April, 2010 - FORECLOSURE FRAUD - Page 3

Archive | April, 2010

E-mails show Goldman boasting as meltdown unfolds

E-mails show Goldman boasting as meltdown unfolds

By DAN STRUMPF, AP

NEW YORK — E-mails released by a Senate committee investigating the financial crisis show top executives at Goldman Sachs Inc. boasting about money the firm was making as the housing market collapsed in 2007.

The documents suggest that Goldman benefited at least for a time from bets that subprime mortgage-backed securities would lose value. The e-mails appear to contradict previous statements by the investment bank that it lost money on such securities.

“Of course we didn’t dodge the mortgage mess,” CEO Lloyd Blankfein wrote in an e-mail dated Nov. 18, 2007, according to the documents released Saturday morning. “We lost money, then made more than we lost because of shorts.”

Short positions, in contrast to long positions, are bets that a financial security will lose value. Goldman is also the target of a civil fraud lawsuit brought by the Securities and Exchange Commission, which alleges that the firm misled investors about how a subprime mortgage-backed security was created. Goldman has denied the charges.

The e-mails were released by Sen. Carl Levin’s office, who is presiding over an investigation into the financial crisis. Blankfein, along with other Goldman personnel, are scheduled to testify during a Senate hearing into the crisis on Tuesday.

In another e-mail, Goldman Chief Financial Officer David Viniar says that in one day the firm made more than $50 million on bets that the housing market would collapse, according to a statement from Levin’s office.

“Tells you what might be happening to people who don’t have the big short,” Viniar writes in the message dated July 25, 2007. Viniar is also scheduled to testify on Tuesday.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed

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DOCS-4u ISO employees with min. 4 years of Creative Resources

DOCS-4u ISO employees with min. 4 years of Creative Resources

Docs-4u ISO back room clerical Vice President with minimum of 4 years of Creative Resource experience.

GA, MN, TX,FL and DC are a plus.

Must know photoshop 12.0 and commercial art! Be able to create any virtually any mortgage docs requested.

Please see tutorial video below:

[youtube=http://www.youtube.com/watch?v=RFNOMsCSeFo]

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Honey, I Lost the House. Now It’s Time to Party

Honey, I Lost the House. Now It’s Time to Party

 
Caroline Baum

Honey, I Lost the House. Now It’s Time to Party: Caroline Baum

Commentary by Caroline Baum

April 22 (Bloomberg) — “What a relief, Marge, not to have that huge mortgage payment hanging over our head anymore.”

“You can say that again, Harry. Let’s celebrate. Maybe take a nice vacation. Or buy a new car.”

“What if the bank forecloses on our house? We could be living on the street next year.”

“Exactly. Which is why we need a new car. Maybe something roomy like a Chevy Suburban.”

By now you’ve probably seen the analysis, if you can call it that, on how mortgage defaults are driving consumer spending.

Yes, you read that correctly. Those deadbeat homeowners, facing possible eviction and in some cases unemployed, are throwing caution to the wind — and money at retailers.

In an attempt to explain strong retail sales in the face of high unemployment, depressed consumer confidence and declining real incomes, Paul Jackson, publisher of HousingWire, alit on an idea that he conceded might sound far-fetched: “People are spending their mortgages,” he opined in an April 5 column.

Because the consequences of missing a mortgage payment are so far in the future, thanks to the multitude of government assistance programs, consumers are behaving as if they’ve just been handed a free lunch, he said.

Other economists jumped on the bandwagon. Mark Zandi, chief economist at Moody’s Economy.com, told the Wall Street Journal this week that 5 million households aren’t making payments on their mortgages, giving them “as much as $60 billion to spend.”

Nonsense Exposed

Economists at Goldman Sachs Group Inc. came at it differently. In an attempt to explain how consumer spending exceeded their forecast, they acknowledged their “standard net worth model overstated savings” if households treated residential investment as just another form of consumer spending. Uh-huh.

Blogger Barry Ritholtz called the proponents of the defaults-are-good theory on the carpet, saying in an April 16 post that the analysis got it backward. “Those people voluntarily not paying their mortgages are not buying luxury goods, for the simple reason they cannot afford them,” Ritholtz wrote.

Maybe it’s my age or my upbringing, but I can’t imagine frittering away the interest payments on a delinquent mortgage when the sheriff might show up any day with an eviction notice.

Not everyone lives that way or acts rationally all of the time, the housing bubble being a case in point. After biting off more home than they could afford, consumers are more likely to compensate by being overly cautious. Once bitten, twice shy.

Just ask the banks, which, after an extended period of lax lending and big loan losses, tend to tighten credit standards to an extreme.

Double-Entry Bookkeeping

There’s an even bigger problem with the idea that mortgage defaults are driving consumer spending. When a homeowner misses a mortgage payment, “somebody’s not getting a payment” on the other side, said Thomas Lawler, founder and president of Lawler Housing and Economic Consulting in Leesburg, Virginia.

A mortgage lender or bank experiences reduced cash flow, which means less money flowing to shareholders who, the last time I checked, were consumers in their own right.

Sure, one can argue that the borrower has a greater propensity to consume than the lender, but this is a case of what Lawler calls “single-entry analysis for double-entry bookkeeping” and what I view as an example of Bastiat’s broken window. (See Bastiat, Frederic, “That Which is Seen and That Which is Unseen.”)

It’s like robbing Peter to pay Paul or, more applicable to the current situation, borrowing or taxing the public and calling it “fiscal stimulus.” There is no net gain from transferring spending power from one entity to the next.

Reductio Ad Absurdum

Lawler, a man after my own heart when it comes to carrying an idea to its logical conclusion, offered the following advice to President Barack Obama:

If you believe what the economy needs is a boost to spending, “forget the stupid stimulus,” he said. “Let’s get everyone to stop paying their mortgage.”

Why stop there? Instead of sticking it to renters, who tend to be less well-off than homeowners, Obama should make the plan fairer by spreading some of the wealth around. “Nobody has to pay,” Lawler said. “Let’s have a rent moratorium as well.”

Now there’s a stimulus plan that won’t cost the taxpayer a dime!

(Caroline Baum, author of “Just What I Said,” is a Bloomberg News columnist. The opinions expressed are her own.)

Click on “Send Comment” in sidebar display to send a letter to the editor.

To contact the writer of this column: Caroline Baum in New York at cabaum@bloomberg.net.

Last Updated: April 21, 2010 21:00 EDT

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Daily Inspiration:

Daily Inspiration:

If the mass of people hesitate to act, strike thou in swift with all boldness; the noble heart that understands and seizes quick hold of opportunity can achieve everything.

Johann Wolfgang von Goethe
 

 

Posted in daily dose, dinsfla inspirationalComments Off on Daily Inspiration:

FINED! NY Judge Spinner Orders Lender To Pay Long Island Couple $100K

FINED! NY Judge Spinner Orders Lender To Pay Long Island Couple $100K

Originally published: April 21, 2010 8:09 AM
By ELLEN YAN AND CARRIE MASON-DRAFFEN  ellen.yan@newsday.com, carrie.mason-draffen@newsday.com

Quick Summary

A state judge accused a mortgage company of premeditated attempts to destroy an East Northport couple’s chances of keeping their home.

Jane and Anthony Corcione appear

Photo credit: Kevin P. Coughlin | Jane and Anthony Corcione appear outside their East Northport home. A state judge has ordered their lender to pay the borrowers $100,000 in damages and scrapped as much as $119,330 in questionable late charges. (April 20, 2010)

A state judge accused Emigrant Mortgage Co. of premeditated attempts to destroy an East Northport couple’s chances of keeping their home, ordering the lender to pay the borrowers $100,000 in damages and scrapping as much as $119,330 in questionable late charges.

