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Showing posts with label Bankruptcy. Show all posts
Showing posts with label Bankruptcy. Show all posts

Wednesday, November 11, 2009

There are Still too Many Houses

House prices have pulled out of their free fall, but don't expect them to recover until we work through a huge property glut.

By Colin Barr, senior writer Last Updated: November 11, 2009: 9:08 AM ET

NEW YORK (Fortune) -- The lights are on in the housing market. But at more and more places, nobody's home. House prices have risen in recent months after a long plunge, according to the National Association of Realtors and the S&P Case-Shiller national index. Fewer Americans owe more than their property is worth, according to a report this week from Zillow.com.

But a full-fledged housing recovery will remain elusive until the market can absorb all the houses and apartments that were built during the housing boom. And on that front, progress has been slow. About one in seven housing units was vacant in the third quarter, according to the Census Department. This year has registered the highest reading since the government began collecting such data in 1965.

Part of the glut comes from a rash of foreclosures as strapped borrowers fall behind on their mortgages. But rental apartments are emptying out at a record clip as well, as a spike in the jobless rate and a decade of subpar wage growth have sent many Americans back home to live with Mom and Dad.

And some owners, such as Treasury Secretary Tim Geithner, have decided to rent their houses out after they couldn't sell them. "There's just too many houses out there for the population we have," said Brian Peterson, an economist at Indiana University who focuses on housing. "The market's going to take a couple years to clear."

The homeowner vacancy rate dropped to 2.6% in the third quarter from 2.8% a year ago, when homeowner vacancies hit their all-time high. But a jump in the rental vacancy rate, to 11.1% from 9.9% a year earlier, more than offset that decline. Because twice as many people own their homes as rent, the total vacancy rate -- 14.5% in the third quarter -- exceeds the sum of the homeowner and rental vacancy rates.

The rise in vacancies comes after a decade in which homebuilders, motivated by easy financing and rising prices, built many more homes than the U.S. needed. About 1.2 million households are formed each year, on average, according to government estimates. But housing starts averaged 1.7 million a year between 1996 and 2006, when the boom topped out.

"There was some overbuilding during that period," said Walter Molony, a public affairs specialist at the National Association of Realtors. Since then, housing starts have dropped sharply, allowing the market to soak up some of the excess. And prices have dropped precipitously in the most overbuilt markets in the South and West, luring some buyers off the sidelines. Peterson also notes that the vacancy numbers have expanded over the years to include more types of vacant homes, such as seasonally occupied beach houses.

Meanwhile, tax credits, mortgage modifications and government mortgage market support have helped slow the decline of house prices. Federal mortgage purchases have brought down 30-year mortgage rates by a third of a point, according to Wall Street estimates. More than 350,000 Americans have used the $8,000 homebuyer tax credit to buy their first house, according to industry data.

But because most of those buyers were presumably renters beforehand, their purchases filled one vacancy while creating another. The biggest factor working for a recovery now, Peterson said, is that buyers who were once priced out of many housing markets are being lured in by lower prices. But those people may not take the plunge until their job prospects firm up, he added. That may take a while at a time when unemployment is at a 26-year high and the economy has shed jobs for 22 straight months.

"We need those people to start buying houses and starting families," he said.

First Published: November 10, 2009: 12:48 PM ET

Saturday, April 04, 2009

Why Go After Livinglies and Garfield Web Viewers

Dear Attorney, You submitted the license concerns, Bar and practice issues. THANK YOU for championing a novel concept for never practicing law or interfering with an attorney client relationship. However, I do have concerns that ask why go after Livinglies website which has absolutely nothing to do with the promotion of practicing unlawfulness and the State Bar. This is not about trying to replace an attorney’s role. It’s about finding one and avoiding malpractice! It’s about the lack of knowledgeable for Mortgage Loan Hieroglyphics, Acceptance Zen and the Prospects of Underwriter Life Developing on Mars. So what do you know and are you the pro bono elixir each homeowner is waiting for? What is your email address for the readers suffering right now! The few who understand this toxic-thermal mortgage mess are gone and were hired up by the lobbying effort and paid for from institutional earnings stolen from cash strapped investors and borrowers. If you need medical treatment for an ailment - seek out a physician licensed by the appropriate medical board. What if for treating an immediate medical emergency or suffering brought by a cataclysmic destructive event such as an earthquake? A humanitarian view is to use any training (CPR) and resources around you (shirt of your back) to restore breathing, halt bleeding and save lives. Woe to the attorney that dare step forward and require a license of the party who saves a life in an emergency. It’s your kind however that will bring arguments and demands upon fellow men after the human condition is restored and suffering and bleeding are long forgotten. So will the Bar force attorney’s to get up to speed, stop taking money for nothing of value and to represent homeowners for a reasonable fee. Please Counsel, embrace this effort, jump in and Assist those who are suffering the humiliation and threat of loss from a foreclosure and that which does not what meet the eye. That loss is family, friend’s school and unfortunately identity. The compassion is felt by many notable past and current Attorney Generals who I am sure like I want to know your motivation. You need to help these people as a lawyer then and get going! The lender will not offer assistance without a calling card and that is a pleading. No one advocates practicing law where only an attorney can - but they do ask the attorneys of the United States to take the next 20 years to get up to speed. What do these people do? I am an expert who offers case management services and courtroom testimony to attorneys who can meet my stringent requirements for borrower eligibility. 1) victim to a predatory loan 2) Loosing their home 3) Have nowhere to go 4) Promise to detach* * That means they promise not to kill themselves regardless of the end result. At first glance and upon talking to lawyers on both sides, counsel will typically start with an insult and ask if I am an attorney. I say no sir, no apology necessary. An expert is not an attorney and really more an accountant (auditor) by trade. But I know this much. A lawsuit is a civil action brought in a court of law by a plaintiff seeking relief from the court against the party named as the defendant. And in most instances, a lawsuit contains a request for monetary damages. And lenders won’t talk seriously to you without your request being made in a pleading According to a random reference book I found, Black’s something or other, “lawsuits can be brought for a large number of reasons such as breach of contract, seeking damages from an accident or other incident, seeking punitive damages if allowed by law, seeking an injunction to stop an action, for real estate disputes, dog biting people, neighbors walking across my yard to create a shorter path to one another and so on. Do you agree the list is endless? SO WHAT! Counsel, I would be foolish to see a dentist for neurosurgery. Yet I submit here that a divorce attorney is no more or less skilled at defending a wrongful foreclosure than is a Probate, Contract, Securities or Real Estate attorney. Each can argue a tort or breech yet none can seem to find it. Your sector of society will step in and argue the window dressing and wrapper but where’s the beef? I have been there to testify and heard the lawyer’s gibberish responses. You see I was the one who would not agreed to allow a securities offering to go forward while working on staff with lawyers as a consultant. And under protest I held back another toxic offering usually at the expense of missing my payment due for services rendered. Concerns were for why the issuance would fail under certain FASB and GAAP stress tests. I have also thrown people out of there home and know the tricks such as waiting near a holiday, Thanksgiving, Christmas and Valentines Day to make my point clear. “Make your payment regardless of the Quality Control audited findings and exposure we see on your loan while trying to shield our firm’s massive vulnerability”. We lenders, as a sector mingled over cocktail and supper in the plush dinning halls of the Mortgage Bankers Ballrooms found across the country. I would ask questions and wow! If you could hear the responses, from the leaders of . . . well, never mind. From Sub prime misfits to the elite of the industry. Companies like Citigroup have established itself as a powerful player in subprime market acquiring competitors and employing its vast capital resources and its name-brand respectability. A report cites CitiFinancial, its flagship subprime unit, claims 4.3 million customers and 1,600 plus branches in forty-eight states, including nearly 350 offices across the South. Things don’t stop with CitiFinancial, however. The web of subprime is woven throughout Citigroup. Sandy Weill’s company has refashioned itself into a full-service subprime enterprise—one that makes high-cost loans and sells securities backed by the income streams from all these transactions. In 2000, one study calculated, nearly three of every four mortgages originated within Citigroup’s lending empire were made by one of its higher-interest subprime affiliates—nearly 180,000 loans out of a total of 240,000-plus mortgages for the year. Why the attraction and what’s the best feature? High profitability or no downside in bad times? In similar situations our sub prime goal was maximize profitability by stimulating hyperactivity in good times and foreclosure trading in black markets in bad times. Point is do you really know the dirt in the detail and can you offer anything to a client who borrowers $5,000 for a retainer and has nothing to show for it at time of a trustees or sheriff sale. You’re the attorney! What class suits were you intimate or involved with? Want to talk about some of the questions surrounding Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 there under. If found violating the registration provisions, Sections 5(a) and 5(c) of the Securities Act. Help us, can you allow a plaintiff in a wrongful claim seek a judgment of permanent injunction, disgorgement and civil penalties against the Funding Entities, and disgorgement against certain Holdings, pending the matter? How about yours and my own experience or expert witness roles in case's such as - FTC v. Associates First Capital Corporation, Associates Corporation of North America, Citigroup Inc., and CitiFinancial Credit Company (Northern District of Georgia, Atlanta Division). Civil Action No. 1:01-CV-00606-JTC; and Federal Trade Commission, Plaintiff, v. First Alliance Mortgage Company, a California corporation, First Alliance Corporation, a Delaware corporation, First Alliance Mortgage Company, a Minnesota corporation, and Brian Chisick, Defendants, and Sarah Chisick, Relief Defendant (Central District of California, Southern Division), Civil No. SACV 00-964 DOC. Counsel you’re offering nothing more than a argument to own a license to fall back on and window dressing here with a lack of direction for legal guidence to address the dilemma. Consider the following: 1) The role of a CDO investment under an SEC Blue Sky for $300 million 2) Why a financial publicly traded monster like B of A. will use a Reg. D private placement intended for a small guy who could not afford the cost to register a shelf 3) Why the hell is Citi or B of A is accessing and investing capital in the name of a silly venture 4) Why are institutional giants (ENRON in Reverse) subjecting liquidity which is an “Asset” to off balance sheet treatment? (What the F#$%) 5) Does the behavior of a “Veg -O- matic” sliced and diced onion (I mean security) in a CDO really merit the highest rating possible by a rating agency 6) Were the “X” Rated services of Moody’s and Duff wrongful and deceptive or simply pawns giving no concerns to the manufactured 680 borrower score? 7) Why is the MERS and Lost Note gibberish continuing to smoke screen the role of principal participant involvement prohibited by FIERREA legislation 8) Why are derivatives trading a smoking gun for misaligned acceptance practices to unqualified borrowers? 9) How is GAPP and a ABA manifest the sole tool to bring down the structure big time capital investors are hiding under 10) Why did AIG take the bonuses knowing the back lash was inevitable (ask yourself that one as I for one think they deserve every cent for buying into the lies) I believe every civilized government provided its land barons the right of counsel before the king where land was seized from peasants in exchange for economic support (bribery) under a monarchy. Counsel came at a cost as it does today and was afforded only to the aristocratic minority who garnered the majority of the land and who could afford the protocol. That is to lawfully argue the right to steal land from another who could not afford to be represented. Our first President ensured the subjects of the crown were replaced with the citizens of a government. Washington proposed the ideal of a presiding leader voted in by the people for a set term. The right to revolt was replaced by the concept of the right to vote. And here’s a brilliant novel approach to deter anarchy and threat of coup. By allowing the citizens of a nation to share in the ownership of the land you remove the motivation to rally one and other against those who control the land and govern by tyranny and threat of force. There is evidence the lobbying effort of the mortgage banking industry are becoming more organized, gaining clout in the courts and monetarily growing by the day. Politicians seeking to help constituents at this time are eventually going to need funding to remain in office. Cash strapped and broke homeowners are not the best capitalized population of voter revenue a politician will seek out for assistance. The fight is not so much about the fact people are losing their homes as much as it is the myriad of current and foreseen circumstances casing them to lose their homes. Your remarks are just what the lobbying effort will use over time to crush the homeowner’s chances to survive. Home owner’s rights and survival refers the unbearable cost of seeking out a high priced lawyer’s retainer and menacing obstacle for lawyers who do not fully understand. By understand I mean as Garfield say’s “in the know” about Nuclear Thermal Devices (Carl Kop ESQ) and advanced Quantum Physics and Mortgage Acceptance and Beneficiary Rights to Recovery. If the Office of the Comptroller is asking why organizations like “ACON and “DOPE” can’t seem to procure any modifications – well sir, what we have here is an inability to communicate. Sub prime is not a discrimination issue either! So is this the best our lawyers can do for the average guy? The NAACP filing of a discrimination charge using a suit filed back in 2007. Wells Fargo Corp. and HSBC Holdings PLC are the target of separate lawsuits being filed by the NAACP, which alleges the banks were engaged in “systematic, institutionalized racism” in their subprime mortgage lending businesses. The lawsuits, which the NAACP said would be filed in U.S. District Court in California, allege that African-American homeowners were frequently steered into mortgages with higher interest rates than other borrowers with similar credit histories. The two new lawsuits are related to a broader July 2007 lawsuit NAACP filed against some of the nation’s largest lenders for discriminatory lending practices. The allegations against HSBC and Wells Fargo were being filed as a result of subsequent investigations and calls made to the NAACP. Sub prime lenders are blind to color and racial profiling. They will rip anyone off with no certain preference! This is a Foreclosure crisis that has yet to reach maximum proportions and that will strangle out the cities of America with lost revenue from a dwindling tax base and add pressure to a country that now needs a socialist tax base in order to survive. A socialist tax base but without any of the programs one could expect in a socialist government. So, are you a divorce attorney? Can we get your license and ask you . . . what is it you mean to say?

Sunday, March 08, 2009

MORTGAGE BANKING EXPERT WITNESS

WASHINGTON – Bankruptcy legislation is part of a broader housing package scheduled for a House vote Thursday. On Wednesday, Obama's team announced details of his broader $75 billion housing plan, which features cash incentives for mortgage holders — known as loan servicers — who cut deals with borrowers for new, more affordable terms. The legislation has been the subject of an intense lobbying campaign by the financial services industry, which has worked hard to kill it. The same divisions are at work in the Senate, which is expected to consider its own version of the legislation in the coming weeks. Whats baffeling is how the industry already won several concessions from Democrats in the House, who agreed to limit the measure to existing loans, to homeowners who sought a loan modification from their lenders before filing for bankruptcy, and to people who can no longer afford to pay their mortgages. Democrats wrote a compromise that requires bankruptcy judges to consider whether banks offered homeowners reasonable loan restructuring deals before they weigh in with their own rewrites. Borrowers also would have a responsibility to prove that they tried to modify their mortgages with their lenders before seeking help in bankruptcy court. The deal would require judges to consider whether homeowners were offered a "qualified" loan workout consistent with Obama's plan. That program would let eligible homeowners rework their mortgages to bring their monthly payments down to no more than about one-third of their incomes. The mortgage industry beleives that unrestricted access to bankruptcy court mortgage modifications would impose steep and unpredictable costs on its companies that would be passed along to borrowers as higher fees and interest rates. Lobbyists pressed lawmakers to limit the measure to subprime mortgages and to block homeowners who had been offered a mortgage workout by their lenders from getting one through a bankruptcy judge. The measure is part of a broader housing package that would raise the Federal Deposit Insurance Corporation's borrowing authority and boost incentives for lenders to rework mortgages. The legislation takes $2 billion out of the $700 billion Wall Street bailout fund to bolster an existing program to allow homeowners rework or refinance their mortgages. The bill is H.R. 1106.

Tuesday, February 10, 2009

Foreclosure Victory For Nor Cal Area Homeowner!

