Colorable” Claim to Foreclose

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 Editor’s Note: I would add that if the PSA was required to be placed in evidence and to be attached as an exhibit to the would-be forecloser’s pleadings, it would put facts in issue that the forecloser would never be able [...]

LAWYER ADMITS SIGNING DOCUMENTS AS OFFICER OF HIS CLIENT

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S COMMENT: I’d like to see the expression of someone who sits on a Bar grievance committee that meets out discipline to lawyers, when they read this. In any situation, until the mortgage meltdown, if a lawyer signed documents and then presented them as his client’s “evidence” he would [...]

QUIET TITLE EXPLAINED

NOTABLE QUOTE: CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS AND WARRANTIES Section 2.01. Conveyance of Mortgage Loans. As promptly as practicable after any transfer of a Mortgage Loan under this Agreement, and in any event within thirty days after the transfer, the Trustee shall (i) affix the Trustee’s name to each assignment of Mortgage, as its assignee, [...]

Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement

EDITOR’S NOTE: Lest people think I invented this whole field of law just because I’m loudest about it, here is a post from Max Gardner, who only a few days after I started this blog had already figured out everything I had figured out and was already doing something about it. Max Gardner’s Top Reasons [...]

WITHOUT RECOURSE: Hangman’s Noose

By Collete McDonald Editor’s Note: Ms. McDonald hits the nail on the head with this article. You should incorporate it word for word in any relevant memoranda. Why is this important? Because most of the “notes” (assuming they were the real notes and were timely indorsed and not back-dated) are presented as having been indorsed [...]

Deutsch Bank: Peeling back the layers

submitted by Raja 2010/06/15 at 7:30 am Investor /Trustee on MERS Record Please use this small sentence for these thieves who have multi roles, “”You cannot be a Trustee or investor or own the note, lest it become a partnership with the certificate holders” FOR ALL THOSE WHO HAVE DEUTSCHE BANK. a). Investor and Trustee [...]

Re-Orienting the Parties to Clarify Who is the Real Plaintiff

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff [...]

Allocating Bailout to YOUR LOAN

Editor’s Note: Here is the problem. As I explained to a Judge last week, if Aunt Alice pays off my obligation then the fact that someone still has the note is irrelevant. The note is unenforceable and should be returned as paid. That is because the note is EVIDENCE of the obligation, it isn’t THE [...]

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 [...]

This RMBS “Trust” has quit reporting to the SEC in 2007

Here is a direct link to this particular “Trust”… http://sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001352650&owner=exclude&count=40 The PSA is contained within the 330 page Prospectus (424B5). I have not found any of the other relevant “Purchase Agreements” … This “Trust” has quit reporting to the SEC in 2007 yet is still actively providing monthly payments to the Investors according to the [...]

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, [...]