Borrower Jane Corcione could scarcely believe what she heard when a reporter broke the news by phone late Tuesday afternoon on the decision from State Supreme Court Justice Jeffrey Arlen Spinner.

“Shut up. Shut up,” she said jokingly. She said she and her husband, Anthony, were ecstatic. “We have been fighting for this for almost two years.”

After a job loss, the Corciones defaulted May 1, 2008, on a $302,500 loan they got the preceding year. The mortgage had an 11.625 percent interest rate that would reset at least 6.375 percentage points higher every August from 2012 to its maturity in 2037, said Spinner’s decision on Friday on Emigrant’s request to move ahead on foreclosure.

But Emigrant waited 14 months before starting a foreclosure case, apparently to rack up penalty fees, the judge concluded. Then, two months ago, on Feb. 23, the lender offered a loan modification plan and 10 days to accept or reject a proposal whose “deplorable particulars” insulated Emigrant from any liability by violating Corciones’ state and federal rights, Spinner wrote.

“This court is driven to the inescapable conclusion that plaintiff has, by way of calculation and premeditation . . . created a scenario whereby it is a virtual certainty that defendants will ultimately be irreparably damaged,” he wrote. “In short, the conduct of plaintiff in this matter has been overreaching, shocking, willful and unconscionable.”

A spokesman for the New York-based lender said the decision was based on inaccuracies and that the lender has made many modifications: “Emigrant believes that the court’s decision in this matter is based upon an incomplete understanding of the underlying facts and certain factual inaccuracies, which Emigrant intends to address with the court as part of a motion to renew and reargue and, if necessary, through an appeal of the court’s decision.”

Spinner is the same judge who gave Greg Horoski and wife,Diana Yano-Horoski, of East Patchogue a Thanksgiving surprise last year by voiding their $292,500 mortgage. He had accused IndyMac Mortgage Services of failing to negotiate a loan modification in good faith. The lender’s appeal is pending.

This time, the judge set the Corciones’ debt at $301,721.58, the remaining principal, and “forever barred” Emigrant from “demanding, collecting or attempting to collect” any interest, default interest, legal fees, advances and other charges that may have accrued from May 1, 2008 to the date of his ruling.

That’s because Spinner did not believe the lender on several fronts, especially its list of charges. That included the lender’s claim of advancing $10,000 to pay the couple’s property taxes, despite contradictory records from Huntington Town and evidence from Emigrant’s own assistant treasurer cited in the decision.

Under Emigrant’s modification proposal, the Corciones would pay about $84,000 of the $119,000-plus arrears at 6 percent interest and have $30,000 forgiven after a year, the decision said.

But what the judge ripped into were the parts that called for the Corciones to “unconditionally” agree not to raise any challenges to Emigrant’s foreclosure actions, including filing for bankruptcy, if the couple defaults again. The agreement also seems to release Emigrant from federal truth in lending laws, the judge said.

“This court has never been presented with such a waiver, especially when accompanied by absurd representations [drafted by the lender] that amount to what could best be described as an express warranty that defendants presently are and will forever be insolvent,” the ruling read.

In the past year, almost 62,000 borrowers in the New York metro area, which includes Long Island, have gotten trial or loan modifications under the federal homeowner rescue program.

Corciones’ attorney, Sean C. Serpe of Manhattan, said any modification of their existing loan has yet to be agreed upon. But for more than a year, Serpe said, his clients had asked for a lower, fixed rate, and when Emigrant did propose a modification, it came with a threat: “If we didn’t respond, we lost any chance of a modification.”

Thank you to: b.daviesmd6605 for the doc below

[ipaper docId=30277188 access_key=key-zln3zjpf6926erdtk4d height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in concealment, corruption, dinsfla, foreclosure fraud, forensic mortgage investigation audit0 Comments

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!

Keep ExPosing NET WORTH!!!

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!

SPECIAL THANK YOU…to Matt Weidner’s Blog “this man is a saint to many”.  

While we were busy railing away in front of the Florida Supreme Court yesterday…THE SUPREME COURT….the US SUPREME COURT issued a massive ruling that will send shock waves through all foreclosure mills.  This April 21, 2010 decision found that foreclosure mill law firms are subject to the Fair Debt Collection Practices Act.  The full decision is found here.  The mills can ignore the itty bitty ‘ole Florida Supreme Court, but what about the “Real” Supreme Court?

JERMAN v. CARLISLE, MCNELLIE, RINI, KRAMER & ULRICH LPA ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SIXTH CIRCUIT
No. 08–1200.  Argued January 13, 2010—Decided April 21, 2010

The Fair Debt Collection Practices Act (FDCPA), 15 U. S. C. §1692  et seq., imposes civil liability on “debt collector[s]” for certain prohibited debt collection practices.  A debt collector who “fails to comply with any [FDCPA] provision . . . with respect to  any person is liable  to such person” for “actual damage[s],” costs, “a reasonable attorney’s fee as determined by the court,” and statutory “additional damages.” §1692k(a).  In addition, violations of the FDCPA are deemed unfair or deceptive acts or practices under the Federal Trade Commission Act (FTC Act), §41 et seq., which is enforced by the Federal Trade Commission (FTC).  See §1692l.  A  debt collector who acts with “actual knowledge or knowledge  fairly implied on the basis of  objective circumstances that such act is [prohibited under the FDCPA]” is subject to civil penalties enforced by the FTC.  §§45(m)(1)(A), (C).  A debt collector is not liable in any action brought under the FDCPA, however, if it “shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.”  §1692k(c).

Held: The bona fide error defense in §1692k(c) does not apply to a violation resulting from a debt  collector’s mistaken interpretation of the legal requirements of the FDCPA.  Pp. 6–30. a) A violation resulting from a debt collector’s misinterpretation of the legal requirements of the FDCPA cannot be “not intentional” under §1692k(c).  It is a common maxim that “ignorance of the law will not excuse any person, either civilly or criminally.”  Barlow v. United States, 7 Pet. 404, 411.  When Congress has intended to provide a mistake-of-law defense to civil liability, it has often done so more explicitly than  here.   In particular, the administrative-penalty provisions of the  FTC Act, which are  expressly incorporated into the FDCPA, apply only when a debt collector acts with “actual knowledge or knowledge  fairly implied  on the basis of objective circumstances” that the FDCPA prohibited its action.  §§45(m)(1)(A), (C).  Given the absence of similar language in §1692k(c), it is fair to infer that Con gress permitted injured consumers to recover damages for “intentional” conduct, including violations resulting from a mistaken interpretation  of  the  FDCPA,  while reserving the  more  onerous administrative penalties for debt collectors whose intentional actions.

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Daily Dose

Daily Dose

The fact is, that to do anything in the world worth doing, we must not stand back shivering and thinking of the cold and danger, but jump in and scramble through as well as we can.

Robert Cushing

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ExPLOSIVE! BIGGEST POSSIBLE NEWS: 4th DCA 4-21-10 Riggs v Aurora

ExPLOSIVE! BIGGEST POSSIBLE NEWS: 4th DCA 4-21-10 Riggs v Aurora

[ipaper docId=30355002 access_key=key-nk2bzp5rrotw2i6jw1t height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in foreclosure fraud0 Comments

"Who is the Real Party in Interest as Plaintiff in foreclosure cases?"

"Who is the Real Party in Interest as Plaintiff in foreclosure cases?"

 Again, the million dollar question is, “Who is the Real Party in Interest as Plaintiff in foreclosure cases?”