A Sacramento area court ruling against the plaintiff came in an unlawful detainer hearing last Friday. Lenders and servicers are taking notice of the "sale" by trustee that was set aside in favor of a loan modification. Submitted by Steve Shafer

February 5, 2009 / Sacramento California - The Bay Area Superior Court decision and judgment against the plaintiff allows the "sale" by the trustee to be set aside in favor of a loan modification. Lenders nationwide who originate and service loans know California offers them a "safe haven" from homeowner's who dispute a recent foreclosure. That means overwhelming odds for anyone in foreclosure who loses their home to a lender in a foreclosure. The borrower becomes a holdover and must respond to an unlawful detainer after their home is lost.

That was not the case for an El Dorado area resident at a recent hearing for an unlawful detainer matter heard in a Placerville County superior court room. The recent victory in court was in an unlawful detainer matter for the defendant Ms. Stella Onyeu and mortgage lender and securities sponsor - AURORA LOAN SERVICES v. STELLA D. ONYEU (case number PCU2008032).

AURORA LOAN SERVICES like so many other lender servicing agents has come under greater scrutiny as of late for questionable business practices. According to its web site Aurora Loan Services is operating as usual. The company is a subsidiary of Lehman Brothers Bank, and not part of the Lehman Brothers Holding Inc. bankruptcy filing.

The case was originally filed in October of last year and shortly thereafter was dismissed when the Plaintiff failed to show at a scheduled hearing. Subsequent motions were filed to vacate the dismissal in favor of a motion to dismiss by the plaintiffs. The matter was heard recently heard again by the same court and earlier mentioned presiding judge. Mark Terbeek is the attorney for the Defendant and Maher Soliman a Juris Pro witness provided case development and court expert testimony.

This judgment for the defendant is monumental given the courts limited jurisdiction related to the lenders sole focus to have the borrower removed from the home. The issues at hand are the legal procedural limitations and high attrition rate for defendants and their attorney's. The problem is the defendant's lack of standing for pleading a wrongful foreclosure due to jurisdiction of the court.

So what does this all mean? Many homeowners can find some hope, for the moment, in knowing the otherwise unfriendly California UD courts will now hold some promise for hearing arguments as to the foreclosure and the plaintiffs standing. According to foreclosure and REO sales analyst Brenda Michelson of Nationwide Loan Services "It's hit or miss at this level of the law and the courts willingness to step outside of its jurisdiction." The smaller outlying courts seem to me to be more willing to entertain defense arguments that the plaintiff may not be the holder in due course and lacks capacity throughout the foreclosure" Terbeek's response is that if the plaintiff cannot demonstrate a logical and properly conveyed transfer of the beneficial interest - it is not entitled to possession.

After the foreclosure and conveyance back to the trustee, the homeowner is considered unlawfully occupying the dwelling as a holdover. However, the court ruled that AURORA had in fact violated its duty to show good faith and comply accordingly under the recent California statutes and amendments Power of Sale provision. The presiding judge who heard the matter ordered a judgment against the company allowed for Terbeek to enter a request for all legal fees due.

According to legal expert Soliman, "there are more attorneys willing to now jump into the wrongful foreclosure business and fight the court on the jurisdiction issue. However, it is nearly impossible to rely on the judge and courts at this level". Soliman is an examiner with Nationwide Loan Services and has engagements in multiple cases throughout California through attorneys such as Terbeek who represented the defendant.

Jurisdiction: An Overview

The term jurisdiction is really synonymous with the word "power" and the sovereignty on behalf of which it functions. Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, or legislation of a paramount fundamental question for lawyers is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into various components including whether there is jurisdiction over the person (in personam), the subject matter, or res (in rem), and to render the particular judgment sought.

An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's complaint. Normally, a judge will hear and decide the case within 20 days after the borrower now tenant files an answer.

The question of whether a given court has the power to determine a jurisdictional question is itself a jurisdictional question. Such a legal question is referred to as "jurisdiction to determine jurisdiction." In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court. In an eviction lawsuit, the lender is the "plaintiff" and the prior borrower and homeowners become an occupant holdover and the "defendant." Immediately after the trustee sale of the home the conveyance by the trustee is entered in favor of the lender. Until recently in most cases the lender is with in its right foreclose if a borrower has missed a number of payments, failed to make the insurance premiums or not paid the property taxes. "But sometimes a lender is wrong and you can fight foreclosure by challenging the foreclosure process and related documents" said Soliman.

As the new owner of record AURORA HOME LOAN SERVICES must follow procedures no different than that of a landlord in a tenant occupancy dispute. The next step is to remove the homeowner from the subject dwelling. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. If the lender makes a mistake in its filing of the foreclosure documents a court my throw out the whole foreclosure case. In the case of a wrongful foreclosure the borrower's claims are limited to affirmative defenses.

Affirmative Defenses

Unlike a judicial proceeding, California lenders need to merely wait out the mandatory term for issuing default notices and ensure it has properly served those notices to the borrower. In other words the hearing and trial taken place in the above referenced matter is not subject to arguments brought by the homeowner for wrongful foreclosure versus the question as to lawful possession of the property by the lender.

California lenders are typically limited to only the defenses a landlord will face when opposed and made subject to claims of wrongfully trying to evict a tenant. Claims such as the Plaintiff has breached the warranty to provide habitable premises, plaintiff did not give proper credit before the notice to pay or quit expired or plaintiff waived, changed, or canceled the notice to quit, or filed the complaint to retaliate against defendant are often completely unrelated to the matter at hand. The courts decision to enforce the provisions of an earlier modification in lieu of a foreclosure sends a major wake up call to the lenders who are under siege to avoid foreclose and be done with mortgage mess affecting United States homeowners. Soliman says the decision is unfortunately not likely to be read into as case precedent for future lawyers and wrongful defendants seeking to introduce our case as an example of a lenders wrongful action.

Soliman goes on to say "it's both interesting and entertaining to see experienced attorneys who jump in and immediately question the issue of the courts authority. Its reality time when they get to their first hearing and see first hand the problematic issues with jurisdiction."

Servicing agents are never the less on notice they must be ready to defend themselves when the opportunity to argue the plaintiffs standing are allowed in an unlawful detainer motivate by a foreclosure. Therefore, the debate about what the courts hear will remain open and subject to further scrutiny by the lawyers for both sides and judges who preside over the courts at this level.

Nationwide Loan Servicing is an approved Expert Witness who provides court testimoney in matters concerning wrongful foreclosures, Federal Savings Banks regultory violations and SEC filings for private registrations.

Friday, February 06, 2009

The Roles of Government and the FSB

One might see the monetary plan to date as a knee jerk reaction whereby these FED intended to swiftly prop the existing monetary policy. Is it an effort that has been in play for some time. Either way it appears to have no real effect and the intensification of the financial turbulence is evident .

Monetary policy changes and domestic govenenment support has led to a further deterioration in the economic outlook. The Federal aid storyline is of interest commencing with the swiftness of the Bernanke move upon the announcement of a further deterioration of the banking sector and collapse of the mortgage backed securities markets.

Is there a valid concern for those events, the offer made by the government and then sudden withdraw of the offer in favor of a congressional vote and senate affirmation? In other words, was it the right thing to do and properly timed and how much thought was behind it? If there was not a lot of advance thought for such an enormous capital response the question then looms as to what is the connection between the Feds needs to step in with respect to consumers and the mortgage markets and homeowners.

The Board of Governors of the Federal Reserve System is responsible for the discount rate and reserve requirements and the Federal Open Market Committee is responsible for open market operations. The Federal Reserve influences the demand for, and supply of, balances that depository institutions hold at Federal Reserve Banks and in this way alters the federal funds rate. The federal funds rate is the interest rate at which depository institutions lend balances at the Federal Reserve to other depository institutions overnight.

Changes in the federal funds rate trigger a chain of events that affect other short-term interest rates, foreign exchange rates, long-term interest rates, the amount of money and credit, and, ultimately, a range of economic variables, including employment, output, and prices of goods and services. The Federal Open Market Committee has aggressively eased monetary policy. The Federal Reserve's strategy for dealing with the financial crisis and its economic consequences appears to be layered. First, as indications of economic weakness proliferated, the Committee had to respond to offset possible effects of the crisis on credit conditions and the broader economy. Shortly after the turbulence began, The Federal Open Market Committee had aggressively eased monetary policy and cut of 50 basis points in the target for the federal funds rate. The cumulative reductions in the target rate reached 100 basis points--that is, a full percentage point--by the end of 2007.

The Committee continued to respond, as indications of economic weakness proliferated, reducing the target rate by an additional 225 basis points by the spring of this year. In Bernakes own words "The policy response stands out as exceptionally rapid and proactive. "In taking these actions, the objective was to cushion the direct effects of the financial turbulence on the economy. Thereafter it was to also reduce the risk of a adverse perspectives in which economic weakness exacerbates financial stress, which, in turn, leads to further economic damage. The Committee stepped in and took action by discounting the target for the federal funds rate an additional 100 basis points in October. Half of that reduction was excited by a rate cut by six major central banks in October. Now bring on the Bernanke's offer and then withdrawal of the Fed offer for immediate capital infusion and look peripherally at the timing of the BofA acquisition and closing the Countrywide deal that occurs on the eve on the eve of a $9.0 billion restitution plan by Brown and other AG's. Either way the bailout is intended to address the mess with the homeowners and sub prime collapse.

Foreclosures are accelerating if anything since the last Q 2008.

Sub prime lenders hads a variety of bells and whistles allowing them to mitigate risk and successfully accomplish their goals of creating mortgage secondary. For example a Special-Purpose Bankruptcy-Remote Entity will usually exist in tndem with a Federal Saving Bank owned by the sponsor. The terms "single purpose," "special purpose," and "bankruptcy remote" are used in a variety of contexts throughout the structured finance and securitization markets. If the depositor or holder of securities or retained interests do not become subject to a bankruptcy proceeding (or substantively consolidated with an insolvent affiliate), the likelihood that the depositor or holder of securities or retained interests or their creditors will have any incentive to recharacterize the transaction as a secured financing is consequently reduced.

Sunday, January 18, 2009

mortgage defaults and foreclosures continue to rise

As mortgage defaults and foreclosures continue to rise, the impact is spreading well beyond those who are losing their homes. Like everything associated with the nation's housing crisis, the fallout from foreclosures is very local, a fact confirmed by hundreds of e-mails from readers in msnbc.com's Gut Check America. According to a business sector analyst, (NLS Los Angeles, CA) Maher Soliman "Way too many homes are now abandoned by their owners". Soliman agrees "It appears many people are going into bankruptcy. On some streets almost half the homes are empty." Many people have lost 40-50 percent of the value of their homes. “My neighborhood is filled with renters who could care less about the parks or the appearance of the homes,” wrote Joe Brogdon, of Queen Creek, Ariz. “There is a smaller home near mine that has no windows and it is barricaded with plywood to prevent any more vandalism to the house. Many of the lawns are not being taken care of, which does not help the situation for resale or pride of ownership.” In communities across the country, msnbc.com readers report that local governments are coping with shrinking tax rolls, lenders are saddled with more foreclosed homes than they can sell and empty homes in many neighborhoods are being vandalized. “My neighborhood is filled with renters who could care less about the parks or the appearance of the homes,” wrote Joe Brogdon, of Queen Creek, Ariz. “There is a smaller home near mine that has no windows and it is barricaded with plywood to prevent any more vandalism to the house. Many of the lawns are not being taken care of, which does not help the situation for resale or pride of ownership.” Some regions appear to have escaped relatively unscathed. But in hard-hit states like California, Arizona and Florida, readers report that some neighborhoods are becoming virtual ghost towns. Whole condo projects sit half-finished and rotting in the Florida sun. Others report a different kind of isolation; many of those losing their home to foreclosure are reluctant to confide in family or friends until the process is complete. Some neighbors are unsure how to respond. “My community is an upscale middle-class community; I am going through foreclosure right now,” wrote a woman from Pennsylvania. “The neighborhood is very quiet, waiting for the next fall to happen. People do not even talk to each other. They wave but hardly say a word.” In South Lyon, Mich., life is getting lonelier as more houses are abandoned in Jose's neighborhood. Viewers to MSNBC said “I live next door to empty houses instead of neighbors and friends,” he wrote. “It is an overwhelming feeling of dread. You wonder if your family is next." In hard-hit neighborhoods, the glut of foreclosed homes has not only sent prices crumbling — the houses themselves are also falling down, according to a number of readers from around the country. Also, “Our neighborhood is going down the tubes because the properties are going unsold for so long that they're falling into disrepair,” wrote Leslie from Albuquerque, N.M. “It's a mess.” In Memphis, Tenn., Angela reported that her neighborhood was dotted with “growing weedy yards, windows with papers taped to them and broken. There are about five or six such homes in my post-World War II subdivision. And these are NOT expensive homes!” In other cases, abandoned homes are more than an eyesore. Readers in some hard-hit areas report a rise in vandalism, squatting and other crime. “Vandals have been hitting the empty homes that have been affected by foreclosure in my area,” wrote Gloria of Los Angeles. “With summer around the corner and kids out of school, I just worry about fires starting or other serious problems happening.” To prevent the blight that can follow a high concentration of abandoned housing, some local governments are using tax dollars to buy up properties and fix them up — or tear them down. “Our local government is planning to demolish vacant homes,” write Susan, of South Bend, Ind. “It is going to cost the city more money, which in turn creates more tax burden for South Bend's residents. It is a vicious cycle.” With federal housing relief stalled in Congress, some local governments have stepped up with programs offering small loans to help strapped homeowners head off foreclosures. But as the housing market continues to slide, declining property tax revenues are squeezing town and city budgets. During the housing boom, many municipalities enjoyed a windfall in property taxes as the value of homes and other properties soared. Now as those values have fallen back, property owners are challenging pricey assessments. Some local governments facing shrinking tax revenues are resorting to cutting services. “We have terrible local road repair, our parks need landscaping and maintenance,” said Jose from South Lyon, Mich. “We volunteer our time to the village public park district and mow small park lawns with our own gas and equipment. Our fire department is going back to mostly volunteer, and we may have to lay off some police officers.” Kristen Cunningham, director of Community & Economic Development in South Lyon, took issue with Jose's account. "We are a full service city that no doubt has been affected by the foreclosure problems. It obviously is a challenge everywhere," she wrote in an e-mail repsonding to our story. Cunningham said South Lyon has always had a volunteer fire department and is not laying off police officers. "In addition," she said, "the city is in good solid financial condition and regularly maintains its own park system through general fund monies. There are no volunteers mowing any of our parks with their own equipment and gas." A report last November by the U.S. Conference of Mayors forecast losses of $166 billion this year for 361 metropolitan areas. The estimate included lost tax revenue, lost jobs and slower consumer spending but not the financial toll of increased crime, fires and building code violations. Some cities have filed lawsuits against lenders to try to recover costs associated with what local officials claim is predatory lending. In other cases, cities and towns are looking for other ways to raise enough taxes to maintain local services. “My hometown is broke, and the devaluing of the property tax base is cited as one of the reasons,” wrote Bill, form South Gate, Calif. “If the voters pass a 1 cent per dollar sales tax in June, to prevent cutbacks in services, we will have one of the highest rates (9.25 percent) in the country." In Memphis, Tenn., Wayne wrote that “the city and county are both hurting due to the lost tax revenue on the foreclosed homes. This also has had a severe setback on the amount of tax-based funds allocated to education, fire and police protection.” Homeless shelters also report an increase in traffic. Some new arrivals are renters whose landlords defaulted on their loans and lost the property to foreclosure. The National Coalition for the Homeless recently surveyed state and local homeless coalitions and found that 61 percent reported an increase in homelessness since last year. “It has been horrible,” said Earlinda, a Realtor in Reno, Nev. “We now have a ‘tent city’ because the homeless shelters are overloaded." In some communities with high foreclosure rates, lenders are having a tough time selling the properties they’ve taken over. The problem is apparently most severe in large developments that were under construction when the housing bubble burst. “There are well over 500 houses for sale in an area with approximately 5,000 homes,” said Rick from New River, Ariz. “Most are spec homes for sale with sale prices dropped from $100,000 to $200,000. Banks can’t even find buyers at auctions.” Some real estate agents report that when they do find buyers for foreclosed properties, lenders are so swamped they’re having a hard time answering the phone. One San Diego Realtor reported that agents have taken to getting up early to leave voice mail for lenders before their mailboxes fill up. In Pinellas and Pasco counties in Florida, home prices have dropped as much as 40 percent, according to Lorraine Seddon, an agent in Dunedin, Fla. “Banks that should be glad that a contract came through take so much time to respond that buyers buy other homes, leaving these (foreclosed) homes to rot,” she wrote. The housing slowdown has also hurt local businesses in hard-hit areas, forcing layoffs among builders and mortgage lenders. Some of those in the housing industry who still have jobs are worried that they could be next. “I work for a much more conservative bank than most, but all of our income has suffered greatly,” write Chris, of Shawnee, Kan. “We are constantly worried that the doors at work will be closed at any moment, and it is a terrible way to live day to day. From what I can tell, things aren't getting better anytime soon.” Local businesses in hard hit areas are also watching business dry up. “I sell building material to home builders,” wrote Ed, from Georgetown, Del. “It is very scary what’s going on. I’ve seen a lot of builders go out of business.” To be sure, readers in some areas of the country — from Watsontown, Pa., to Alto, N.M. — reported that their communities have been spared the impact of the housing downturn, at least so far. “Property values have not gone down,” wrote Ken of Custer, S.D. “People are still buying and building.” Some readers reported they were benefiting from foreclosure's fallout — including dozens who said they were now able to afford a home in a buyer’s market. “I just moved here, and I picked up a nice house for half of what it sold for in 2005,” wrote Doug, from Phoenix, Ariz. “Thanks, Arizona.” One reader wrote that rising foreclosures had created new employment opportunities. “The foreclosure crisis has been a boon to me and my family,” wrote Lee, of Riverside, Calif. “After three years of unemployment, I have been working for the past year cleaning and maintaining foreclosed houses and preparing them for sale. It has provided work for me that wouldn't have been there otherwise.” But other readers reported that their personal and professional lives were on hold because they couldn’t sell their house to take a new job or fund their retirement. “I recently moved for a new job and am trying to sell my home,” wrote Karen, from Evans, Colo. “My Realtor told me that all of my competition are foreclosures and bank short sales. I will most likely take a $20,000 loss on my house.” “My wife and I are divorcing, but we will have to live together as roommates,” wrote Mick, from Reno, Nev. “We have a fixed-rate loan, so that is not the issue. It's simply that the implosion has depressed house prices so much that we can't sell our house and move on.” Source msnbc.com — JSchoen

