Message on the Forensic TILA Analysis — It’s a Lot More Than it Appears

Featured Product by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual For Customer Service call 1-520-405-1688 —————————————————————————– No doubt some of you know that we have had some challenges regarding the Forensic TILA analysis. It’s my fault. I decided that the plain TILA analysis was insufficient for courtroom use based upon the [...]

Aztec Foreclosure Corp Antics Analyzed

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE BY ‘NANCY DREW” In California, OR, WA, CO (non judicial states) place an Automatic Stay one must file Bankruptcy “BK” which stops notice of defaults? sadly allowing substitute trustee to act as robo-mill and includes bank attorneys who don’t have to reveal ‘security’ [...]

A USEFUL PRIMER OF TERMS FROM O. MAX GARDNER AND RICHARD D. SHEPARD

Your Client’s Securitized Mortgage: a Basic Roadmap Part 1 [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap PART 1: The Parties and Their Roles The first issue in reviewing a structured residential mortgage transaction is to differentiate between a private-label deal and an “Agency” (or “GSE”) deal. An Agency (or GSE) deal is one involving [...]

Minnesota Prepares to Sue A Debt Collection Agency: Robosigning

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM “The Minnesota attorney general, Lori Swanson, accused Encore of fraud, saying it had filed false affidavits to collect consumer debt that was not owed or had been already paid off.” HUGE POTENTIAL EFFECT ON FORECLOSURES EDITOR’S COMMENT: The significance here is not just that robo-signing was used, which violates [...]

WAREHOUSE LENDING SHUFFLE: DIGGING DEEPER INTO THE SCAM

ONE ON ONE WITH NEIL GARFIELD DOUBLE DUTY EDITOR’S NOTE: As part of the pattern of obfuscation and confusion, the securitizers intentionally create entire patterns of infrastructure that mimic the loan transaction — except with entirely different people or entities. Brian Davies dug up this Warehouse Lending agreement. It’s like picking a bank from which [...]

Fla Ct Finds JP Morgan Intentionally and Knowingly Committed Fraud on The Court

SERVICES YOU NEED “As basis for the legal case, WaMu had submitted an assignment of mortgage, which however the court just found never actually belonged to WaMu, and instead was carried on the books of Fannie Mae.” EDITOR’S NOTE: It’s an old story to us but it’s news to everyone else. Yes it IS fraud, [...]

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 [...]

AFTER THE SALE: PART II

Submitted by VivianJ 2010/06/08 at 6:55 pm Finally got on the list. A servicer, (not on the deed of trust) tried to execute a power of sale. Thanks Neil for your wonderful posts. I’ve been reading for months. I showed up. Spoke to the ‘appointed’ trustee. Said, according to your appointment you have the Deed [...]

AFTER THE SALE: PART I

Submitted by Charles Koppa. 6/9/2010 Editor’s Note: We are starting to look at events AFTER the sale has taken place and we are discovering a number of things: CREDIT BID: Only the Creditor can submit a credit bid. All others must pay actual money. If a non-creditor submitted a credit bid (essentially bidding the “amount [...]

TAPE Recording Shows “Trustee” is NOT the party with Fiduciary Powers or Obligations

One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge [...]

Shack; JPM, Trustee Lacks Standing, Vacates Foreclosure

The true answer is that securitization is a process that is still on going and not an event.The Real Party in Interest (and the real amount of principal due, if any) is in a state of flux hidden by obscure, hidden or “confidential documentation.” Don’t make it your problem to unravel it. Use your strength [...]

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 [...]

Obama: A Bold U.S. Plan to Help Struggling Homeowners

YOU DON’T NEED TO BE DELINQUENT TO SETTLE OR MODIFY. It might just be a good time to pick up the phone right now and call the servicer, trustee, or whoever is saying they have your loan (even though they don’t) and make a deal. Think about it first. Don’t be too generous to them [...]

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 [...]

Principal Reduction Unavoidable: Get Over it

“Reducing the loan’s principal balance is more valuable because it lowers monthly payments and restores equity. Various studies show that having equity also reduces the likelihood of redefault on a modified loan. It’s not just the moral thing to do. It also would help avoid the spillover effects of the next expected round of defaults. [...]

What to Ask Your Prospective Attorney

NOW AVAILABLE ON KINDLE/AMAZON! So you have decided to challenge your servicer as to whether they really have the right to collect anything from you and whether they have been turning over payments to the “proper party” (the real lender) and whether they have any information regarding the securitization of your loan, and an accounting [...]

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 [...]

FROM FAQ: Allonge, assignments and moving the note and mortgage around

QUESTION: 1.  A friend of mine let me see his papers he received from the Attorney’s office that’s the trustee for a bank that’s foreclosing on him.  One of the papers that sent was titled Allonge.  On the paper it says: PAY TO THE ORDER OF NEW CENTURY MORTGAGE COMPANY _______________________________________ without recourse Company Name:  [...]

Foreclosure Defense: UCC on Delivery of Note

From: Whitman, Dale …. UCC amendments that require a secondary market purchaser of a note to give credit for any payments made to the original payee of the note, if they were made before the maker of the note was notified that the note had been transferred. [Editor's Note: This is exactly what happened in a [...]

Foreclosure Defense: WHERE’S THE NOTE?

In the context of the Mortgage Meltdown-Securitization Frenzy, it just might be possible that most of the promissory notes issued by homeowners on refinancing or purchasing their homes are lost and destroyed. It might even be all of them. If that is the case, it can be argued that nobody is entitled to receive payments [...]