PPIP Funds’ Toxic Asset Holdings Hit $10 Billion

04/21/2010 By: Carrie Bay DSNEWS.com

Private equity investment funds, in collaboration with the U.S. Treasury, have relieved the market of $10 billion in souring real estate assets, purchased through the federal government’s Legacy Securities Public-Private Investment Program (PPIP).

PPIP was unveiled just over a year ago, under the guise of the original intention of the government’s $700 billion bailout package when it was sold to Congress – to remove so-called toxic mortgages from the system.

The program has been widely criticized for its slow start, though new data from the Treasury shows it’s beginning to gain momentum. Still, some market-watchers say the delay means PPIP, at best, will have only a marginal impact, since private-investor appetite for distressed assetdeals is growing and the previously gridlocked secondary mortgage market is starting to show signs of movement.

The Treasury published its second quarterly summary of PPIP activity Tuesday, which showed that the PPIP fund managers’ holdings nearly tripled compared to the previous three months. As of March 31, 2010, the eight funds participating in the program had acquired just over $10 billion in eligible assets, compared to $3.4 billion at the end of 2009.

About 88 percent of the PPIP portfolio holdings, or $8.8 billion, are non-agency residential mortgage-backed securities (RMBS). Twelve percent, or $1.2 billion, are commercial mortgage-backed securities (CMBS). Of the RMBS assets, nearly half fall into the Alt-A loan category.

By the Treasury’s calculations, the PPIP investment funds have $25.1 billion of total purchasing power, which includes $6.3 billion in private capital. The Treasury has matched the private equity contribution dollar-for-dollar, and also provided $12.5 billion in debt capital.

The Treasury cautioned that because the funds are in the very early stages of their three-year investment periods, it’s premature to draw any meaningful conclusions about individual performance, but the report did include some preliminary stats on each fund’s returns so far.

The fund managed by Angelo, Gordon & Co. and GE Capital Real Estate is registering the highest rate of return at 20.6 percent.

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A short modern HOUSING STORY…

A short modern HOUSING STORY…

 

[scribd id=30335710 key=key-1tioqtwz59yxmd5403h9 mode=list]

Posted in STOP FORECLOSURE FRAUD0 Comments

Talk Radio CONFIRMATION for APRIL 23 9am ET Conquering the Stigma of Being in Foreclosure

Talk Radio CONFIRMATION for APRIL 23 9am ET Conquering the Stigma of Being in Foreclosure

Special THANK YOU to 4closurefraud, Foreclosure Hamlet & The HAMLETEERS for putting their lives on hold, getting on a bus and fight for what they believe…YOUR RIGHTS!

Via: 4closurefraud

Lisa Epstein, owner of the Foreclosure Support site, Foreclosure Hamlet, is already on to the next project!

After spending 20 hours on a bus and a full day of speeches and talking with dozens of legislators at our Rally in Tally, she is back for more…

Watch out Fraudsters. This woman is on a mission!

See below and get the word out please.   This show can be extreme, but hey, so can we!

Our collective goal in this foreclosure crisis is to educate EVERYONE and to overcome the burden of the “deadbeat stigma”.  The audience of this show is very vocal and active.

Make sure to call in and voice your support

FROM:  “The Power Hour” with Joyce Riley

PO Box 85, Versailles, MO  65084

www.ThePowerHour.com

RE: Talk Radio CONFIRMATION for FRIDAY – APRIL 23– 9am-ET

Hello Lisa,
Joyce Riley of ThePowerHour sincerely wishes to thank you for agreeing to be a guest on her syndicated talk radio broadcast. I have retained the previous talking points from your last “Happy Hour” and will send them to Joyce, along with the May 19th completed guest schedule.  Plus, Joyce will call you the day before your scheduled interview to create a comfort zone, making for the best possible interview.
CONFIRMATION:
APRIL 23 – FRIDAY
:  Our Minneapolis studio will be calling you at 19am your EASTERN Daylight TIME

We will link our radio show to your website: ForeclosureHamlet.org

If you have any articles of related interest (press stories etc.) you wish to post with your guest appearance just email them over to me.

The Power Hour appreciates your dedication and efforts to stop the stigma surrounding people foreclosed upon and we look forward to your coming guest appearance.
Always in Health, Liberty, and Truth,

Marie Gunther – Guest & Program Producer of www.ThePowerHour.com

“ThePowerHour with Joyce Riley” is a three-hour syndicated LIVE radio broadcast
Monday through Friday, 7-10 AM CST.

Listen Live at www.GCNLive.com or www.ThePowerHour.com

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Kalispell  Live on Z600.com; All 3-Hours

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Rochester, Brockport, WMJQ 105.5 f.m., WASB 1590 a.m., WRSB 1310 a.m.

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This broadcast is also available on shortwave worldwide by WWCR

All Times CENTRAL TIME Zone North America  a/o October 15, 2008
7:00 AM     The Power Hour   WWCR 7.490 MHz and 13.845
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We open our telephone lines to callers both nationally and internationally:

For audience call-in to live broadcast: 1-800-259-9231

International callers use 1-651-289-4333X125

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House Democrats calling for criminal investigation of Goldman Sachs

House Democrats calling for criminal investigation of Goldman Sachs

Rep. Kaptur is the one that keeps grilling Geithner on the AIG scam involving you guessed it …Goldman Sachs!

April 21st, 2010 7:15 PM

House Democrats calling for criminal investigation of Goldman Sachs

 

  By Eric Zimmermann / The Hill

 A growing number of House Democrats are asking the Department of Justice to open a criminal investigation into Goldman Sachs.

 Rep. Marcy Kaptur (D-Ohio) made the request Tuesday in a letter to Attorney General Eric Holder. Since then, almost 20 of her colleagues have signed on.

 The Securities and Exchange Commission (SEC) has filed a fraud action against Goldman for allegedly promoting a package of investments that was designed to fail. But the SEC can only pursue civil actions. Kaptur wants the Justice Department (DOJ) to consider criminal charges as well.

 “[I]f the DOJ is not currently looking into this particular case, we respectfully ask you to ensure that the U.S. Department of Justice immediately open a case on this matter and investigate it with the full authority and power that your agency holds,” Kaptur wrote to Holder.

 “The American people both demand and deserve justice in the matter of Wall Street banks whom the American taxpayers bailed out, only to see unemployment and housing foreclosures rise.”

 Republicans have accused Democrats of engineering the SEC charge to bolster the case for financial reform. Democrats have vehemently denied that claim, but the push for criminal charges isn’t likely to quiet the conservative charges.

 The letter has so far garnered 18 signatures, and the Progressive Change Campaign Committee (PCCC) is organizing a grassroots campaign to urge more lawmakers to sign on. The group says it has gathered 23,000 signatures and organized 2,400 calls to Congress. 

“Now is the moment to make clear: Nobody on Wall Street is ‘too big for jail,’ ” PCCC co-founder Aaron Swartz wrote to supporters.

 The following House Democrats have signed on to Kaptur’s letter: Jim McDermott (Wash.), Diane Watson (Calif.), Chris Carney (Pa.), Raul Grijalva (Ariz.), Keith Ellison (Minn.), John Lewis (Ga.), Charlie Melancon (La.), Tom Perriello (Va.), Betty Sutton (Ohio), Jay Inslee (Wash.), Pete Stark (Calif.), Mike Honda (Calif.), John Salazar (Colo.), Niki Tsongas (Mass.), Alan Grayson (Fla.), David Loebsack (Iowa) and Bob Filner (Calif.).