Sunday, December 21, 2008

The International Accounting Standards Board and FASB proposed a standard that would replace IASB IFRS 3 Business Combinations and FASB Statement No. 141, Business for Combinations. A registers asset backed securities vehicle is specific to the collateral, interest therein and default. The belief loans are being held by Countrywide, for example only, the originating “source” (“Depositor”) after the alleged “sale” to the trust is wrong. The registration, purchase and sale and master polling and servicing agreement therefore are lacking standing. FASB has issued Staff Position (FSP) No. 133-1 and FIN 45-4, Disclosures about Credit Derivatives and Certain Guarantees: An Amendment of FASB Statement No.133 and FASB Interpretation No. 45.The FSP is intended to exact the truth by improving disclosures about credit derivatives by requiring more detailed information about the potential adverse effects of changes in credit risk on the financial position, financial performance and cash flows of the sellers of credit derivatives. It amends FASB Statement No. 133, Accounting for Derivative Instruments and Hedging Activities, to require disclosures by sellers of credit derivatives, including credit derivatives embedded in hybrid instruments. I agree that FSP addresses the concerns that the disclosure requirements in Statement 133 do not adequately address the potential adverse effects of changes in credit risk on the financial statements of the sellers of credit derivatives. www.borrowerhotline.com

Tuesday, November 04, 2008

Myths and Facts about the Financial Crisis The conservative spin machine went into overdrive after the financial crisis exploded the claim that unregulated markets always work best. Talking points fed to sympathetic columnists and reporters told an alternate, racially tinged tale: poor people were to blame. In the mythos they created, the Community Reinvestment Act forced banks to “loosen underwriting standards” and to lend to the poor and those with poor credit, forcing Fannie Mae and Freddie Mac, the “800 pound gorilla in the room,” to careen down the path of bad loans, dragging other lenders with them. Incredibly, conservatives blame insufficient regulation of Fannie and Freddie, and cite the Clinton administration as the architect of the mortgage industry’s collapse. Of course, none of this stands up to scrutiny. Here’s a guide to the most widely spun myths: Myth #1: De-regulation had nothing to do with this crisis The Facts Conservative de-regulation left Wall Street with no cop on the beat. Bush’s conservative appointees rolled back regulation and oversight of banks, insurers, lenders, and credit raters. - The explosion in subprime loans after 2000 were made by unregulated mortgage companies, and the vast majority of them were issued to higher income borrowers, not low- to moderate-income borrowers. - The Gramm-Leach-Bliley Act of 1999 (GLBA) dismantled Depression-era law that had prohibited bank holding companies from owning other financial companies such as investment, commercial banking, and insurance companies. GLBA ignited a wave of mergers and hampered government regulators charged with preventing conflicts of interest and risky financial behavior. Myth #2: Private lenders were pressured into giving out risky loans The Facts Private lenders—not the government-backed Fannie and Freddie—issued the vast majority of subprime loans, and to low- and moderate-income borrowers in particular. Fannie and Freddie did not guarantee and securitize large quantities of subprime loans. - In fact, Fannie Mae actually lost market share because it chose not to “participate in large amounts of these non-traditional mortgages in 2004 and 2005” because it “determined that the pricing offered for these mortgages often was insufficient compensation for the additional credit risk associated with these mortgages.” As economist Dean Baker stated, “Fannie and Freddie got into subprime junk and helped fuel the housing bubble, but they were trailing the irrational exuberance of the private sector….In short, while Fannie and Freddie were completely irresponsible in their lending practices, the claim that they were responsible for the financial disaster is absurd on its face—kind of like the claim that the earth is flat.” - In testimony before the House Committee on Oversight and Government Reform, Lehman Brothers CEO Richard Fuld acknowledged that Fannie and Freddie’s role in Lehman’s demise was “de minimis,” or so small that it does not matter. Myth #3: Fannie Mae and Freddie Mac Caused the Crisis The Facts While some are attempting to scapegoat Fannie Mae and Freddie Mac, economist Dean Baker recently stated that while Fannie and Freddie “got into subprime junk and helped fuel the housing bubble,” they were “trailing the irrational exuberance of the private sector” and actually lost market share to private subprime lenders in the years 2002-2007, when “the volume of private issue mortgage backed securities exploded.” - In a 2006 Securities and Exchange Commission filing (available here) covering its activities in 2004, Fannie Mae stated: “We did not participate in large amounts of these non-traditional mortgages in 2004 and 2005.” In the report, Fannie Mae also noted the growth of subprime lending and reported, “These trends and our decision not to participate in large amounts of these non-traditional mortgages contributed to a significant loss in our share of new single-family mortgage-related securities issuances to private-label issuers during this period.” - Additionally, Lehman Brothers CEO Richard Fuld testified before the House Committee on Oversight and Government Reform on October 6, 2008, that Fannie and Freddie’s failure played a minimal role in Lehman’s demise. Myth #4: The 1977 Community Reinvestment Act is to blame for the current financial crisis The Facts Several media figures have attempted to connect the financial crisis to the Community Reinvestment Act (CRA), originally passed in 1977 and since amended. However, according to housing experts, a large number of subprime loans were not made under the CRA, which applies only to depository institutions. Additionally, a study released earlier this year by a law firm specializing in CRA compliance estimated that in the 15 most populous metropolitan areas, 84.3 percent of subprime loans in 2006 were made by financial institutions not governed by the CRA. However, the claim that the CRA is responsible for the current crisis ignores several crucial facts: - The CRA does not cover independent mortgage companies, which issued the vast majority of the loans underlying the crisis. The act applies only to depository banks and thrifts (savings and loan associations) that are federally insured. According to University of Michigan law professor Michael Barr in testimony before the House Financial Services Committee, just 20 percent of the subprime mortgages since the late 1990s were issued by CRA-covered lenders. Thus, 80 percent subprime loans were made by lenders not regulated by the CRA. - The CRA actually created more responsible lending. San Francisco Federal Reserve Bank President Janet L. Yellen rejected the “tendency to conflate the current problems in the subprime market with CRA-motivated lending,” and noted “that the CRA has increased the volume of responsible lending to low- and moderate-income households.” - The act was passed in 1977, well before the subprime loan bonanza occurred. In fact, the Bush administration’s weakening of the CRA coincided with the subprime boom. - Banks did not engage in an orgy of reckless subprime lending to meet CRA obligations; they did so for they same reason they always do: to make money. Only this time, deregulation allowed them to get paid not just for making the loans, but for turning them into securities and trading them (see below). Myth #5: Progressives have opposed strengthening oversight over Fannie and Freddie The Facts Several media figures have accused progressives in Congress of opposing stronger oversight of two mortgage giants, Fannie Mae and Freddie Mac. In fact, Rep. Barney Frank (D-MA), chairman of the Financial Services Committee, and his predecessor, Rep. Michael Oxley (R-OH) made efforts to enhance regulatory oversight on Fannie Mae and Freddie Mac, including the Federal Housing Finance Reform Act of 2005 and sponsoring the Federal Housing Finance Reform Act of 2007. Both of these bills called for a new agency to oversee and regulate Fannie Mae and Freddie Mac. Myth #6: Congress funded ACORN in the bailout package The Facts Numerous media figures reported that Congress tried to steer money to ACORN in the recent housing bailout bill. In fact, neither the draft proposal nor the final version of the bill contained any language mentioning ACORN. Those making the false claim were misrepresenting a provision—since removed—that would have directed 20 percent of any profits realized on troubled assets purchased under the plan into two previously established funds: the Housing Trust Fund and the Capital Magnet Fund, which, under the law authorizing them, distribute funds through state block grants and through competitive application processes, respectively.

Monday, November 03, 2008

IMPORTANT ANNOUCEMENT: Link to Stop Foreclosure

PressRelease "Immediate" Los Angeles, CA /11 01 2008 Link to Stop Foreclosure (dateline) A director for a mortgage secondary markets aduiting group shares their views on the recent events impacting Wall Street and lenders. Maher Soliman is a outspoken critic and somewhat boisterous voice that demands the mortgage industry start to implement a real mortgage loan setlement plan. According to Soliman, "the sooner the better for determining actual losses from wrongfull and highly speculative securities dealings - -somthing needs to give, in other words. FASB and FSP Reporting The FASB issued FASB Staff Position (FSP) FAS 140-3, is as follws: "Accounting for Transfers of Financial Assets and Repurchase Financing Transactions," to address repurchase financing transactions related to previously transferred financial assets. A repurchase financing transaction occurs when a buyer (First Franklin and a Merill Lynch Partner) who are initial transferee of a financial asset obtains financing from the seller (Merill Lynch Operating Subsidiary i.e. Bank & Trust, the initial transferor) through a repurchase agreement. Under this arrangment, the buyer transfers the financial asset back to the seller as collateral until the financing is repaid. The term repurchase agreement is described in paragraphs 96 and 97 of FASB Statement 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishments of Liabilities. When a transfer of a financial asset and a repurchase financing occur between the same counterparties (or consolidated affiliates of either counterparty), a question arises as to whether the transactions should be viewed together or separately for purposes of evaluating the sale accounting criteria in Statement 140. This question first arose with respect to mortgage real estate investment trusts (REITs) but may have widespread application to a number of other entities, including those that buy financial assets and make use of repurchase financing from the seller and those that sell financial assets and provide repurchase financing to the buyer. Mortgage REITs, hedge funds, broker-dealers and banks may be parties to these transactions. Some entities may participate at different times as either buyers (initial transferees) or sellers (initial transferors). B. Scope The FSP applies to a repurchase financing which is a transaction in which the buyer (initial transferee) of a financial asset obtains financing from the seller (initial transferor) by transferring the financial asset back as collateral until the financing is repaid. Typically, there are three transfers of financial assets that take place in a repurchase financing as discussed in the following table: Transfer Transferor Transferee Initial transfer of financial assets with cash paid by buyer to seller Seller (initial transferor), for instance a broker-dealer or bank Buyer (initial transferee), for instance a customer such as a mortgage REIT or hedge fund Transfer of financial assets to the lender (initial transferor) in a repurchase financing transaction with cash paid to the borrower (initial transferee) Borrower under the financing (initial transferee) Lender under the financing (initial transferor) Transfer of financial assets in settlement of repurchase financing with borrower (initial transferee) making payment to the lender (initial transferor) Lender (initial transferor) returns financial assets Borrower (initial transferee) receives financial assets " If Soliman is correct in his assumptions, this could mean a long, very long winter for us all. Material Misrepresentation NLS or Nationwide Loan Services, LLC. is a compliance and due diligence firm that has purchased and sold over a billion in mortgages, subprime mortgage receivables, and loan servicing for over 20 years. The Subprime mortgage loan collateralized programs were always vulnerable and they did not work back when NLS serviced and traded mortgage loans. I am talking about the late eighties and up tp today. I recall selling, mortgage’s to the likes of Westinghouse and Ford. It did not work back then we want to tell you it does not work now. Now consider, “why the need to make such a bold and maybe boring statement? I do so for one reason! THIS IS THE MEANS FOR YOU TO CANCEL A LOAN OR GET BACK THE HOME YOU LOST. The lender as determined by the promissory note is not a lender at all. It is a pass through certificate loan originator I partnership with an investment banking concern. The provider is who “originates” the debt from consumers. A lender or a bank has two or more capitalization rules and reg’s it must follow and that is what assures us of the misrepresentation. This correspondence is simply called the Foreclosure "Link" How to Avoid a Foreclosure”. The subject is so convoluted and so complex that most will balk. Others try to repeatedly understand and to no avail. These questions will answer the question “What is NLS and what do we do?". We are not counsel and do not represent to be such. We are not a "help you fix the problem" Internet de Novo run by mortgage brokers. We are experts in court case’s and act as an attorneys consultant and litigation specialty development firm who needs your help in correcting the mortgage mess that plagues the country.What’s the payoff to you? You may keep your home or get back the home you lost to a lender that may not be a lender at all or a "Party" allowed under federal guidelines to foreclose on you and your family.You need to register with us and that is for free. Our cost for processing your information is reasonable. THE COST WE CHARGE HOWEVER IS NOT FOR PROFIT AND OUR EARNINGS WILL SHOW HOW WE OPERATE AT A LOSS. Are we failing to disclose something here with regards to the public? If proven to date we are not clear on things, then let me disclose the following to all our clients. We can show why and most importantly "where" the subprime mess is flawed with respect to liability for these obligations! In other words, the private label securities and mortgage loan origination platforms carried a heavy price in terms of its efficiency. The programs and products were destined to be abused for the sake of the securities and certificate holders (who I believe were also duped). The business needed a "bull" or continually "propped up" housing market to keep it from collapse between periods of flat rates and zero growth in housing. So does this all ring a bell? Were you inclined to refinance or move up and purchase a more expensive home after the previous market and your involvement (loan origination) was at that time over?Our goal is as follows in accordance with the objectives listed below; 1.To get you out of foreclosure and out of an arguable obligation 2. To expose the subprime markets as a questionable origination and delivery platform. 3. Show consumers were the facts point to "huge" front end margins to the Wall Street sponsor's but were flawed in a sizable downward fall back and would cause an economic collapse. (Cause and not be a victim of - this is critical to understand). 4. To expose the industries weaknesses and flaws with regards to exposure and claim. 5. To protect American's barring an executive order and congressional and senate support for government intervention and preemption. 6. To make the arguments for a loan to be rescinded (removed) with an honest and integrity rich approach towards the sensitive condition of the investment firms, all people’s livelihoods and the need to correct the problem. I want to emphasize in the last statement or line item 5 what is meant. We do consider the United States need to remain a viral and stronger economic leader and its efforts to bail out the investment banking firms who have now an unimaginable outstanding obligation to the world. Your loan obligations over the recent years were the sources of capital flow into the economy and caused the domestic GNP to remain strong and for our World trade partners to prosper. So now all we ask is to get the picture straight and to stop deceiving Americans at risk of losing their homes. Unfortunately for the economy, the truth is that if Americans are allowed to walk from their homes, the impact to the economy will be even more devastating that what you see now at hand. That's not your fault. You did your part and now the mortgage industry, the Capitol markets investors ,the surety bond holders, title insurers and errors and omissions blanket providers and others paid premiums to ensure us IN times like this has arrived.That's who must make good on their promises and allow the credit rating agencies, investment bank securities sponsors and capital management firms purchasing these securities acknowledge once and for all - Subprime borrowers are not the problem - it's the defective loans you received that now must be returned to the place of purchase. Thank you Maher Soliman Director Senior Compliance Officer P.s No we never have or were willing to acknowledge something we are not. We do not negotiate modifications or workout under a lender terms and that's due to - -there is nothing valid to modify! Complaince Case Study: Nomura /Lehman/Aurora Oct 31st 2008 The lender as determined by the promissory note is not a lender at all. It is a pass through certificate provider who nearly “originates” the debt from consumers. These private label (non agency) business entities are fully disclosed in SEC memorandum filings and provide specific information with regards to the parties named on the promissory note as an originator, holding NO ASSETS, and under a repurchase and sale contract. They do not act as a lender in any way other than appearance. This deceptive means of operating is an attempt to mirror the efficiency of Fannie Mae and Freddie Mac in accordance with government guarantees and trading the assets to and from investors in that government secuired certificate. Not as a lender and not as a lender. (definitions) Aurora is a master Servicer who specializes in originating and servicing residential mortgage loans.Lehman Brothers Holdings Inc. (NYSE:LEH), the nation's fourth-largest investment bank, is under bankruptcy protection and has 'substantially' reduce its U.S. residential-mortgage lending business. The investment house said the move will mostly affect its Aurora Loan Services business, which acts as its primary mortgage unit. Lehman will take a $40 million charge as part of the plan." The collapse of Lehman Brothers is feared to leave Nomura to cover such losses on its own. Nomura fell into the red for the first time in nine years in fiscal 2007, with a group net loss of 67.8 billion yen, due to the disposition of 260 billion yen in losses resulting from the subprime loan crisis. The value of certain world debt related securities (Icelandic securities)has established a potential claim under a disposition of assets by the parties as evidenced by value having fallen sharply recently, making it increasingly likely that Nomura's losses will worsen or cause it seek bankruptcy protection. Nomura must cope with a potential loss resulting from a dip in the share price of a U.S. hedge fund management firm it financed. The risk of insolvency for so-called monoline bond insurers in the United States, with which Nomura has business deals, increased, inflicting additional (billion’s)in losses resulting from specific subprime related difficulties and overall crisis. Aurora’s Master Servicing group is headquartered in Littleton, Colorado. As one of the nation’s largest master servicers of residential mortgage-backed securities, we are defined by our commitment to our Investors and our dedication to “solely” building master servicing partnerships that add unprecedented value for our clients. Aurora as a facilitator to the investors, or beneficiaries, is solely acting as a master servicer that services and whose principle business is designed to do the following: 1. Evaluate the overall performance of the underlying servicers 2. Mitigate investor risk 3. Support post purchase due diligence They have relationships with over 200 servicers, resulting in our boarding over 500,000 loans per year (as of 2005). This achievement reflects Aurora’s ability to effectively oversee the loan administration, investor reporting, compliance and default management activities of primary and special servicers.

Friday, October 24, 2008

Statutory Liens

My husband's ex-wife gave her divorce attorney a lien on community property that we now live on because my husband was awarded the property less her $30,000 interest in settlement. We live in CA and this is called a Family Law Attorney's Real Property Lien, CA Family Code 2033. We understand the lien is a statutory lien and not dischargeable in bankruptcy. We filed Chapter 7 and were discharged before we knew the lien had been recorded. Believe it or not, the County Recorder had filed it under the attorney's name only so when we tried to find it to see if it had been done, we couldn't find it. Only when the attorney finally gave us a copy 2 months after discharge did we actually see the recorded lien.My question is that there are problems with the lien itself. The statute requires a declaration that complies with ALL parts of the statute, including 15 day prior notice of recordation of the lien. There is no Proof of Service and the declaration only complies with 1 of 5 major requirements, listing the legal description. The lien amount was recorded at $50,000 but the court limited her interest at $30,000 so the lien amount is incorrect and has not been fixed. We have read that even statutory liens have state requirements that must be met and this one doesn't seem to meet the requirements in the statute. We've pointed this out to the attorney but he said they are just "irregularities" and will not remove the lien. We feel it was not perfected due to the so-called "irregularities so it would have been a non-secured debt and discharged in our bankruptcy. We had listed the attorney and it was no asset case.Can we file with civil court for a ruling as to whether the lien is valid and what are the chances of being successful? The attorney is threatening to foreclose on the property this month if we do not pay him. Can he do this?Any help would be really appreciated. We realize this is a confusing issue but we really need direction. Thank you..[/u] Editor: Intent! What was the intent of the parties. Proper filng and service requirments are mandated. But to build a case on ineffective service or improper delivery? If your Doctor does not schedule (give notice to your hospital) for surgery and shows up the day of a critical procedure - and then no surgery. You got problems and so does he. How would that compare to improper notification of a recorded lien...(think a little more about how to approach the improper service).

Monday, October 20, 2008

Compliance Examiners are a Must to Keep Home!

Private examiners are less detectives and more of an investigator. NLS is a auditor to be exact that will assist individuals, businesses, and attorneys by finding and analyzing information. They connect small clues to solve mysteries or to uncover facts about legal, financial, or personal matters. Private detectives and investigators offer many services, including executive, corporate, and celebrity protection; pre-employment verification; and individual background profiles. Some investigate computer crimes, such as identity theft, harassing e-mails, and illegal downloading of copyrighted material. They also provide assistance in criminal and civil liability cases, insurance claims and fraud, child custody and protection cases, missing persons cases, and premarital screening. They are sometimes hired to investigate individuals to prove or disprove infidelity. Private compliance investigators have many methods to choose from when determining the facts in a case. Much of their work is done using a computer, recovering deleted e-mails and documents, for example. They may also perform computer database searches or work with someone who does. Computers allow investigators to quickly obtain huge amounts of information such as a subject’s prior arrests, convictions, and civil legal judgments; telephone numbers; motor vehicle registrations; association and club memberships; and even photographs. Detectives and investigators also perform various other types of surveillance or searches. To verify facts, such as an individual’s income or place of employment, they may make phone calls or visit a subject’s workplace. In other cases, especially those involving missing persons and background checks, investigators interview people to gather as much information as possible about an individual. Sometimes investigators go undercover, pretending to be someone else to get information or to observe a subject inconspicuously. Most detectives and investigators are trained to perform physical surveillance, which may be high-tech or low-tech. They may observe a site, such as the home of a subject, from an inconspicuous location or a vehicle. Using photographic and video cameras, binoculars, and cell phones, detectives often use surveillance to gather information on an individual; this can be quite time consuming. The duties of private detectives and investigators depend on the needs of their clients. In cases that involve fraudulent workers’ compensation claims, for example, investigators may carry out long-term covert observation of a person suspected of fraud. If an investigator observes him or her performing an activity that contradicts injuries stated in a worker’s compensation claim, the investigator would take video or still photographs to document the activity and report it to the client. Detectives and investigators must be mindful of the law when conducting investigations. They keep up with Federal, State, and local legislation, such as privacy laws and other legal issues affecting their work. The legality of certain methods may be unclear, and investigators and detectives must make judgment calls when deciding how to pursue a case. They must also know how to collect evidence properly so that they do not compromise its admissibility in court. Private detectives and investigators often specialize. Those who focus on intellectual property theft, for example, investigate and document acts of piracy, help clients stop illegal activity, and provide intelligence for prosecution and civil action. Other investigators specialize in developing financial profiles and asset searches. Their reports reflect information gathered through interviews, investigation and surveillance, and research, including review of public documents. Computer forensic investigators specialize in recovering, analyzing, and presenting data from computers for use in investigations or as evidence. They determine the details of intrusions into computer systems, recover data from encrypted or erased files, and recover e-mails and deleted passwords. Legal investigators assist in preparing criminal defenses, locating witnesses, serving legal documents, interviewing police and prospective witnesses, and gathering and reviewing evidence. Legal investigators also may collect information on the parties to the litigation, take photographs, testify in court, and assemble evidence and reports for trials. They often work for law firms or lawyers. Corporate investigators conduct internal and external investigations for corporations. In internal investigations, they may investigate drug use in the workplace, ensure that expense accounts are not abused, or determine whether employees are stealing merchandise or information. External investigations attempt to thwart criminal schemes from outside the corporation, such as fraudulent billing by a supplier. Financial investigators may be hired to develop confidential financial profiles of individuals or companies that are prospective parties to large financial transactions. These investigators often are certified public accountants (CPAs) who work closely with investment bankers and other accountants. They might also search for assets in order to recover damages awarded by a court in fraud or theft cases. Detectives who work for retail stores or hotels are responsible for controlling losses and protecting assets. Store detectives, also known as loss prevention agents, safeguard the assets of retail stores by apprehending anyone attempting to steal merchandise or destroy store property. They prevent theft by shoplifters, vendor representatives, delivery personnel and even store employees. Store detectives also conduct periodic inspections of stock areas, dressing rooms, and restrooms, and sometimes assist in opening and closing the store. They may prepare loss prevention and security reports for management and testify in court against people they apprehend. Hotel detectives protect guests of the establishment from theft of their belongings and preserve order in hotel restaurants and bars. They also may keep undesirable individuals, such as known thieves, off the premises. Work environment. Many examiners such as NLS spend time away from their offices conducting interviews or doing surveillance, but some work in their office most of the day conducting computer searches and making phone calls. When the investigator is working on a case, the environment might range from plush boardrooms to seedy bars. Store and hotel detectives work in the businesses that they protect. Investigators generally work alone, but they sometimes work with others during surveillance or when following a subject in order to avoid detection by the subject. Some of the work involves confrontation, so the job can be stressful and dangerous. Some situations call for the investigator to be armed, such as certain bodyguard assignments for corporate or celebrity clients. In most cases, however, a weapon is not necessary because the purpose of the work is gathering information and not law enforcement or criminal apprehension. Owners of investigative agencies have the added stress of having to deal with demanding and sometimes distraught clients. Private detectives and investigators often work irregular hours because of the need to conduct surveillance and contact people who are not available during normal working hours. Early morning, evening, weekend, and holiday work is common. Training, Other Qualifications, and Advancement [About this section] Back to Top Most private detectives and investigators have some college education and previous experience in investigative work. In most States, they are required to be licensed. Education and training. There are no formal education requirements for most private detective and investigator jobs, although many have college degrees. Courses in criminal justice and police science are helpful to aspiring private detectives and investigators. Although related experience is usually required, some people enter the occupation directly after graduation from college, generally with an associate or bachelor’s degree in criminal justice or police science. The 2006 educational attainment for private detectives and investigators, in percent, was as follows: Percent High school graduate or equivalent 18 Some college, no degree 26 Associate's degree 8 Bachelor's degree 34 Master's degree 13 Professional degree or PhD 3 Most corporate investigators must have a bachelor’s degree, preferably in a business-related field. Some corporate investigators have a master’s degree in business administration or a law degree; others are CPAs. For computer forensics work, a computer science or accounting degree is more helpful than a criminal justice degree. An accounting degree provides good background knowledge for investigating fraud through computer forensics. Either of these two degrees provides a good starting point after which investigative techniques can be learned on the job. Alternatively, many colleges and universities now offer certificate programs, requiring from 15 to 21 credits, in computer forensics. These programs are most beneficial to law enforcement officers, paralegals, or others who are already involved in investigative work. A few colleges and universities now offer bachelor’s or master’s degrees in computer forensics, and others are planning to begin offering such degrees. Most of the work of private detectives and investigators is learned on the job. New investigators will usually start by learning how to use databases to gather information. The training they receive depends on the type of firm. At an insurance company, a new investigator will learn to recognize insurance fraud. At a firm that specializes in domestic cases, a new worker might observe a senior investigator performing surveillance. Learning by doing, in which new investigators are put on cases and gain skills as they go, is a common approach. Corporate investigators hired by large companies, however, may receive formal training in business practices, management structure, and various finance-related topics. Because they work with changing technologies, computer forensic investigators never stop training. They learn the latest methods of fraud detection and new software programs and operating systems by attending conferences and courses offered by software vendors and professional associations. Licensure. The majority of States and the District of Columbia require private detectives and investigators to be licensed. Licensing requirements vary, however. Seven States—Alabama, Alaska, Colorado, Idaho, Mississippi, Missouri, and South Dakota—have no Statewide licensing requirements, some States have few requirements, and many others have stringent regulations. For example, the Bureau of Security and Investigative Services of the California Department of Consumer Affairs requires private investigators to be 18 years of age or older; have a combination of education in police science, criminal law, or justice and experience equaling 3 years (6,000 hours); pass a criminal history background check by the California Department of Justice and the FBI (in most States, convicted felons cannot be issued a license); and receive a qualifying score on a 2-hour written examination covering laws and regulations. Detectives and investigators in all States who carry handguns must meet additional requirements for a firearms permit. There are no licenses specifically for computer forensic investigators, but some States require them to be licensed private investigators. Even where licensure is not required, a private investigator license is useful to some because it allows them to perform follow-up or complementary tasks. Other qualifications. Private detectives and investigators typically have previous experience in other occupations. Some have worked in other occupations for insurance or collections companies, in the private security industry, or as paralegals. Many investigators enter the field after serving in law enforcement, the military, government auditing and investigative positions, or Federal intelligence jobs. Former law enforcement officers, military investigators, and government agents, who are frequently able to retire after 25 years of service, often become private detectives or investigators in a second career. Others enter from jobs in finance, accounting, commercial credit, investigative reporting, insurance, and law. These individuals often can apply their prior work experience in a related investigative specialty. Most computer forensic investigators learn their trade while working for a law enforcement agency, either as a sworn officer or a civilian computer forensic analyst. They are trained at their agency’s computer forensics training program. Many people enter law enforcement specifically to get this training and establish a reputation before moving to the private sector. For private detective and investigator jobs, most employers look for individuals with ingenuity, persistence, and assertiveness. A candidate must not be afraid of confrontation, should communicate well, and should be able to think on his or her feet. Good interviewing and interrogation skills also are important and usually are acquired in earlier careers in law enforcement or other fields. Because the courts often are the judge of a properly conducted investigation, the investigator must be able to present the facts in a manner that a jury will believe. The screening process for potential employees typically includes a background check for a criminal history. Certification and advancement. Some investigators receive certification from a professional organization to demonstrate competency in a field. For example, the National Association of Legal Investigators confers the Certified Legal Investigator designation to licensed investigators who devote a majority of their practice to negligence or criminal defense investigations. To receive the designation, applicants must satisfy experience, educational, and continuing-training requirements and must pass written and oral exams. ASIS, a trade organization for the security industry, offers the Professional Certified Investigator certification. To qualify, applicants must have a high school diploma or equivalent; have 5 years of investigations experience, including 2 years managing investigations; and must pass an exam. Most private-detective agencies are small, with little room for advancement. Usually, there are no defined ranks or steps, so advancement takes the form of increases in salary and assignment status. Many detectives and investigators start their own firms after gaining a few years of experience. Corporate and legal investigators may rise to supervisor or manager of the security or investigations department.