 Top Republican asserts feds 'looked the other way' from financial fraud

Posted in goldman sachs0 Comments

The Busted Homes Behind a Big Bet: THE ABACUS HOUSES

The Busted Homes Behind a Big Bet: THE ABACUS HOUSES

APRIL 22, 2010 The Wall Street Journal

By CARRICK MOLLENKAMP , MARK WHITEHOUSE And ANTON TROIANOVSKI

ABERDEEN TOWNSHIP, N.J.—The government’s civil-fraud allegation against Goldman Sachs Group Inc. centers on a deal the firm crafted so that hedge-fund king John Paulson could bet on a collapse in U.S. housing prices.

It was a dizzyingly complex transaction, involving 90 bonds and a 65-page deal sheet. But it all boiled down to whether people like Stella Onyeukwu, Gheorghe Bledea and Jack Booket could pay their mortgages.

They couldn’t, and Mr. Paulson made $1 billion as a result.

The Abacus Houses

David Lau for The Wall Street JournalA $652,500 mortgage on this home in Middletown, N.J., was among the nearly 500,000 loans, spread across 48 states and the District of Columbia, on which investors in Abacus made their bets.

 

Mr. Booket, a 44-year-old heating and air-conditioning repairman, owed $300,000 on his three-bedroom home in Aberdeen Township. His house was one of thousands that wound up in a pool of mortgages that were referenced in the so-called collateralized debt obligation, or CDO, which Goldman created for Mr. Paulson. The hedge-fund manager invested heavily in a form of insurance that could yield huge gains if the borrowers grew unable to pay.

In 2006, Mr. Booket got hit by a car while riding a motorcycle from a late-night party, was unable to find much work and couldn’t pay the bank. In October 2008, he lost the house to foreclosure and plans to move out by next week. He says he bears no grudge against Mr. Paulson and Goldman.

“The man came up with a scheme to get rich, and he did it,” says Mr. Booket, who had refinanced his mortgage just months before the accident. “So more power to him.”

More than half of the 500,000 mortgages from 48 states contained in the Goldman deal—known as Abacus 2007-AC1—are now in default or foreclosed.

Mr. Paulson didn’t have any direct involvement in the mortgages contained in the Goldman deal under scrutiny by the Securities and Exchange Commission. And the bets that Mr. Paulson placed on Abacus didn’t affect whether or not homeowners defaulted. Rather, he used Wall Street to help structure hugely lucrative side bets that homeowners such as Mr. Booket couldn’t make their monthly mortgage payments.

One loser in the deal, German bank IKB Deutsche Industriebank AG, saw most of its $150 million Abacus investment evaporate. It had believed that borrowers broadly could afford the loans. The bank says it is cooperating with the SEC’s inquiry.

“There’s no question we made money in these transactions,” said a Paulson spokesman in a statement. “However, all our dealings were through arms-length transactions with experienced counterparties who had opposing views based on all available information at the time. We were straightforward in our dislike of these securities but the vast majority of people in the market thought we were dead wrong and openly and aggressively purchased the securities we were selling.”

[HOUSES]

Some of the people whose mortgages underpinned Mr. Paulson’s wager were themselves taking a gamble—that U.S. housing prices would continue to march upward, making it possible for them to eventually pay off loans they couldn’t afford.

The Wall Street Journal identified homeowners in the Abacus portfolio by taking the 90 bonds listed in a February 2007 Abacus pitchbook and matching them with court records, foreclosure listings, title records and loan servicing reports. The bonds contained nearly 500,000 mortgage loans.

One mortgage in the Abacus pool was held by Ms. Onyeukwu, a 43-year-old nursing-home assistant in Pittsburg, Calif. Ms. Onyeukwu already was under financial strain in 2006, when she applied to Fremont Investment & Loan for a new mortgage on her two-story, six-bedroom house in a subdivision called Highlands Ranch. With pre-tax income of about $9,000 a month from a child-care business, she says she was having a hard time making the $5,000 monthly payments on her existing $688,000 mortgage, which carried an initial interest rate of 9.05%.

Nonetheless, she took out an even bigger loan from Fremont, which lent her $786,250 at an initial interest rate of 7.55%—but that would begin to float as high as 13.55% two years later. She says the monthly payment on the new loan came to a bit more than $5,000.

She defaulted in early 2008 and was evicted from the house in early 2009.

Fremont didn’t respond to requests for comment.

In early 2007, Paulson was identifying different bonds from across the country that it wanted to place bets against. Paolo Pellegrini, Mr. Paulson’s right-hand man, began working with Goldman trader Fabrice Tourre to choose bonds for the Abacus portfolio, say people familiar with the deal.

Abacus was a “synthetic” CDO, meaning that it didn’t contain any actual bonds. Rather, it allowed Paulson’s firm to buy insurance on bonds it didn’t own. If the bonds performed well, Paulson would make a steady stream of small payments—much like insurance premiums. If they performed poorly, Paulson would receive potentially large payouts.

According to the SEC complaint, Mr. Paulson especially wanted to find risky subprime adjustable-rate mortgages that had been given to borrowers with low credit scores who lived in California, Arizona, Florida, and Nevada—states with big spikes in home prices that he reckoned would crash.

Mr. Pellegrini and a colleague had purchased an enormous database capable of tracking the characteristics of more than six million mortgages in various parts of the country. They spent long hours scouring it all, according to people familiar with the matter.

The home mortgage of Gheorghe Bledea was among those that wound up in the Abacus portfolio.

In May of 2006, a broker had approached Mr. Bledea, a Romanian immigrant, to pitch him a deal on a loan to refinance the existing mortgage on his Folsom, Calif., home.

Mr. Bledea, who is suing his lender in Superior Court of California in Sacramento on allegations that he was defrauded, wanted a 30-year fixed-rate loan, according to his complaint. His broker told him the only one available was an adjustable-rate mortgage carrying an 8% interest rate, according his court filing.

Mr. Bledea, who says he has limited English-speaking skills, was told that he’d be able to exit the risky loan in six months and refinance into yet another one carrying a lower 1% rate. Mr. Bledea agreed to take out the $531,000 loan on July 21, 2006.

The new loan never materialized. Within months, Mr. Bledea and his family were struggling under the weight of a $5,800 monthly note, says his son, Joe Bledea.

“We were putting ourselves in a lot of debt,” Joe Bledea says. By spring of 2009, the loan was in default. The elder Mr. Bledea is now appealing to the court to avoid eviction from his ranch-style house, says family attorney Will Ramey.

The deal in which Goldman Sachs, according to the SEC, defrauded some of its investors made hedge-fund king John Paulson a billion dollars. It all pivoted on hundreds of thousands of ordinary homeowners defaulting on their mortgages. WSJ’s Anton Troianovski reports.

The loan, underwritten by Washington Mutual, itself had moved through the U.S. mortgage machine.

It was put into a debt pool, or residential-mortgage backed security, with the arcane name of Long Beach Mortgage Loan Trust 2006-8.

A spokesman for J.P. Morgan Chase & Co., which acquired WaMu in September of 2008, said the bank was unable to comment on the loan.

By mid-October of 2007, just seven months after Abacus was formed, 83% of the bonds in its portfolio had been downgraded. By then, sheriff departments across the U.S. were seizing homes and putting them up for sale at public auction as souring Abacus-related loans metastasized.

In Dayton, Ohio, a two-story home that served as collateral for Abacus now stands empty. The house was purchased for $75,000 in 2006 by a borrower who used a subprime loan from a California-based mortgage bank. That $67,500 loan was placed into a pool called Structured Asset Investment Loan Trust 2006-4, which underpinned Abacus.

After the borrower defaulted, the trust acquired the home through foreclosure in October 2007 and resold it to an investor in April 2008 for $7,500, a tenth of the price paid two years before.

Neighbor Lonnie Ross, sitting on the porch Tuesday morning while enjoying a cigarette, says most homes on the block are vacant or occupied by squatters.