Sunday, October 12, 2008

BK and Foreclosure Fraud

Foreclosure tops the list of conversations lately amongst all voters, homeowners, mortgage professionals and loan brokers. Bankruptcy has never carried any negative stigma for me as an anlayst (mortgage brokers being the exception). I am referring to the times I am confronted with a consumer who is acting humiliated. It's a fact of life and based on actuarial tables just like births, accidents and divorce. The statistics are now impacted by limitations and conditions for seeking protection or relief from creditors through liquidation. A higher incomes bracket filing for bankruptcy cannot use Chapter 7 as an immediate option. The debtor must now endure the limitations of a "13" filing. All debtors must seek credit counseling prior to filing. The bankruptcy case will mandate additional counseling and debt management before their debts can be forgiven.The changes in the new bankruptcy law has altered the approach many must take when considering their insolvency. Chapter 7 filings are much more restricted with reference to eligibility as compared to the prior rules. The debtor filing for bankruptcy use to choose the type of bankruptcy that seemed best for them. Its understandable why most pursue Chapter 7 (liquidation) over Chapter 13 (repayment). You will need to first determine if your income under the the new law prohibit's you from filing for protection under Chapter 7. My view is the changes in the law will make things more difficult when trying to find an attorney. Therefore, be forewarned that these new requirements are also imposed on counsel, and can cause you to expand your search for a qualified attorney to represent you in a bankruptcy case. Maher Soliman Sub Prime Analyst

Wednesday, October 01, 2008

Why have we forgetton Judge Boyko

In hindsight what was learned frm the now infamous Judge Christopher A. Boyko of Federal District Court in Cleveland. You may remember how he dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize. The method for accessing liquidity in non agency paper was pooling home loans into securities. The sub prime sector has been in practice for years causing real estate prices to move higher. As investors sought the higher yields and the safty of domestic housing whcih was exactly what these private lable mortgage trusts offered. Over $6.0 trillion of securitized mortgage debt was outstanding at the end of 2006. Foreclosures have surged over recent months and the derivitives debt and equity models and yeild spread requirements made it harder for consumers and bnkers to bridge risk mitigation. The fact is none knonws for sure who to go to for a work out for a troubled loan. This was a big story early in th year and still is, in part because it is difficult to identify who holds the mortgage notes. Consumer advocates argue this to the surgrin to many top lawyers. The Boyko incidnet in Ohio ruled that the intricacies of the mortgage pools are a problem for lenders. Lawyers for troubled homeowners are expected to seize upon the district judge’s opinion as a way to impede foreclosures across the country or force investors to settle with homeowners. And it may encourage judges in other courts to demand more doc-umentation of ownership as a pre-cursor to foreclosure. On Oct. 31 a ruling was issued by Judge Boyko, and it relates to 14 foreclosure cases brought by Deutsche Bank National Trust Company. The bank is trustee for securitization pools, issued as recently as June 2006, claiming to hold mortgages underlying the foreclosed properties. On Oct. 10, Judge Boyko, 53, ordered the lenders’ representative to file copies of loan assignments showing that the lender was indeed the owner of the note and mortgage on each property when the foreclosure was filed. But lawyers for Deutsche Bank supplied documents showing only an intent to convey the rights in the mortgages rather than proof of ownership as of the foreclosure date. Saying that Deutsche Bank’s arguments of legal standing fell woefully short, the judge wrote: “The institutions seem to adopt the attitude that since they have been doing this for so long, unchallenged, this practice equates with legal compliance. Finally put to the test, their weak legal arguments compel the court to stop them at the gate.” A spokesman for Deutsche Bank declined to comment on the ruling. But the inability of Deutsche Bank, as trustee for the pools, to produce proof of ownership at the time of the foreclosures will fuel borrowers’ concerns that they are being forced out of their homes by entities that may not even hold the underlying loans. “This is the miracle of not having securities mapped to the underlying loans,” said Josh Rosner, a specialist in mortgage securities at Graham-Fisher, an independent research firm in New York. “There is no industry repository for mortgage loans. I have heard of instances where the same loan is in two or three pools.” The process of putting together a mortgage pool begins when a home loan is originated by a bank or mortgage lender. That loan is typically sold to a Wall Street firm that pools it with thousands of others. Once a pool is packaged, it is sold to investors in different slices, based on risk. A trustee bank oversees the pool’s operations, ensuring that payments made by borrowers go to the appropriate investors. Lawyers who represent troubled borrowers complain that trustees overseeing home loan pools often do not produce proof, usually in the form of a mortgage note, that their investors own a foreclosed property. And a recent study of 1,733 foreclosures by Katherine M. Porter, an associate professor of law at the University of Iowa, found that 40 percent of the creditors foreclosing on borrowers did not show proof of ownership. Such proof gives a creditor standing to foreclose against a borrower and is required by law. “The big issue in all these cases, whether we are dealing with a bankruptcy court, a state court or a federal court, is who really owns the mortgage note, and that is allegedly what they securitized,” said O. Max Gardner III, a lawyer who represents borrowers in foreclosure in Shelby, N.C. “A collateral question is, has that mortgage note really been transferred and assigned to the securitization trust? If not, then they really don’t have standing. It’s Law School 101.” When a loan goes into a securitization, the mortgage note is not sent to the trust. Instead it shows up as a data transfer with the physical note being kept at a separate document repository company. Such practices keep the process fast and cheap. Because most foreclosures proceed without challenges from borrowers, few judges have forced trustees like Deutsche Bank and Bank of New York to prove ownership by producing a mortgage note in each case. Borrower advocates cheered Judge Boyko’s ruling. The plaintiff’s argument that “‘Judge, you just don’t understand how things work,’” the judge wrote, “reveals a condescending mindset and quasi-monopolistic system where financial institutions have traditionally controlled, and still control, the foreclosure process.” The cases could be filed again in state court, however. April Charney, a consumer lawyer at Jacksonville Area Legal Aid in Florida, who has been practicing foreclosure law since the late 1980s, said she rarely sees proof of ownership in cases involving securitization trusts. Her group has 30 to 50 such cases and not one of the lenders’ representatives has produced proof of ownership predating the foreclosure action. “We see a trend toward judges having enough of this trampling of the rules and procedure and care and reverence with which lawyers and litigants and participants in the judicial process should comply,” Ms. Charney said. “Hopefully this will convince everybody that the time to work out these home loans is now.”

Experts Corner: Another FDIC Bank Failure

American Marine Bank

News of another FDIC member bank falling under the FDIC control was published late this week. The “Emerald City” is the latest to be welcomed back to join the party! Characteristic of the FDIC bulletins that we have come to be familiar with in 2008 and 2009, we are told if you had a loan with American Marine Bank, the friends and family members at the FDIC want you to continue to make your payments as usual.

Our question is to whom? Who is the holder in due course?The purpose of this analysis and discussion of the FDIC are subject to the various parties’ who have interest in your loan. It’s about their representations, conduct and decisions made while enforcing a foreclosure. Making a bad decision or employing conduct viewed to be deceptive will cause any transaction or enforcement of a right to a security to be rendered voidable.

Furthermore the asset may suffer from malfeasance and willful error and omissions causing the loan to be valued far below its market value due to serious impairment. Successfully demonstrating in court the reasons why your loan has become so seriously impaired that the real security, a deed of trust or mortgage, will fall into a judicial abyss and subject the true holder in due course to lose its rights to in a recovery of the asset in a foreclosure. In other words the right to accelerate and foreclose becomes lost to the transaction

Your loan was likely sold after it originated. A sale of the asset versus a government backed insurance guaranty is the single most controversial component of the subprime lenders dilemma.

A bonifide sale and transfer must be evidenced which differentiates the private label loans from the GSE or Fannie Mae and Freddie Mac class of loans delivered to Wall Street.

In a true sale the lender who sold it is lost to the privileges and rights to the asset forever. So I guess the question is not so much about a foreclosure due to a breach and delinquent obligation. This discussion is for us to understand to “whom” you owe the money and what right do they have to enforce the obligation and right to foreclose? Lawful Transfers



A “transfer” is the “streets” vernacular for booking a sale of a loan or pool of loans. The transfer of an asset by the lender to a less than arms investor is routinely conducted solely for accounting purposes. None the less it’s a sale that is forever entered in to the books.



The purpose of this analysis and discussion of the FDIC are subject to the various parties’ representations and decision making that may cause the asset to become so impaired that the real security, a deed of trust or mortgage becomes lost to the transaction. My last sale as a trader was a transfer of a bulk pool of “toxic waste” was back in 2001. The loans acquired and sold under my direction were never really that bad as we had one of the lowest delinquency rates in the region for sub prime assets sold and serviced. What I do know or at least remember from my days of bulk whole loan trading was from selling to the same major market leaders who are in trouble today.



Let’s back up for a moment to consider how accountants arrive at a specific value. A valuation is necessary for a foreclosure to take place just as it is for the original loan to be sold. A sale involves a contract and the essential elements f the law amongst the two parties. The first is consideration (money) and the second is the intent of the parties for lawful exchange and or transfer.



Consideration is required for transferring any good or service amongst one party to another, including a sale of a bulk pool of mortgage loan receivables.

If a mortgage is valued at par then you typically measure its worth at the combined cost to date or basis in the asset. A true and more accurate valuation is based upon the market and what one will pay assuming demand. It’s the true inherent value of a gallon of milk that will force someone to go elsewhere or not to drink milk at all. The same rationale holds true for an asset such as a closed mortgage receivable subject to its ability to attract a fair price in an open market. A mark to market value is entered by an accountant prior to sale if the owner is seeking to value the worth of the assets it holds.



Estimating value based on the future worth of an asset is something that continues to attract criticism whereby a historical valuation is entered based on a discounted future value. A presumption of value is calculated in a variety of ways sometimes using an internal rate of return offset by depreciation. In the mortgage industry I call this type of valuation complete lunacy. And this is where things get interesting with taking a look back at the cause of the mess we are now in.



Generally Accepted Accounting Principals aka “GAAP” allows us a standard to apply a historical value on a loan which is necessary for estimating consistency as with the life of a loan. The terms of the note say 30 years but we know that homeowners rarely keep a loan to term. Valuations use variables such as prepayment velocity or life based on a traditional or historic early payoff.



The CPR is the measurement of prepayment speed determine from reversion (sale of a home) refinance or the opposite end of the spectrum which is delinquency and default. Mortgages originated over the last decade were attributed an estimated holding time or CPR of say 60 months. Other things that influence price and for understanding the lenders desire to become fixated with the sub prime mortgage sector are subject to ethical scrutiny. I am referring to extreme maximum leverage used to buy loans and the introduction of something called accounting practices such as derecongnition. The latter is suspect, according to many accountants, as it offer no real value to a transfer and subject to entering a “gain on sale.”



The "streets" ability to substantiate its reporting methods. The Expert Witness must have among other things a legal understanding and verifiable accounting practices background. So figure an offshore investor will take a coupon of 1% at twice the current alternative which was a US Treasury. So I guess a WAC of 8% would yield on $100,000 certificate up to $800,000 in capital investment. Or is that $100,000 yielding 8 separate $100,000 certificates?



What ever it is its six of one and half a dozen of the other. It makes me want to run to the Hampton's and buy the biggest home they can offer. It makes me want to find the worse of the worse credit and put them into a loan.....any loan.



The problem with this madness conducted under the great GWB (and side kick “Don't call me Cheney call me "Dick”) administration is the regulatory absence for the bubble Wall Street elite would eventually pop.



The money raised was at a huge multiple and was causing CDO product to suffer from heavy demand internationally in a market that had long exceeded capacity. ( . . . .It makes me cringe and recall the old Keystone Kops silent flicks; remember the morons running around that said nothing and were always trying to help while and causing even more chaos …..Anyway!



I cannot pinpoint of fully grasp the role of the FDIC here but fear we may have an accounting play that shows the bank lines were actually used as “paid in capital” . It’s called derecongnition under GAAP and FASB accounting pronouncements for isolating the source and use of funds.



Will this help your arguments to save your home? YOU BET IT WILL! The big question is where the logic here is and why would the bank regulators let this happen? These Pretender Lenders were not pretenders at all. I call them “Tender Lenders” who tendered a note like currency instead of parking it in a vault like the asset it is. Therefore when tendered the check is electronically debited (hmm) and treated like a cancelled check.



The lost note is not a coat lost by a child at school. It’s lost to the payee who failed to deliver to the payor that check evidencing a debit stamped paid in full.



Hey, Barney just a minute . . . Hey, Wilma I’m home!!!!! So lets say these guys raised volumes of cash at huge multiples and did so with FDIC capitalization or tax payer insured capital contributions into a “NewCo” or De novo or S*P* E*.



If so, I feel the SPE is more like an STD and its all absolute "Bull Crepes". Where did these guys put all the capitalization anyway from money and stock…Huh? Especially with all these stringent FDIC risk weight capital set aside requirements. It’s a regulatory capital priority and basic fiscal mandate enforced by the OTS.



I got to know, where did they "Deposit" the money and stock ...do you know? I am referring to the "Deposits by the Wall Street “Depositors” you see. Deposited, Depositor, Depository, Restroom, tell me Wendy! Where’s the beef! Howard, who goofed I must known, who goofed!



Hey! ....wait a minute!!!....D*E*P*O*S*I*T*O*R*S! Yikes…OMG! How much more can we take!



So back to the failure of another institution, one of Americas and Pacific Northwest’s finest! American Marine Bank. So who do we bring an action against now? FDIC say’s “for all questions regarding “new” loans and the lending policies of the new successor call Columbia State Bank, and to please contact your branch office.



They continue that shares of American Marine Bank were owned by its holding company, AMB Financial Services Corporation, Bainbridge Island, WA. The holding company was not included in the closing of the bank or the resulting receivership. So if you are a shareholder of AMB Financial Services Corporation, please do not contact or file a claim with the Receiver. You may contact AMB Financial Services Corporation directly for information. How convenient is that….a BK waiting to happen.





The FDIC claims it does offer a reference guide to deposit brokers acting as agents for their investor clientele. This web site outlines the FDIC's policies and procedures that must be followed by deposit brokers when filing for pass-through insurance coverage on custodial accounts deposited in a failed FDIC Insured Institution. Wait a minute here now just slow down. FDIC makes no mention of a lender consumer grievance, and tells us to call the broke parent of the bank. Now are these loans in question considered FDIC troubled assets? Okay, we cannot help you with a predator loan but we will be back to foreclose on you?



My heart is pounding right now and I cannot take anymore folks…..really! But on a more serious note, consider the following. A bad notary signature, broken promise by a “Tender Lender” or forged MERS document is not the argument to bet the house on (no pun intended) It won’t get you to the promised land so can the need for an audit. It won’t get you to the Promised Land, so here is my advice!







SAVE YOUR MONEY! . . . UNLESS YOU WANT TO BORE THE HELL OUT OF A JUDGE AND GET THROWN OUT OF COURT.



It’s time to step up or step down!





By "Toxic Waste Guru" (LOL)



M.Soliman



expert.witness@live.com



REQUIREMENTS OF THE APPLICABLE CUSTODIAN .