Inside the unoccupied house, which is missing its front door knob, hardwood floors are strewn with old bills. A fake Christmas tree is still decorated with candy canes. Instant pudding and other discarded food litters the kitchen. Dirty dishes are soaking in a sink.

A few blocks away, a homemade sign reads: “This community is dead already. We need leadership to rebuild this community. Too many run down houses need to be torn down.”

News Hub: John Paulson Bullish on Housing

4:15John Paulson, the hedge-fund manager famous for betting against mortgage securities, is now bullish on the U.S. housing market and the economy. MarketWatch reporter Alistair Barr has details.

But not all homes have gone south.

In a wealthy Denver neighborhood, neighbors are thrilled that Joel Champagne rescued a house on East Alameda Circle, where a previous mortgage was contained in the Abacus deal via a pool called First Franklin Mortgage Loan Trust 2006-FF9.

Mr. Champagne bought the home last year for $370,000. The prior owner, according to title records, had paid $1.2 million, borrowing the entire amount from First Franklin. The owner had started on a renovation and then vanished, says Mr. Champagne and neighbors, leaving the home with no plumbing, wiring or roof shingles.

Today, kids’ chalk drawings are scrawled across the drive and hyacinths are starting to peep through the flower beds.

“I’m very fortunate. We capitalized on the market and we were very fortunate to be in a position to do that,” says the 45-year- old. “I don’t know enough details to say if I’m upset with Goldman Sachs or whoever. The problem’s bigger than that. Everyone made a lot of mistakes back then.”

—Stephanie Simon, James R. Hagerty, Serena Ng, Cari Tuna contributed to this article.

Write to Carrick Mollenkamp at carrick.mollenkamp@wsj.com, Mark Whitehouseat mark.whitehouse @wsj.com and Anton Troianovski at anton.troianovski@wsj.com

Posted in goldman sachs0 Comments

Lender Processing Services (LPS): "Many of these people are gaming the system"

Lender Processing Services (LPS): "Many of these people are gaming the system"

Dear Mr. Jadlos,

Exactly who is gaming what sir? Please see this post and lets call it BULLSHIT! 

Foreclosure Backlog Helps Troubled Borrowers

21 April 2010 @ 03:03 pm EDT

An estimated 1.4 million borrowers have failed to pay their mortgages in more than a year, but continue to live in the properties, according to Lender Processing Services, which tracks mortgages on 40 million homes.

Under the new government regulations, it takes banks 14 months to evict nonpaying borrowers – longer in some states. “Many of these people are gaming the system,” said Ted Jadlos, a managing director at Lender Processing.

Also, banks aren’t in a hurry because once they take possession of a property they must write down its value to reflect market price. Plus, unoccupied homes are more likely to fall into disrepair or be vandalized.

Some analysts predict that this shadow inventory will cause prices to slide further, but so far it’s not happening.

Reprinted from REALTOR® Magazine Online with permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright

Posted in concealment, conspiracy, corruption, DOCX, FIS, foreclosure fraud, foreclosure mills, Former Fidelity National Information Services, fraud digest, Law Offices Of David J. Stern P.A., Lender Processing Services Inc., LPS, Lynn Szymoniak ESQ, robo signer, robo signers3 Comments

DJSP Enterprises, Inc. to Handle Processing for National Foreclosure Alternative Program for Leading Mortgage Lender

DJSP Enterprises, Inc. to Handle Processing for National Foreclosure Alternative Program for Leading Mortgage Lender

The PROOF is in coding…Figure this one out! 

DJSP’s Expertise and Comprehensive Electronic Platform Will Expedite Lender’s New, Alternative Foreclosure Initiative

PLANTATION, Fla., April 21 /PRNewswire-FirstCall/ — DJSP Enterprises, Inc., (Nasdaq: DJSP) one of the largest providers of processing services for the mortgage and real estate industries in the United States, today announced that it has been selected to process files for a national mortgage lender, one of the country’s top mortgage servicers, to be one of the primary vendors supporting its national foreclosure alternative program.

DJSP will process files for this national mortgage servicer’s national “deed in lieu” initiative, a major component of its foreclosure alternative program, which is designed to help homeowners who are behind in their mortgage payments transition out of their homes without having to go through the foreclosure process.

David Stern, President and CEO of DJSP Enterprises, Inc. adds, “We are extremely excited to be a part of this servicer’s program, an initiative that is seen as a joint effort between homeowners and mortgage lenders to help resolve the nation’s housing crisis. This transition process is viewed by many in the industry as being beneficial to both homeowners and mortgage holders. For the homeowners, it is less damaging to their credit scores, generally relieves them of any deficiencies and allows them to stay in their homes for a transitional period of time. For the mortgage holder, it reduces the legal costs and expedites the transfer process back to them. Ultimately this reduces the carrying costs for our client compared to a foreclosure. In addition, the program includes a provision for relocation assistance provided by the lender to the homeowner. Due to client demand we have moved to aggressively grow this division of our business.”

Mr. Stern concluded, “Because of the quality of services provided to this national mortgage lender for years, they understand and appreciate the level of professionalism and efficiency we bring to all aspects of the financial services business. They also understand that DJSP’s electronic platform is uniquely positioned to underpin this initiative, as it is able to provide the quality of service needed at a reasonable price. Additionally, following the closing of our recently announced agreement to acquire the national title insurance agency, Timios, Inc., we will have the control necessary to meet client deadlines on a consistent basis across the country. Timios will become a wholly owned subsidiary of DJSP, providing title search, document preparation, signing services and title policies on deed in lieu’s nationwide. Expanding our ability to fulfill title and closing services beyond Florida will give us the ability to provide the same high level of service our clients enjoy with us in Florida. We are looking forward to offering this best in class service to other clients in the very near future.”

The closing of the previously announced acquisition of Timios, Inc. is subject to customary due diligence, closing conditions and regulatory approvals.

About DJSP Enterprises, Inc.

DJSP is the largest provider of processing services for the mortgage and real estate industries in Florida and one of the largest in the United States. The Company provides a wide range of processing services in connection with mortgages, mortgage defaults, title searches and abstracts, REO (bank-owned) properties, loan modifications, title insurance, loss mitigation, bankruptcy, related litigation and other services. The Company’s principal customer is the Law Offices of David J. Stern, P.A. whose clients include all of the top 10 and 17 of the top 20 mortgage servicers in the United States, many of which have been customers for more than 10 years. The Company has approximately 1000 employees and contractors and is headquartered in Plantation, Florida, with additional operations in Louisville, Kentucky and San Juan, Puerto Rico. The Company’s U.S. operations are supported by a scalable, low-cost back office operation in Manila, the Philippines that provides data entry and document preparation support for the U.S. operation.

Forward Looking Statements

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, about DJSP Enterprises, Inc. Forward looking statements are statements that are not historical facts. Such forward-looking statements, based upon the current beliefs and expectations of the Company’s management, are subject to risks and uncertainties, which could cause actual results to differ from the forward looking statements. The following factors, among others, could cause actual results to differ from those set forth in the forward-looking statements: business conditions, changing interpretations of generally accepted accounting principles; outcomes of government or other regulatory reviews, particularly those relating to the regulation of the practice of law; the impact of inquiries, investigations, litigation or other legal proceedings involving the Company or its affiliates, which, because of the nature of the Company’s business, have happened in the past to the Company and the Law Offices of David J. Stern, P.A.; the impact and cost of continued compliance with government or state bar regulations or requirements; legislation or other changes in the regulatory environment, particularly those impacting the mortgage default industry; unexpected changes adversely affecting the businesses in which the Company is engaged; fluctuations in customer demand; the Company’s ability to manage rapid growth; intensity of competition from other providers in the industry; general economic conditions, including improvements in the economic environment that slows or reverses the growth in the number of mortgage defaults, particularly in the State of Florida; the ability to efficiently expand its operations to other states or to provide services not currently provided by the Company; the impact and cost of complying with applicable SEC rules and regulation, many of which the Company will have to comply with for the first time after the closing of the business combination; geopolitical events and changes, as well as other relevant risks detailed in the Company’s filings with the U.S. Securities and Exchange Commission, (the “SEC”), including its report on Form 20-F for the period ended December 31, 2009, in particular, those listed under “Item 3. Key Information – Risk Factors.” The information set forth herein should be read in light of such risks. The Company does not assume any obligation to update the information contained in this press release.