(ii) If Custodian determines that the documents in the MortgageFilefor a Delivered Mortgage Loan conform in all respects with Section3(b)(i),and unless otherwise notified by Buyer in accordance with Section3(b)(i),Custodian shall include such Mortgage Loan in the CustodialMortgage LoanSchedule issued to Buyer.

If the documents required in any Mortgagedonot conform (except as otherwise notified in Section 3(b)(i)),Custodianshall not include such Mortgage Loan in any Custodial Mortgage LoanSchedule. Custodian shall notify Sellers and Buyer of any documentsthatare missing, incomplete on their face or patently inconsistent andof anyMortgage Loans that do not satisfy the criteria listed above.Sellers shallpromptly deposit such missing documents with Custodian or completeorcorrect the documents as required by Section 3(a) or remove therelatedMortgage File from the Request for Certification.

On or prior tothePurchase Date and as a condition to purchase, except with respectto aWet-Ink Mortgage Loan, Custodian shall deliver to the Buyer anelectronicCustodial Mortgage Loan Schedule to the effect that the Custodianhasreceived the Mortgage File for each Purchased Mortgage Loan on theMortgageLoan Schedule and as to each Mortgage File, specifying any documendelivered and any original document that has not been received, andverifying the items listed in this Section 3(b).(c) As required by Section 3(a), Custodian shall deliver to Buyer,nolater than 3:00 p.m. Eastern Time on the related Purchase Date(provided, thatthe

Custodian has timely received the items required in Section2(b) herein),electronically or via facsimile, followed, if requested in writingby Buyer, byovernight courier, a Custodial Mortgage Loan Schedule havingappended thereto aschedule of all Mortgage Loans with respect to which Custodian hascompleted theprocedures set forth in Sections 3(a) and 3(b)(i) hereof andcertify that it isholding each related Mortgage File for the benefit of Buyer inaccordance withthe terms hereof.

Pleading (Not for Use) Lenders egregious, ongoing and far reaching fraudulent schemes

COMPLAINT ---------------------------------------------------- INTRODUCTION COME NOW THE PLAINTIFF, IN THIS MATTER AND CASE that arises out of Defendants' egregious and ongoing and far reaching fraudulent schemes for improper use of of Plaintiff's identity, negligent and/or intentional misrepresentation of appraised fair market value upon which Plaintiff was contractually bound to rely and factually entitled to rely, fraud in the inducement, fraud in the execution, usury, and breaches of contractual and fiduciary obligations as Mortgagee or "Trustee" on the Deed of Trust. Claims further cite the "Mortgage Brokers," "Loan Originators," "Loan Seller","Mortgage Aggregator," "Trustee of Pooled Assets", "Trustee or officers of Structured Investment Vehicle", "Investment Banker", "Trustee of Special Purpose Vehicle/Issuer of Certificates of 'Asset-backed Certificates'", "Seller of 'Asset-Backed' Certificates (shares or bonds)," "Special Servicer" and Trustee, respectively, of certain mortgage loans pooled together in a trust fund. 2. The participants in the securitization scheme described herein have devised business plans to reap millions of dollars in profits at the expense of Plaintiff and other investors in certain trust funds 3. In addition to seeking compensatory, consequential and other damages, Plaintiff seeks declaratory relief as to what (if any) party, entity or individual or group thereof is the owner of the promissory note executed at the time of the loan closing, and whether the Deed of Trust (Mortgage) secures any obligation of the Plaintiff, and A Mandatory Injunction requiring reconveyance of the subject property to the Plaintiff or, in the alternative a Final Judgment granting Plaintiff Quiet Title in the subject property. FACTS SUMMARY OF THE FACTS OF THIS CASE 4. Plaintiff is the nominal payor on the subject promissory Note. The Loan Seller is a financial institution that was paid a fee to pose as a residential mortgage lender, when in fact the source of loan funds and the actual lender (Investors in Certificates) and underwriter (Mortgage Aggregator and Investment Banker) were other parties whose identities and receipt of fees and profits were withheld from Plaintiff at Closing and despite numerous requests continue to be withheld from Plaintiff by the Defendants contrary to the requirements of Federal Law and applicable State Law. 5. Unknown to Plaintiff, the Loan Seller, acting as principal in its relationships with the "independent appraiser" of the property and the mortgage broker and mortgage originator, induced the Plaintiff into a transaction that did not and could not meet normal underwritingstandards for a residential mortgage. The Loan Seller posed as a conventional mortgage lender thus leading Plaintiff to reasonably believe that the Loan Seller, the mortgage broker, and the loan originator had an interest in the success( repayment of the loan) of the transaction that Plaintiff was induced to believe was being executed at the time of the "closing" of the subject loan transaction. 6. In fact, the Loan Seller, mortgage broker, appraiser, loan originator, title agent, escrow agent and Trustee on the Deed of Trust, had no financial stake (i.e., liability) in the transaction andno interest other than obtaining Plaintiff's signature on a "loan" that could never be repaid, contrary to representations and assurances from the conspiring participants in this fraudulent scheme. In fact, the "Appraisal" was intentionally and knowingly inflated along with other loan data to justify the closing of the "loan transaction." 7. Plaintiff relied upon the due diligence of the apparent "Lender" (i.e., actually the Loan Seller) in executing the and accepting the closing documents. In fact, no "lender" was involved in the closing in the sense of an entity performing due diligence and evaluation pursuant to national standards for underwriting and evaluating risk of loaning money in a residential loan closing. 8. Thus no bank or other financial institution actually performing under the standards, rules and regulations governing such institutions was the "lender" which is the basis for Plaintiff's cause of action for usury, to wit: that the inflated appraisal added an undisclosed cost to the loan which when added to the other terms, disclosed and undisclosed, and amortized over the real expected life of the "loan" exceeds the limits set by the State legislature for usury and is not subject to exemption because the presence of a financial institution in the transaction was a ruse in which the form of the transaction covered over and mislead the Plaintiff as to the real parties in interest and the fees generated by the production of the subject "loan transaction." Their purpose was solely to collect fees, rebates, kickbacks and profits that were never disclosed to Plaintiff and have only recently been discovered by Plaintiff through consultation with experts in securitization of residential mortgage loans, and diligent research including the filings of some parties with the Securities and exchange Commission which disclose the normal manner of operating this fraudulent scheme. 10. Plaintiff has repeatedly requested and demanded compliance with Qualified Written Requests under Real Estate Settlement Procedures Act, the Truth in Lending Act, and other applicable state and Federal Statutes which the Defendants have either ignored or refused to acknowledge or refused to resolve, copies of which demands are attached hereto as Exhibits and incorporated herein. 11. Plaintiff's Counsel and other professionals hired by Plaintiff have conducted interviews with witnesses and have personally observed the practices and facts alleged herein. Besides theobvious theft of identity which lies at the core of the pattern of conduct defining the Defendants' illegal and fraudulent scheme, it is observably obvious that the property was appraised improperly, never verified despite "stringent" underwriting standards imposed by Government Sponsored Entities (interim investors) with which the Defendants purported to comply (and did not) to wit: the appraisal report attached hereto and incorporated herein clearly shows the fair market value of the site (without improvements) quadrupling in less than 24 months and then returning to original value within 6 months after the closing of the "loan" transaction. 12. Further, no less than three legal persons apparently claim to have performed the appraisal only two of which are shown to have received compensation and one of which is already admitted as merely being a pass-through vehicle of Quicken Loans by which Quicken Loans could claim, but not earn, additional undisclosed fees. Upon information and believe Defendant (name) may have performed the only review for appraisal services although the appraisal report was apparently produced by Defendant Cornerstone for a fee of $450 onto which the stamped signature of Defendant Quintero appears. Quintero does not claim to be an employee of Cornerstone and is believed by Plaintiff to be an "independent contractor". The settlement statement also reports an appraisal fee to Defendant TSI, which is a vehicle through which Quicken Loans improperly charges borrowers undisclosed fees and does not perform any work whatsoever. 13.The Loan Seller was named as the Payee on the subject promissory note and the beneficiary under the mortgage terms allegedly securing the performance under the subject note. The "Trustee" was named as the Trustee on the Deed of Trust executed at the time of the alleged"closing" of the "loan transaction." In accordance with State law, the Deed and terms of security were recorded in the county records. 4.Notwithstanding the above, and without the knowledge of the Plaintiff, the Loan Seller had entered into Assignment and Assumption Agreements with one or more parties and Pooling and Service Agreements with one or more parties including but not limited to the mortgage aggregator prior to or contemporaneously with the "Closing" of the subject "loan transaction." 14.1. Under the terms of these agreements, the Loan Seller received a sum of money, usually on receiving an application for a loan equal to the gross amount of the loan sought by Plaintiff plus a fee of 2.5% or more which was allocated to the subject loan transaction. 15.Contrary to the documents presented before and during the "closing" of the "loan transaction" the Loan Seller was neither the source of funding nor the "Lender." 15.1. Thus at the time of recording, the source of funding and the "Lender" was a different entity than the nominal mortgagee or beneficiary under the deed of trust and was neither named nor disclosed in any fashion. 15.2. The security for the "loan" thus secured an obligation that had been paid in full by a third party. Said third party(ies) was acting as a financial institution or "Lender" without even having been chartered or registered to do so despite regulations to the contrary from laws and rules of State or Federal authorities and/or agencies. 16.Some form of documentation represented by the Loan Seller to the Mortgage Aggregator was presented before or contemporaneously with the "closing" of the loan" transaction. In some cases the documentation included actual copies of the documents presented at "Closing." 16.1. In most cases it consisted of either forged blank notes or vague descriptions of the content of the notes that were placed into the pool of assets that would be "securitized." 16.2. Plaintiff has discovered numerous cases in which the "loan closing" either did not take place at all or included documentation substantially different than the original offer and acceptance and substantially different than what could have been reported to the Mortgage Aggregator prior to the "closing." Plaintiff has discovered numerous cases in which foreclosure has proceeded despite the fact that no loan closing was ever consummated, no papers were ever signed, or the loans were properly rescinded properly under law. 17.Plaintiff does not know what version of documentation was presented to the MortgageAggregator and if the Mortgage Aggregator took one or more varying descriptions of the alleged "loan documents" into more than one pool of assets which was eventually sold for the purpose of securitizing the assets of the pool which included the subject loan transactioneither once or more than once. Plaintiff has requested such information numerous times onlyto be met with complete silence and defiance or obfuscation from the Defendants. 18.There is no assignment of the subject mortgage in the county records, but there is a non-recorded Pooling and Services" Agreement and a non-recorded Assignment and Assumption Agreement which appears to substitute the Trustee over the pooled assets for the nominal Trustee in the Deed of Trust. 18.1. The powers of this second Trustee were in turn transferred to either a Trustee for a Special Investment Vehicle (which performed the accounting and reporting of the pool assets) or to an investment bank Collateral Debt Obligation manager whose department performed the accounting and reporting of the pool assets. 18.2. The reporting of the pool assets consisted principally of descriptions of the notes "signed" by borrowers and limited descriptions of the general terms of the note suchthat the note appeared to be more valuable than the initial terms of payment by the "borrower." 19.The note from the subject "loan transaction" was eventually allocated into a new corporation (Special Purpose Vehicle) formed for the express purpose of holding the pooled assets under certain terms. 19.1. The terms included the allocation of payments from one note to pay any deficiency in payment of another note in unrelated "loan transactions" contrary to the terms of each such note which required payments to be allocated to the principal, interest, escrowand fees associated with only that specific "loan transaction." 19.2. Whether such "deficiency" was caused by the difference between the higher general terms of description of the note or the lower actual payment requirements from the"borrower" is not known, despite numerous requests for accounting and the refusal of Defendants to provide any such information. 0.The Investment Banking firm arranged through payment for a false inflated appraisal of thecertificates and/or issuer of the certificates that would be sold to investors in much the sameway as it had procured the false appraisal of the property that "secured" the "loan transaction." In addition, insurance was purchased from proceeds of this transaction, creditdefault swaps were purchased from proceeds of this transaction, the investors investmentswere "oversold" to create a reserve pool from which the SPV could pay deficiencies in payments, and the SPV created cross-collateralization agreements and overcollateralization of the pool assets to assure payments to the investors, thus creating co-obligors on the payment stream due from the Plaintiff on the subject "loan transaction." 1.The pool assets, including the Plaintiff's subject "loan transaction " were pledged completelyto the owners of the "asset-backed securities." All the certificates were then transferred to aSeller who in turn sold the certificates in varying denominations, each of which had slightlydifferent terms depending upon which segment of the pool (tranche) secured the investment. 2. If there is a holder in due course of the Plaintiff's note arising from the subject "loantransaction" it is the investors who purchased said securities (certificates). Some of saidsecurities are held by the original purchaser thereof, others were sold at weekly auctionmarkets, others were paid by re-sales of property that was "secured", others were paid fromprepayments, others were paid by sale at full or partial price to the investment bank thatoriginated the entire transaction, some of which might be held by the Federal Reserve as non-recourse collateral, and others might have been paid by one or more of the insurance, creditdefault swaps, cross guarantees or cross collateralization of the segment of the pool thatsecured the relevant investor who owned certificates backed by a pool of assets that includedthe subject "loan transaction." 3. It is doubtful that any of the Defendants have any knowledge or have made any effort todetermine whether the putative holders in due course have been paid in whole or in part. Itcan only be said with certainty that these Defendants seek to enforce loan documents for which they have already been paid in full plus illegal fees for participating in an illegal scheme. These Defendants seek to add insult to injury by demanding ownership of the property in addition to the receipt of payment in full long before any delinquency or default even allegedly occurred. 4. In order for these Defendants to maintain legal standing in connection with the subject loan transaction they are required to show the entire chain of title of the note and the entire chainof title of the mortgage. They have refused to do this despite numerous requests, leading PLaintiff to concluded that the Defendants cannot produce such evidence of a complete chain of title or are intentionally withholding the information that would show breaks in such chain. 5.Plaintiff is left in the position of being in an adversary roceeding with ghosts. While these Defendants have informally offered or considered providing indemnification for any third party claims, the fact remains that any relief awarded these defendants, any standing allowed to these defendants would expose the Plaintiff to multiple claims and suits from an unknown number of parties and entities that all claim, possibly correctly, to the holders in due course.Any grant of ac certificate of title to an entity other than Plaintiff or the nominal mortgagee creates an incurable defect in title. 26.There is no recording of any document in the county records which predates the Defendants' attempt to initiate foreclosure and/or eviction or which would authorize them to proceed. Significance of REMIC 27.Mortgage backed Securities (MBS) Certificates are "pass through Certificates," where the Trust has elected to be treated as a Real Estate Mortgage Investment Conduit ("REMIC") to enjoy the tax exempt status allowed under 15 U.S.C. §§806A-G. 27.1. REMIC regulations impose very strict limitations as to the nature of the investments aREMIC trust may make (i.e. "permitted investments") and transactions which it maynot undertake (i.e. "prohibited transactions"). 27.2. Any violation of REMIC regulations has significant tax implications for the Trust, as well as all Certificate holders. For example, any income realized by the Trust from a "prohibited transaction" is taxed at 100%. 27.2.1. The REMIC regulations also provide that any entity that causes the REMIC regulations to be violated is liable to the Trust and the Certificate holders for the entire amount of the tax. 27.3. Only income from "qualified mortgages" and permitted investments" may enter a REMIC trust. 27.4. A "qualified mortgage" is an obligation (i.e. mortgage) which is principally secured by an interest in real property which (1) was transferred to the Trust on the startup date,(2) was purchased by the REMIC Trust within 3 months after the startup date or (3)any qualified replacement mortgage. 27.5. Permitted investments are limited to: 27.5.1. Cash Flow Investments (i.e. temporary investment where the Trust holds money it has received from qualified mortgages pending distribution to the Certificateholders); 27.5.2. Qualified Reserve Assets (i.e. any intangible property which is held forinvestment and is part of a reasonably required reserve to provide for fullpayment of expenses of the REMIC or amounts due on regular interests in theevent of defaults on qualified mortgages or lower than expected returns on cashflow investments. 27.5.2.1. These investments are for very defined purposes and are to be passive innature. They must be "reasonably required." 27.5.3. Liquidation Proceeds from "foreclosed property" which is acquired in connection with the default or imminent default of a "qualified mortgage" held by the Trust. 28. In order to maintain the REMIC status, the Trustee and the Servicers must ensure that the REMIC receives no income from any asset that is not a "Quailed Mortgage" or a "Permitted Investment." 26 U.S.C. § 806F(a)(2)(B). 28.1. Prohibited Transactions include the disposition of a qualified mortgage (except where the disposition is "incident to" the foreclosure, default, or imminent default of the mortgage); or the receipt of any income from an asset that is not a Qualified Mortgageor a Permitted Investment. 26 U.S.C. § 860F(a)(2)(B). 28.2. Prohibited Transactions are taxed in an amount 100% of the REMIC's net income from such prohibited transaction. 26 U.S.C. § 860F(a)(1). 28.3. Contributions of any "property" – e.g., cash, mortgages, etc. – made to the REMIC areaxed at 100% of the contribution, except for the four following exceptions: 28.3.1. Contributions to facilitate a "clean up call" (i.e. the redemption of a class of 28.3.2. regular interest, when by reason of prior payments with respect to those interests 28.3.3. the administrative costs associated with servicing that class outweigh the benefits 28.3.4. of maintaining the class). Reg. § 1.860G-2(j)(1). 28.3.5. Any cash payment in the nature of a guarantee, such as payments to the REMIC Any violation of REMIC regulations will defeat the privileged tax status and will subject the REMIC to 100% taxation, plus penalties and interest. These taxes and penalties are ultimately borne by the Certificate holders. under a surety bond, letter of credit or insurance policy. 28.3.6. Any cash contribution during the three month period after the start-up day; and Any cash contribution to a qualified reserve fund made by a holder of a residual interest. On a monthly basis, the Investment Banking firm and/or its agents, servants or employees compiled, individually and in concert, oversaw and approved all the information contained in the Distribution Reports and electronically sent same to certain parties. 29.1. Based upon research performed by experts on behalf of the Plaintiff. the data regarding the number of bankruptcies, aggregate Special Servicing Fees, and aggregate Trust Fund Expenses was routinely incomplete, false, and/or misleading. 29.2. Further said report intentionally obfuscated the illegal allocation of payments, the failure to disclose payments, and the effect on the alleged obligation of the Plaintiff, to wit: despite numerous insurance products, credit default swaps, cross collateralization, over collateralization and polling at multiple levels, money received by some or all of these Defendants under the pretense of it being a "Mortgage Payment" was in fact retained, reserved, applied to non-performing loans to make them appear as though they were performing loans, or paid as fees to the enterprise Defendants described in this complaint. 29.3. Based upon the failure of the Defendants to respond, Plaintiff has every reason to believe that the party receiving the payments (Amtrust Bank) is neither the holder in due course of the note nor the owner of any rights under the mortgage provisions of the deed of trust. 29.3.1. Further, Plaintiff has every reason to believe that her payments are not being forwarded to the holder in due course of the note nor to any other authorized party. 29.3.2. Accordingly Plaintiff is in jeopardy, to wit: the true holder in due course and potentially dozens or even thousands of third parties could come forward claiming an unsatisfied interest in the promissory note and may or may not be subject to Plaintiffs various affirmative defenses and counterclaims. "transaction." for example, if the toxic waste paper wold under cover of Plaintiffʼs credit rating and identity was sold at an investment return of 6% and the mortgage note carried a principal balance of $300,000, the enterprise Defendants sold the "investment" certificates on that "loan" for approximately $740,000 and thus received $440,000 in illegal, fraudulent and undisclosed "profits" or "fees" in a $300,000 mortgage transaction.29.3.8.4. Thus the economics of mortgage origination changed, to wit: the worse the loan, the more money the enterprise defendants made as long as there were enough people, like Plaintiff, whose identify was used to hide the high volume ( and high profit) of toxic waste loans. 29.3.8.5. It was thus in the financial interest of the enterprise Defendants to create unrealistic and false market expectations, deceiving the public as a whole in specified geographical areas of the country that were identified by these enterprise Defendants as targets. 29.3.8.6. Since these illegal profits were not disclosed, the Plaintiff is entitled to an accounting and a pro rate share of the profits obtained by the illegal, improper and undisclosed use of her name, credit rating and identity. 29.3.8.7. Based upon the opinion of Plaintiffʼs experts, Plaintiffʼs share of said profits would be in excess of $1 million. 30. The Distribution Reports are supposed to accurately reflect the "financial health of the trust," and provide Certificate holders,with important data such as the number of loans in bankruptcy, the aggregate amount of special servicing fees, and the aggregate amounts of trust fund expenses. Each and every one of these categories is essential for to assess its profit and loss potential in the REMIC entity. Furthermore, this data is used by bond rating agencies to assess the value of the Certificates. 31. Based upon the filings and information of the Plaintiff it appears that no accurate accounting has ever been presented to anyone and that therefore the identity and status of any putative holder in due course is completely shrouded in secrecy enforced by these Defendants, their agents, servants and employees. 31.1. Unreported repurchases of certificates or classes of certificates would and did result in a profit to the REMIC that went unreported, and which was not credited to Borrowers where the repurchase was, as was usually the case, the far less than the original investment. 31.2. While the Plaintiff would never have entered into a transaction in which the true nature of this scheme was revealed, any profits, refunds, rebates, fees, points, costs or other income or gain should be credited on some basis to said borrowers including Plaintiff herein. GENERAL ALLEGATIONS 32. The end result of the false and misleading representations and material omissions of Defendants as to the true nature of the mortgage loan actually being processed, which said Defendants had actual knowledge was in direct conflict with the original Uniform Residential Loan Application, early TIL, and Plaintiff' stated intentions and directions to said Defendants at the time of original application for the loan, fraudulently caused Plaintiff to execute predatory loan documents. 33. At no time whatsoever did Defendants ever advise Plaintiff (nor, as far as Plaintiff can determine, any "investor" in certificates of mortgage-backed securities) that: 33.1. the mortgage loan being processed was not in their best interest; 33.2. the terms of the mortgage loan being processed were less favorable than the fixed-rate loan which Defendants previously advised Plaintiff that they qualified for; 33.3. that the mortgage loan was an inter-temporal transaction (transaction where terms, risks, or provisions at the commencement of the transaction differ at a later time) on which Plaintiff was providing cover for Defendants' illegal activities. 33.4. that Plaintiff would likely be placed in a position of default, foreclosure, and deficiency judgment regardless of whether she met her loan obligations once the true lender or true holder(s) in due course appeared; 33.5. that the originating "lender", that being Defendant Capital Mortgagebanc and/or Amtrust Bank and/or undisclosed third parties, had no intention of retaining ownership interest in the mortgage loan or fully servicing same and in fact may have and probable had already pre-sold the loan, prior to closing, to a third party mortgage aggregator pursuant to previously executed documentation (Assumption and assignment Agreement, Pooling Services Agreement, etc. all executed prior to Plaintiff's "loan Closing." 33.6. that the mortgage loan was actually intended to be repeatedly sold and assigned to multiple third parties, including one or more mortgage aggregators and investment bankers (including but not limited to Defendants DOES 1-10), for the ultimate purpose of bundling the Plaintiff' mortgage with hundreds or perhaps thousands of others as part of a companion, support, or other tranche in connection with the creation of a REMIC security known as a Collateralized Mortgage Obligation ("CMO"), also known as a "mortgage-backed security" to be sold by a securities firm (and which in fact ended up as collateral for Asset-Backed Securities Certificates, created the same year as the closing); 33.7. that the mortgage instrument and Promissory Note may be sold, transferred, or assigned separately to separate third parties so that the later "holder" of the Promissory Note may not be in privity with or have the legal right to foreclose in the event of default; 33.8. that in connection with the multiple downline resale and assignment of the mortgage and Promissory Note that assignees or purchasers of the Note may make "pay-downs" against the Note which may effect the true amount owed by the Plaintiff on the Note; 33.9. that a successive assignee or purchaser of the Note and Mortgage may not, upon assignment or purchase, unilaterally impose property insurance requirements different from those imposed as a condition of the original loan (also known as prohibition against increased forced-placed coverage) without the Plaintiff' prior notice and consent; 34.As a result of the closing and in connection therewith, Defendants placed the Plaintiff into a pool of a sub-prime adjustable rate mortgage programs, with Defendants intentionally misleading Plaintiff and the other borrowers and engaging in material omissions by failing to disclose to Plaintiff and other borrowers the fact that the nature of the mortgage loan applications had been materially changed without Plaintiff's knowledge or consent, and that Plaintiff was being placed into a pool where the usual loan was an adjustable rate mortgage program despite borrowers not being fully qualified for such a program. 