Company Contact:
David J. Stern
Chairman and CEO
DJSP Enterprises, Inc.
Phone: 954-233-8000
Email: dstern@dstern.com
or
Kumar Gursahaney
Executive Vice President and CFO

DJSP Enterprises, Inc.
Phone: 954-233-8000
Email: kumar@dstern.com
Investor Contact:
Hayden IR

Cameron Donahue
Phone: 651-653-1854
Email: cameron@haydenir.com

SOURCE DJSP Enterprises, Inc.

Posted in Law Offices Of David J. Stern P.A.0 Comments

Foreclosure candidates travel to Tallahassee to ensure their day in court: TampaBay.com

Foreclosure candidates travel to Tallahassee to ensure their day in court: TampaBay.com

Foreclosure candidates travel to Tallahassee to ensure their day in court

By Robert Trigaux, Times Business Columnist
Posted: Apr 21, 2010 05:19 PM

About 60 people from Tampa Bay and West Palm Beach gladly climbed aboard buses in the middle of the night to arrive Wednesday morning outside the Capitol in Tallahassee just to press one issue with legislators.

We may be facing foreclosure on our homes, protesters told elected officials. But do not take away our right to have our day in court before an impartial judge. Do not switch the burden of proof from lender to homeowner. And do not empower banks to pursue “nonjudicial procedures” just to speed up foreclosure proceedings and boot homeowners out of their own houses in just three months.

At 63, Woody Ryan’s been fighting his own foreclosure for more than a year. He hopped aboard a chartered bus in Sarasota at 2 a.m. It made a 3 a.m. stop for passengers in Tampa before speeding on to Tallahassee.

“I came because I wanted to let legislators know that the measures (to alter the foreclosure process) would create definite harm to the rights of people in Florida,” Ryan said via phone from Tallahassee.

One measure, pushed by the Florida Bankers Association and sponsored by Sen. Mike Bennett, R-Bradenton, ran out of steam last week. A second measure was targeted by the protesters who know enough about politics to realize anything can happen before the session ends.

Florida attorneys who represent folks facing foreclosure are raising red flags over some dangerous legal shortcuts and misrepresentations becoming the norm in a court system awash in foreclosures. The lawyers say many mortgage lenders and their lawyers working for so-called “foreclosure mills” are, in effect, creating “legal” documents with false signatures, and trying to pass them off in court as proof that suing lenders legitimately own the mortgage paper on homes they are trying to seize.

Tampa Bay attorney Mark Stopa, who traveled Wednesday to Tallahassee, represents about 300 area homeowners in foreclosure. Earlier this week, he showed me examples of documents known as “assignment of mortgages” that are supposed to identify the rightful bank owner of a mortgage on a home.

Many such documents are being doctored to appear legitimate. But the lender that made the original mortgage to the then new homeowner never legally handed over that mortgage to the institution now seeking to foreclose.

Stopa says banks already get away with this most of the time because 90 percent of all foreclosure proceedings happen without legal counsel, outside of court, by already financially drained homeowners.

State courts overwhelmed by the volume of foreclosures have been slow to recognize and respond to the corruption of legal documents.

Still, says Stopa, as troubling as foreclosure cases may be in court, they sure beat just letting banks — lenders that may or may not be the rightful mortgage owner — push homeowners out of their houses.

“I trust judges more than bankers,” Stopa says, “and that’s what this boils down to.”

This isn’t just about slippery or careless banks. Many homeowners failed to pay their mortgages. They will eventually have to give up their houses.

But this absolutely is about folks getting a fair shake in an impartial court — without the deception of mass-produced paperwork.

Contact Robert Trigaux at trigaux@sptimes.com

[Last modified: Apr 21, 2010 05:19 PM]

Posted in foreclosure fraud0 Comments

Rally in Tally to fight new foreclosure bill that would change Florida foreclosure laws

Rally in Tally to fight new foreclosure bill that would change Florida foreclosure laws

Rally in Tally to fight new foreclosure bill that would change Florida foreclosure laws

 Grayson Kamm    

Tampa, Florida — The idea of foreclosures that happen months faster and never go before a judge has some homeowners so angry, they piled onto a bus bound for Tallahassee hours before sunrise Wednesday.

It may have been the wee hours, but these folks were fired up.

A bus scooped up a handful of people at International Plaza in Tampa, and organizers expected to have about two-dozen upset homeowners on board by the time the bus made the last of its passenger pickups and rolled into Florida’s capital at around 8:30 a.m.

The bus-riding protestors are angry about a proposed foreclosure law that’s being pushed in the Florida Legislature by the banking industry.

If the bill is passed, foreclosing banks would be able to switch from a “judicial” to a “non-judicial” foreclosure process. That means — if a bank chooses — a judge would be removed from a foreclosure case, and the dispute would be handled directly between the foreclosing bank and the homeowner.

The process would apply mainly to second homes or rental homes; houses that have a homestead exemption on them would still need a judge’s involvement before the homeowners could be evicted and foreclosed on.

If the change is approved, it could dramatically speed up some kinds of foreclosures.

A “non-judicial” foreclosure could be wrapped up in as little as three months. Judicial foreclosures currently often take more than a year.

Bankers, who are backing the bill, say it will help Florida clear up the backlog of hundreds of thousands of foreclosure cases plugging up the state’s court system.

Supporters also say the bill would help neighbors of empty foreclosed properties by getting those homes back on the market, and help condo associations by putting new owners who will pay association dues into foreclosed units that don’t currently contribute to building maintenance.

Folks fighting against the proposal say it takes away the guarantee that no one will be “deprived of life, liberty, or property, without due process of law” promised by the U.S. Constitution, and the proposal would hand over too much power to banks.

The bus to Tallahassee from Tampa was paid for by the Stopa Law Firm, which handles foreclosure cases in the middle of Florida. The Tampa bus will be joined by similar buses from other parts of the state in Tallahassee.

The bill they’re arguing against originally had the questionable title of “Florida Consumer Protection and Homeowner Credit Rehabilitation Act,” but has since been given more realistic names in the Florida House and Senate.

Both the House and Senate versions of the latest bills, HB 1523 and SB 2270, seemed to die in committee earlier this month, but opponents fear the bills may still be revived this year or next year.

Connect with 10 Connects multi-media journalist Grayson Kamm on Twitter as @graysonkamm, on his Facebook page, or by e-mail at this link.

Posted in foreclosure fraud0 Comments

MISSION: VOID Lender Processing Services "Assignments" (LPS)

MISSION: VOID Lender Processing Services "Assignments" (LPS)

Before the great article AMIR EFRATI and CARRICK MOLLENKAMP wrote in The Wall Street Journal called U.S. Probes Foreclosure-Data Provider:Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork and then my post LENDER PROCESSING SERVICES (LPS) Hits Local NEWS!, many recall the BOGUS ASSIGNMENTS 2…I’m LOVING this!! LPS DOCx ADMISSIONS SEC 10K ROOFTOP SHOUT OUT! &  BOGUS ASSIGNMENTS 3…Forgery, Counterfeit, Fraud …Oh MY! posts.

Lynn Szymoniak, ESQ. of Fraud Digest precise skills unraveling this massive scheme has placed spot lights and raised many eyebrows on Foreclosure Mill’s strategies and what they are fabricating with the help of LPS on the courts. One can read EXTRA! EXTRA! Read All about the misconduct of Lender Processing Services f/k/a FIDELITY a/k/a LPS and Fidelity’s LPS Secret Deals With Mortgage Companies and Law Firms to witness some cases of alleging fraud.

Lynn recently wrote an Open Letter to Honorable Judges in Foreclosure and Bankruptcy Proceedings.

Lender Processing Inc. is the TIP of The Pyramid; please click the link to see their admission to this whole scheme of fraud in question. As it turns out Big Brother has been watching! Anyone want shares NOW?? Goldman had met with LPS on 2/23 in a GS’s Tecnology and Internet Confrence Presentation. In turn of events following the Wall Street Journal story and amongst many other media articles displaying LPS’s on-going investigations, Brian Chip’s article on SmarTrend identified a Downtrend for Lender Processing Services (NYSE: LPS) on March 31, 2010 at $38.26 stating “In approximately 2 weeks, Lender Processing Services has returned 3.3% as of today’s recent price of $36.99. Lender Processing Services is currently below its 50-day moving average of $38.94 and below its 200-day moving average of $37.98. Look for these moving averages to decline to confirm the company’s downward momentum”. Then two days later LPS (NYSE: LPS) climbed 1.16% to $37.42 after Goldman Sachs upgraded the company’s share from Neutral to Buy with an one year price target of $48. How lucky right? So I guess GS has every right to upgrade LPS since their last meeting with them on possible involvement. But the world is now well aware of GS’s shenanigans thanks to LOUISE STORY and GRETCHEN MORGENSON’s article in the New York Times U.S. Accuses Goldman Sachs of Fraud: THE NEW YORK TIMES, According to the complaint, Goldman created Abacus 2007-AC1 in February 2007, at the request of John A. Paulson, a prominent hedge fund manager who earned an estimated $3.7 billion in 2007 by correctly wagering that the housing bubble would burst. Should we put any vailidity into their ratings or upgrades? NOT!

The good thing that came along the 10’s of thousands of visits within the last month, this blog has been used in several court houses.

CHEER UP, ONWARD!

Joining efforts along with 4closurefraud’s beautifully WRITTEN IN WEASEL, SO GET OUT YOUR DICTIONARY OF WEASELEASE – FNF, FIS, DOCX, LPS and ForeclosureHamlet’s amazing article Stopping A Defective Title Wave With A Coupla Outstretched Helping Hands. They have knocked on doors, got media attention and ran with Homeowners and Attorneys Meet in Tallahassee To Celebrate Homeowner Rights And The Rule of Law with the help of attorney’s Matthew Weidner, Thomas Ice and others!

Today I am happy to say progress is in the making!

Please pass out the samples of these video’s below…

We are being heard LOUD & CLEAR!

Actual Court Filings throughout the nation of BOGUS Filings Below!

[youtube=http://www.youtube.com/watch?v=3tL8mNL4bYw]

[youtube=http://www.youtube.com/watch?v=hY4aRn6bWKg&hl=en_US&fs=1&]
[youtube=http://www.youtube.com/watch?v=hn-5KN_vvMw&hl=en_US&fs=1&]

[youtube=http://www.youtube.com/watch?v=LoSPTjd_PXM]
[youtube=http://www.youtube.com/watch?v=SD6XUboT1JM&hl=en_US&fs=1&]

[youtube=http://www.youtube.com/watch?v=kkMeuSB68E4&hl=en_US&fs=1&]

STOP THESE UNLAWFUL FORECLOSURES FROM CONTINUING ASAP.

SEND THIS TO EVERYONE YOU KNOW!

DON’T QUIT!

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in foreclosure fraud8 Comments

RALLY in TALLY Activists Heading to Tallahassee to Oppose Judicial Foreclosures…They are OFF!!

RALLY in TALLY Activists Heading to Tallahassee to Oppose Judicial Foreclosures…They are OFF!!

Just spoke with Foreclosure Hamlet & 4closurefraud:

They are on the bus and on their way to Jacksonville… Follow 4closurefraud tweets here

‘Angel’ of Foreclosure Defense April Charney will kick things off at the Rally in Tally!

Come hear April Charney speak to a crowd of fellow Foreclosure Fraud Fighters at 9 am!

Be sure to Join us at The Rally in Tally Wednesday April 21st, 2010 for a full day at the Capitol

Come tell YOUR Story

We Hope to See YOU There!

Posted in Rally in Tally0 Comments

New MERS Standing Case Splits Note and Mortgage: Bellistri v Ocwen Loan Servicing, Mo App.20100309

New MERS Standing Case Splits Note and Mortgage: Bellistri v Ocwen Loan Servicing, Mo App.20100309

Source: Livinglies

From Max Gardner – QUIET TITLE GRANTED

Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED

“When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless”

Editor’s Note:

We know that MERS is named as nominee as beneficiary. We know that MERS is NOT named on the note. This appellate case from Missouri, quoting the Restatement 3rd, simply says that the note was split from the security instrument, and that there is no enforcement mechanism available under the Deed of Trust. Hence, the court concludes, quiet title was entirely appropriate and the only remedy to the situation because once the DOT and note are split they is no way to get them back together.

NOTE: THIS DOES NOT MEAN THE NOTE WAS INVALIDATED. BUT IT DOES MEAN THAT IN ORDER TO PROVE A CLAIM UNDER THE NOTE OR TO VERIFY THE DEBT, THE HOLDER MUST EXPLAIN HOW IT ACQUIRED ANY RIGHTS UNDER THE NOTE AND WHETHER IT IS ACTING IN ITS OWN RIGHT OR AS AGENT FOR ANOTHER.

The deed of trust, …did not name BNC [AN AURORA/LEHMAN FRONT ORGANIZATION TO ORIGINATE LOANS] as the beneficiary, but instead names Mortgage Electronic Registration System (MERS), solely as BNC’s nominee. The promissory note does not make any reference to MERS. The note and the deed of trust both require payments to be made to the lender, not MERS.

a party “must have some actual, justiciable interest.” Id. They must have a recognizable stake. Wahl v. Braun, 980 S.W.2d 322 (Mo. App. E.D. 1998). Lack of standing cannot be waived and may be considered by the court sua sponte. Brock v. City of St. Louis, 724 S.W.2d 721 (Mo. App. E.D. 1987). If a party seeking relief lacks standing, the trial court does not have jurisdiction to grant the requested relief. Shannon, 21 S.W.3d at 842.

A Missouri appellate court, without trying, may have drawn a map to a defense to foreclosures-if borrowers can figure it out before the Missouri Supreme Court overturns the decision in Bellistri v Ocwen. The opinion shows how an assignment of a loan to a servicing company for collection can actually make the loan uncollectible from the mortgaged property.

This case concerns the procedures of MERS, which is short for Mortgage Electronic Registration Service, created to solve problems created during the foreclosure epidemic of the 1980s, when it was sometimes impossible to track the ownership of mortgages after several layers of savings and loans and banks had failed without recording assignments of the mortgages. The MERS website contains this explanation:

MERS is an innovative process that simplifies the way mortgage ownership and servicing rights are originated, sold and tracked. Created by the real estate finance industry, MERS eliminates the need to prepare and record assignments when trading residential and commercial mortgage loans.

MERS is the named mortgage holder in transactions having an aggregate dollar value in the hundreds of billions, and its service of providing a way to trace ownership of mortgages has played a large role in the securitization of mortgages and the marketability of derivative mortgage-backed securities, because it seemed to eliminate the necessity of recording assignments of mortgages in county records each time the ownership of a mortgage changed, allowing mortgage securities (packages of many mortgages) to be traded in the secondary market, with less risk.

This case began as a routine quiet title case on a collector’s deed, also known as a tax deed. Following the procedure by which people can pay delinquent property taxes and obtain the ownership of the delinquent property if the owner or lien holder fails after notice to redeem, Bellistri obtained a deed from the Jefferson County (Mo.) collector.

Because of the possibility of defects in the procedures of the county collectors and in the giving of proper notices, the quality of title conferred by a collector’s deed is not insurable.

A suit to cure the potential defects (called a “quiet title suit”) is required to make title good, so that the property can be conveyed by warranty deed and title insurance issued to new lenders and owners. The plaintiff in a quiet title suit is required to give notice of the suit to all parties who had an interest in the property identified in the collector’s deed.

A borrower named Crouther had obtained a loan from BCN Mortgage. The mortgage document (called a deed of trust) named MERS as the holder of the deed of trust as BCN’s nominee, though the promissory note secured by the deed of trust was payable to BCN Mortgage and didn’t mention MERS.

Crouther failed to pay property taxes on the mortgaged property.

Bellistri paid the taxes for three years, then sent notice to Crouther and  BNC that he was applying for a collector’s deed. After BNC failed to redeem (which means “pay the taxes with interest and penalties,” so that Bellistri could be reimbursed), the county collector issued a collector’s deed to Bellistri, in 2006.

Meanwhile, MERS assigned the promissory note and deed of trust to Ocwen Servicing, probably because nobody was making mortgage payments, so that Ocwen would be in a position to attempt to (a) get Crouther to bring the loan payments up to date or (b) to foreclose, if necessary. But this assignment, as explained below, eliminated Ocwen’s right to foreclose and any right to the property.

Bellistri filed a suit for quiet title and to terminate any right of Crouther to possess the property. After discovering the assignment of the deed of trust to Ocwen, Bellistri added Ocwen as a party to the quiet title suit, so that Ocwen could have an opportunity to prove that it had an interest in the property, or be forever silenced.

Bellistri’s attorney Phillip Gebhardt argued that Ocwen had no interest in the property, because the deed of trust that it got from MERS could not be foreclosed. As a matter of law, the right to foreclose goes away when the promissory note is “split”  from the deed of trust that it is supposed to secure. The note that Crouther signed and gave to BNC didn’t mention MERS, so MERS had no right to assign the note to Ocwen. The assignment that MERS made to Ocwen conveyed only the deed of trust, splitting it from the note.

When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless. Ironically, the use of MERS to make ownership of the note and mortgage easier to trace also made the deed of trust unenforceable. Who knows how many promissory notes are out there that don’t mention MERS, even though MERS is the beneficiary of the deed of trust securing such notes?

O. Max Gardner III

Gardner & Gardner PLLC

PO Box 1000

Shelby NC 28151-1000

704.418.2628 (C)

704.487.0616 (O)

888.870.1647 (F)

704.475.0407 (S)

maxgardner@maxgardner.com
max@maxinars.com
www.maxgardnerlaw.com
www.maxbankruptcybootcamp.com
www.maxinars.com
www.governoromaxgardner.com
Next Boot Camp:  May 20 to May 24, 2010

[ipaper docId=30265165 access_key=key-2h0dbrb0moblvjinvom height=600 width=600 /]

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in foreclosure fraud, foreclosure mills, forensic mortgage investigation audit, livinglies, Mortgage Foreclosure Fraud, neil garfield4 Comments

Small Foreclosure Firm’s Big Bucks: Back Office Grossed $260M in 2009: ABAJOURNAL

Small Foreclosure Firm’s Big Bucks: Back Office Grossed $260M in 2009: ABAJOURNAL

Posted Apr 20, 2010 11:59 AM CDT
By Martha Neil

The Law Offices of David J. Stern has only about 15 attorneys, according to legal directories.

However, it’s the biggest filer of mortgage foreclosure suits in Florida, reports the Tampa Tribune. Aided by a back office that dwarfs the law firm, with a staff of nearly 1,000, the Miami area firm files some 5,800 foreclosure actions monthly.

The back-office operation, DJSP Enterprises, is publicly traded and hence must file financial reports with the Securities and Exchange Commission. It netted almost $45 million in 2009 on a little over $260 million in gross revenue that year. The mortgage meltdown of recent years apparently has been good to the company: In 2006, it earned a profit of $8.6 million on $40.4 million in revenue.

Stern, who is the company’s chairman and chief executive officer, could not be reached for comment, the newspaper says.

His law firm has been in the news lately, after one Florida judge dismissed a foreclosure case due to what he described as a “fraudulently backdated” mortgage document, and another said, in a hearing earlier this month concerning another of the Stern firm’s foreclosure cases, “I don’t have any confidence that any of the documents the court’s receiving on these mass foreclosures are valid.”

Earlier coverage:

ABAJournal.com: “Judge Dismisses Mortgage Foreclosure Over ‘Fraudulently Backdated’ Doc”

Posted in Law Offices Of David J. Stern P.A.1 Comment

TILA Statute of Limitations

TILA Statute of Limitations

Source: Livinglies

Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that.

First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so for MOST claims arising under securitization where almost every real detail of the transaction was hidden and intentionally withheld, the one year rule does not apply.

Second, the statute of limitations does not BEGIN to run until the date that the violation is revealed. In most cases this will be when the homeowner knows or should have known that the loan was securitized. Since the pretender lenders are so strong on the point that securitization does not affect enforcement, the best point in time for the statute to run is when a forensic analyst or expert tells the homeowner that TILA violations exist.

And THEN, in those cases where the information was hidden, the statute of limitations is three years from the date the information was revealed.

So when you go after undisclosed fees, profits and other compensation of any kind, you are not cut off by one year because — by definition they were not disclosed. The only way the other side can get out of that is by admitting the existence of the fee, and then showing that it WAS disclosed — presumably through yet another fabricated document, signed by a non-existent person with non existent authroity with non- existent witnesses and notarized by someone three thousand miles away (whose notary stamp and forged signature was applied to hundreds of pages of blank documents for later use). [Brad Keiser was the one who discovered this tactic by doing what most forensic analysts don’t do — actually reading every piece of paper sent by the pretender lender and every piece of paper provided by the homeowner. Case law shows that where the notary was improperly applied — and there are many ways for it to be improperly applied, the notary is void. If the statute requires recording the document in the public records, then the document so notarized shall be considered as NOT being in the public records and is ordered expunged from those records].

This comment from Rob elaborates:

Regarding the TILA Statute of Limitations:

STATUTE OF LIMITATIONS
When a violation of TILA occurs, the one-year limitations period applicable to actions for statutory and actual damages begins to run. U.S.C. § 1641(e).
A TILA violation may occur at the consummation of the transaction between a creditor and its consumer if the transaction is made without the required disclosures.
A creditor may also violate TILA by engaging in fraudulent, misleading, and deceptive practices that conceal the TILA violation occurring at the time of closing. Often consumers do not discover any violation until after they have paid excessive charges imposed by their creditors. Consumers who later learn of the creditor’s TILA violations can allege an equitable tolling of the statute of limitations. When the consumer has an extended right to rescind or
pursue other statutory remedies because a violation occurs, the statute of limitations for all the damages the consumers seek extends to three years from the date the violation is revealed.
McIntosh v. Irwin Union Bank & Trust Co., 215 F.R.D. 26, 30 (D. Mass. 2003).

© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in forensic mortgage investigation audit, tila0 Comments

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