35.Prior to the closing, Defendant Capital Mortgagebanc and/or Amtrust Bank and/or undisclosed third parties failed to provide to Plaintiff the preliminary disclosures required by the Truth-In- Lending Act pursuant to 12 CFR (also known as and referred to herein as "Regulation Z) sec. 226.17 and 18, and failed to provide the preliminary disclosures required by the Real Estate Settlement Procedures Act ("RESPA") pursuant to 24 FR sec. 3500.6 and 35007, otherwise known as the GFE. 36.Defendant Capital Mortgagebanc and/or Amtrust Bank and/or undisclosed third parties also intentionally failed and/or refused to provide Plaintiff with various disclosures which would indicate to the Plaintiff that the consumer credit contract entered into was void, illegal, and predatory in nature due in part to the fact that the final TIL showed a "fixed rate" schedule of payments, but did not provide the proper disclosures of the actual contractually-due amounts and rates. 37.Defendants failed and/or refused to provide a HUD-1 Settlement Statement at the closing which reflected the true cost of the consumer credit transaction. As Defendants failed to provide an accurate GFE or Itemization of Amount Financed ("IOAF"), there was no disclosure of a Yield Spread Premium ("YSP", which is required to be disclosed by the Truth-In-Lending Act) and thus no disclosure of the true cost of the loan. 38.As a direct and proximate result of these failures to disclose as required by the Truth-In– Lending Act, Defendant MOTION received a YSP in a substantial amount of without preliminary disclosure, which is a per se violation of 12 CFR sec. 226.4(a), 226.17 and 18(d) d (c)(1)(iii). The YSP raised the interest rate which was completely unknown to or approved by the Plaintiff, as they did not received the required GFE or IOAF. 39. In addition, the completely undisclosed YSP was not disclosed by Defendant in their broker contract, which contract was blank in the area as to fees to be paid to Defendant. This is an illegal kickback in violation of 12 USC sec. 2607 as well as State law which gives rise to all damages claims for all combined broker fees, costs, and attorneys' fees. 40.The Amount Financed within the TIL is also understated which is a material violation of 12 CFR sec. 226.17 and 18, in addition to 15 USC sec. 1602(u), as the Amount Financed must be completely accurate with no tolerance. 41.Defendants were under numerous legal obligations as fiduciaries and had the responsibility or overseeing the purported loan consummation to insure that the consummation was legal, proper, and that Plaintiff received all legally required disclosures pursuant to the Truth-In- Lending Act and RESPA both before and after the closing. 42.Plaintiff, not being in the consumer lending, mortgage broker, or residential loan business, reasonably relied upon the Defendants to insure that the consumer credit transaction was legal, proper, and complied with all applicable laws, rules, and Regulations. 43.At all times relevant hereto, Defendants regularly extended or offered to extend consumer credit for which a finance charge is or may be imposed or which, by written agreement, is payable in more than four (4) installments and was initially payable to the person the subject of the transaction, rendering Defendants "creditors" within the meaning of the Truth-In-Lending Act, 15 U.S.C. sec. 1602(f) and Regulation Z sec. 226.2 (a)(17). 44.At the closing of the subject "loan transaction", Plaintiff executed Promissory Notes and Security Agreements in favor of Defendants as aforesaid. These transactions, designated by Defendants as a Loan, extended consumer credit which was subject to a finance charge and which was initially payable to the Defendants. 45.As part of the consumer credit transaction the subject of the closing, Defendants retained a security interest in the subject property which was Plaintiff' principal residential dwelling. 46.Defendants engaged in a pattern and practice of defrauding Plaintiff in that, during the entire life of the mortgage loan, Defendants failed to properly credit payments made; incorrectly calculated interest on the accounts; and have failed to accurately debit fees. At all times material, 47.Defendants had actual knowledge that the Plaintiff' accounts were not accurate but that Plaintiff would make further payments based on Defendants' inaccurate accounts. 48.Plaintiff made payments based on the improper, inaccurate, and fraudulent representations as to Plaintiff' accounts. 49.As a direct and proximate result of the actions of the Defendants set forth above, Plaintiff overpaid in interest. 50.Defendants also utilized amounts known to the Defendants to be inaccurate to determine the amount allegedly due and owing for purposes of foreclosure. 51.Defendants' violations were all material in nature under the Truth-In-Lending Act. 52.Said violations, in addition to the fact that Plaintiff did not properly receive Notices of Right to Cancel, constitute violations of 15 USC sec. 1635(a) and (b) and 12 CFR sec. 226.23(b), and are thus a legal basis for and legally extend Plaintiff' right to exercise the remedy of rescission. 53.Defendants assigned or attempted to assign the Note and mortgage to parties who did not take these instruments in good faith or without notice that the instruments were invalid or that Plaintiff had a claim in recoupment. Pursuant to ORC sec. 1303.32(A)(2)(b)(c) and (f), Defendants are not a holder indue course and is thus liable to Plaintiff, individually, jointly and severally. 54. On information and belief and given that the consumer credit transaction was an inter- temporal transaction with multiple assignments as part of an aggregation and the creation of a REMIC tranche itself a part of a predetermined and identifiable CMO, all Defendants shared in the illegal proceeds of the transaction; conspired with each other to defraud the Plaintiff out of the proceeds of the loan; acted in concert to wrongfully deprive the Plaintiff of their residence; acted in concert and conspiracy to essentially steal the Plaintiff' home and/or convert the Plaintiff' home without providing Plaintiff reasonably equivalent value in exchange; and conducted an illegal enterprise within the meaning of the RICO statute. 55. On information and belief and given the volume of residential loan transactions solicited and processed by the Defendants, the Defendants have engaged in two or more instances of racketeering activity involving different victims but utilizing the same method, means, mode, operation, and enterprise with the same intended result. Claims for Relief COUNT I: VIOLATIONS OF HOME OWNERSHIP EQUITY PROTECTION ACT 56. Plaintiff reaffirm and reallege the above paragraphs 1-52 hereinabove as if set forth more fully hereinbelow. 57. In 1994, Congress enacted the Home Ownership Equity Protection Act ("HOEPA") which is codified at 15 USC sec. 1639 et seq. with the intention of protecting homeowners from predatory lending practices targeted at vulnerable consumers. HOEPA requires lenders to make certain defined disclosures and prohibits certain terms from being included in home loans. In the event of noncompliance, HOEPA imposes civil liability for rescission and statutory and actual damages. 58. Plaintiff are "consumers" and each Defendant is a "creditor" as defined by HOEPA. In the mortgage loan transaction at issue here, Plaintiff were required to pay excessive fees, expenses, and costs which exceeded more than 10% of the amount financed. 59. Pursuant to HOEPA and specifically 15 USC sec. 1639(a)(1), each Defendant is required to make certain disclosures to the Plaintiff which are to be made conspicuously and in writing no later than three (3) days prior to the closing. 60. In the transaction at issue, Defendants were required to make the following disclosure to Plaintiff by no later than three (3) days prior to said closing: 60.1. "You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application. If you obtain this loan, the lender will have a mortgage on your home. You could lose your home and any money you have put into it, if you do not meet your obligation under the loan." 61.Defendants violated HOEPA by numerous acts and material omissions, including but not limited to: 61.1. (a) failing to make the foregoing disclosure in a conspicuous fashion; 61.2. (b) engaging in a pattern and practice of extending credit to Plaintiff without regard to their ability to repay in violation of 15 USC sec. 1639(h). 62.By virtue of the Defendants' multiple violations of HOEPA, Plaintiff have a legal right to rescind the consumer credit transaction the subject of this action pursuant to 15 USC sec. 1635. This Complaint is to be construed, for these purposes, as formal and public notice of Plaintiff's Notice of Rescission of the mortgage and note. 63.Defendants further violated HOEPA by failing to make additional disclosures, including but not limited to Plaintiff not receiving the required disclosure of the right to rescind the transaction; 64. the failure of Defendants to provide an accurate TIL disclosure; and the amount financed being understated. 65.As a direct consequence of and in connection with Plaintiff' legal and lawful exercise of their right of rescission, the true "lender" is required, within twenty (20) days of this Notice of Rescission, to: 65.1. (a) desist from making any claims for finance charges in the transaction; 65.2. (b) return all monies paid by Plaintiff in connection with the transaction to the Plaintiff; 65.3. (c) satisfy all security interests, including mortgages, which were acquired in the transaction. 66.Upon the true "lenders" full performance of its obligations under HOEPA, Plaintiff shall tender all sums to which the true lender is entitled. 67. Based on Defendants' HOEPA violations, each of the Defendants is liable to the Plaintiff for the following, which Plaintiff demand as relief: 67.1. (a) rescission of the mortgage loan transactions; 67.2. (b) termination of the mortgage and security interest in the property the subject of the mortgage loan documents created in the transaction; 67.3. (c) return of any money or property paid by the Plaintiff including all payments made in connection with the transactions; 67.4. (d) an amount of money equal to twice the finance charge in connection with the transactions; 67.5. (e) relinquishment of the right to retain any proceeds; and 67.6. (f) actual damages in an amount to be determined at trial, including 67.7. attorneys' fees. COUNT II: VIOLATIONS OF REAL ESTATE SETTLEMENT PROCEDURES ACT 68. Plaintiff reaffirm and reallege paragraphs 1-52 above herein as if specifically set forth more fully hereinbelow. 69. As mortgage lenders, Defendants are subject to the provisions of the Real Estate Settlement Procedures Act ("RESPA"), 12 USC sec. 2601 et seq. 70. In violation of 12 USC sec. 2607 and in connection with the mortgage loan to Plaintiff, Defendants accepted charges for the rendering of real estate services which were in fact charges for other than services actually performed. 71. As a result of the Defendants' violations of RESPA, Defendants are liable to Plaintiff in an amount equal to three (3) times the amount of charges paid by Plaintiff for "settlement services" pursuant to 12 USC sec. 2607 (d)(2). COUNT III: VIOLATIONS OF FEDERAL TRUTH-IN-LENDING ACT 72. Plaintiff reaffirm and realleges paragraphs 1-52 above hereinabove as if set forth more fully herein below. 73. Defendants failed to include and disclose certain charges in the finance charge shown on the TIL statement, which charges were imposed on Plaintiff incident to the extension of credit to the Plaintiff and were required to be disclosed pursuant to 15 USC sec. 1605 and Regulation Z 74. sec. 226.4, thus resulting in an improper disclosure of finance charges in violation of 15 USC sec. 1601 et seq., Regulation Z sec. 226.18(d). Such undisclosed charges include a sum dentified on the Settlement Statement listing the amount financed which is different from the sum listed on the original Note. 75. By calculating the annual percentage rate ("APR") based upon improperly calculated and disclosed amounts, Defendants are in violation of 15 USC sec. 1601 et seq., Regulation Z sec. 226.18(c), 18(d), and 22. 76. Defendants' failure to provide the required disclosures provides Plaintiff with the right to rescind the transaction, and Plaintiff, through this public Complaint which is intended to be construed, for purposes of this claim, as a formal Notice of Rescission, hereby elect to rescind the transaction. COUNT IV: VIOLATION OF FAIR CREDIT REPORTING ACT 77. Plaintiff reaffirm and reallege paragraphs 1-52 above as if set forth more fully hereinbelow. 78. At all times material, Defendants qualified as a provider of information to the Credit Reporting Agencies, including but not limited to Experian, Equifax, and TransUnion, under the Federal Fair Credit Reporting Act. 65. Defendants wrongfully, improperly, and illegally reported negative information as to the Plaintiff to one or more Credit Reporting Agencies, resulting in Plaintiff having negative information on their credit reports and the lowering of their FICO scores. 78.1. The negative information included but was not limited to an excessive amount of debt into which Plaintiff was tricked and deceived into signing. 78.2. Notwithstanding the above, Plaintiff has paid each and every payment on time from the time of the loan closing through the present. 79.Pursuant to 15 USC sec. 1681(s)(2)(b), Plaintiff are entitled to maintain a private cause of action against Defendants for an award of damages in an amount to be proven at the time of trial for all violations of the Fair Credit Reporting Act which caused actual damages to Plaintiff, including emotional distress and humiliation. 80.Plaintiff are entitled to recover damages from Defendants for negligent non-compliance with the Fair Credit Reporting Act pursuant to 15 USC sec. 1681(o). 81.Plaintiff are also entitled to an award of punitive damages against Defendants for their willful noncompliance with the Fair Credit Reporting Act pursuant to 15 USC sec. 1681(n)(a)(2) in an amount to be proven at time of trial. COUNT VII: FRAUDULENT MISREPRESENTATION 82.Plaintiff reaffirm and reallege paragraphs 1-52 above as if set forth more fully hereinbelow. 83.Defendants knowingly and intentionally concealed material information from Plaintiff which is required by Federal Statutes and Regulations to be disclosed to the Plaintiff both before and at the closing. 84.Defendants also materially misrepresented material information to the Plaintiff with full knowledge by Defendants that their affirmative representations were false, fraudulent, and misrepresented the truth at the time said representations were made. 85.Under the circumstances, the material omissions and material misrepresentations of the Defendants were malicious. 86.Plaintiff, not being an investment banker, securities dealer, mortgage lender, mortgage broker, or mortgage lender, reasonably relied upon the representations of the Defendants in agreeing to execute the mortgage loan documents. 87.Had Plaintiff known of the falsity of Defendants' representations, Plaintiff would not have entered into the transactions the subject of this action. 88.As a direct and proximate cause of the Defendants' material omissions and material misrepresentations, Plaintiff have suffered damages. COUNT VIII: BREACH OF FIDUCIARY DUTY 89. Plaintiff reaffirm and reallege paragraphs 1-52 above as if set forth more fully hereinbelow. 90. Defendants, by their actions in contracting to provide mortgage loan services and a loan program to Plaintiff which was not only to be best suited to the Plaintiff given their income and expenses but by which Plaintiff would also be able to satisfy their obligations without risk of losing their home, were "fiduciaries" in which Plaintiff reposed trust and confidence, especially given that Plaintiff were not and are not investment bankers, securities dealers, mortgage lenders, mortgage brokers, or mortgage lenders. 91. Defendants breached their fiduciary duties to the Plaintiff by fraudulently inducing Plaintiff to enter into a mortgage transaction which was contrary to the Plaintiff's stated intentions; contrary to the Plaintiff's interests; and contrary to the Plaintiff's preservation of their home 92. As a direct and proximate result of the Defendants' breaches of their fiduciary duties, Plaintiff have suffered damages. 93. Under the totality of the circumstances, the Defendants' actions were willful, wanton, intentional, and with a callous and reckless disregard for the rights of the Plaintiff justifying an award of not only actual compensatory but also exemplary punitive damages to serve as a deterrent not only as to future conduct of the named Defendants herein, but also to other persons or entities with similar inclinations. COUNT IX: UNJUST ENRICHMENT 94. Plaintiff reallege and reaffirm paragraphs 1-52 above as if set forth more fully hereinbelow. 95. Defendants had an implied contract with the Plaintiff to ensure that Plaintiff understood all fees which would be paid to the Defendants to obtain credit on Plaintiff' behalf and to not charge any fees which were not related to the settlement of the loan and without fulldisclosure to Plaintiff. 96.Defendants cannot, in good conscience and equity, retain the benefits from their actions ofcharging a higher interest rate, fees. rebates, kickbacks, profits (including but not limited tofrom resale of mortgages and notes using Plaintiff's identity, credit score and reputationwithout consent, right, justification or excuse as part of an illegal enterprise scheme) andgains and YSP fee unrelated to the settlement services provided at closing. 97. Defendants have been unjustly enriched at the expense of the Plaintiff, and maintenance of the enrichment would be contrary to the rules and principles of equity. 97.1. Defendants have also been additionally enriched through the receipt of PAYMENT from third parties including but not limited to investors, insurers, and other borrowers, the United States Department of the Treasury, the United States Federal Reserve, and Bank of America, N.A. 98. Plaintiff thus demands restitution from the Defendants in the form of actual damages, exemplary damages, and attorneys' fees. COUNT X: CIVIL CONSPIRACY 99.Plaintiff reaffirm and reallege paragraphs 1-52 above as if set forth more fully hereinbelow. 100.In connection with the application for and consummation of the mortgage loan the subject of this action, Defendants agreed, between and among themselves, to engage in actions and a course of conduct designed to further an illegal act or accomplish a legal act by unlawful means, and to commit one or more overt acts in furtherance of the conspiracy to defraud the Plaintiff. 101.Defendants agreed between and among themselves to engage in the conspiracy to defraudfor the common purpose of accruing economic gains for themselves at the expense of anddetriment to the Plaintiff. 102. The actions of the Defendants were committed intentionally, willfully, wantonly, and withreckless disregard for the rights of the Plaintiff. 103. As a direct and proximate result of the actions of the Defendants in combination resulting infraud and breaches of fiduciary duties, Plaintiff have suffered damages. 104. Plaintiff thus demand an award of actual, compensatory, and punitive damages. COUNT XI: CIVIL RICO 105.Plaintiff reaffirm and reallege paragraphs 1-52 above as set forth more fully hereinbelow. 106.Defendants are "persons" as defined by ORC sec. 2923.31(G). 107.The conspiracy the subject of this action has existed from date of application to the present, with the injuries and damages resulting therefrom being continuing. 108.Defendants' actions and use of multiple corporate entities, multiple parties, and concerted and predetermined acts and conduct specifically designed to defraud Plaintiff constitutes an"enterprise", with the aim and objective of the enterprise being to perpetrate a fraud upon thePlaintiff through the use of intentional nondisclosure, material misrepresentation, andcreation of fraudulent loan documents. 109.Each of the Defendants is an "enterprise Defendant". 110.As a direct and proximate result of the actions of the Defendants, Plaintiff have and continue to suffer damages. COMPLAINT TO QUIET TITLE TO REAL PROPERTY 111. Plaintiff reaffirm and reallege paragraphs 1-52 above as set forth more fully hereinbelow. 112. Plaintiff has sent or has caused to be sent authorized Qualified Written Requests to the only known Defendants which the said Defendants have failed and refused to answer despite acknowledging receipt thereof and despite demands from counsel, a copy of which is attached hereto and made a part hereof as specifically as if set forth at length hereat. 113. Plaintiff has sent or has caused to be sent notice of her intent to rescind the subject loan transaction but has only sent those notices to the only entities that have been disclosed. Hence, without this action, neither the rescission nor the reconveyance which the Plaintiff is entitled to file (as attorney in fact for the originating lender) and will file contemporaneously with this complaint, gives Plaintiff full and clear title to the property. 114.The real party in interest on the lender side may be the owner of the asset backed security issued by the SPV, the insurer through some claim of equitable interest, or the Federal government through the United States Department of the Treasury or the Federal Reserve. The security is a "securitized" bond deriving its value from the underlying mortgages of which the subject mortgage is one. Thus Plaintiff is entitled to quiet title against Defendants, clearing title of the purported subject mortgage encumbrance. 115. Plaintiff is ignorant of the true names and capacities of defendants sued herein as DOES inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. 116. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned,each of the defendants sued herein was the agent and employee of each of the remainingdefendants and was at all times acting within the purpose and scope of such agency and employment. 117. Plaintiff is informed and believes and thereupon alleges that and each of the Defendantsclaim or might claim an interest in the property adverse to plaintiff herein. However, the claim of said Defendants is without any right whatsoever, and said Defendant have no legal or equitable right, claim, or interest in said property. 118. Plaintiff therefore seeks a declaration that the title to the subject property is vested in plaintiff alone and that the defendants herein, and each of them, be declared to have no estate,right, title or interest in the subject property and that said defendants and each of them, beforever enjoined from asserting any estate, right, title or interest in the subject property adverse to plaintiff herein. 119. WHEREFORE, in this Count, plaintiff prays this Court will enter judgment against defendants and each of them, as follows: 119.1. For an order compelling said Defendant, and each of them, to transfer or release legal title and alleged encumbrances thereon and possession of the subject property to Plaintiff herein; 119.2. For a declaration and determination that Plaintiff is the rightful holder of title to the property and that Defendant herein, and each of them, be declared to have no estate, right, title or interest in said property; 119.3. For a judgment forever enjoining said defendants, and each of them, from claiming any estate, right, title or interest in the subject property; 119.4. For costs of suit herein incurred; 119.5. For such other and further relief as the court may deem proper USURY and FRAUD 119.6. Plaintiff reaffirm and reallege the above paragraphs 1-52 hereinabove as if set forthmore fully hereinbelow. The subject loan, note, and mortgage was structured so as tocreate the appearance of a higher value of the real property than the actual fair market value. 119.7. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.119.8. Defendants disguised the transaction to create the appearance of the lender being a properly chartered and registered financial institution authorized to do business and to enter into the subject transaction when in fact the real party in interest was not disclosed to Plaintiff, as aforesaid, and neither were the various fees, rebates, refunds, kickbacks, profits and gains of the various parties who participated in this unlawful scheme. 119.9.Said real party in interest, i.e., the source of funding for the loan and the person to whom the note was transmitted or eventually "assigned" was neither a financial institution nor an entity or person authorized, chartered or registered to do business in this State nor to act as banking, lending or other financial institution anywhere else. 119.10. As such, this fraudulent scheme, (which was in actuality a plan to trick the Plaintiffinto signing what would become a negotiable security used to sell unregulatedsecurities under fraudulent and changed terms from the original note) was in fact asham to use Plaintiff's interest in the real property to collect interest in excess of thelegal rate. 119.11. The transaction involved a loan of money pursuant to a written agreement, and assuch, subject to the rate limitation set forth under state and federal law. The "formula rate" referenced in those laws was exceeded by a factor in excess of 10 contrary to the applicable law and contrary to the requirements for disclosure under TILA and HOEPA. 119.12. Under Applicable law, the interest charged on this usurious mortgage prevents any collection or enforcement of principal or interest of the note, voids any security interest thereon, and entitles the Plaintiff to recovery of all money or value paid to Defendants, plus treble damages, interest, and attorney fees. 119.13. Under Applicable Law Plaintiff are also entitled and demand a permanent injunction be entered against the Defendants (a) preventing them from taking any action or making any report in furtherance of collection on this alleged debt which was usurious, as aforesaid (b) requiring the records custodian of the county in which the alleged mortgage and other instruments are recorded to remove same from the record, (c) allowing the filing of said order in the office of the clerk of the property records where the subject property, "Loan transaction" and any other documents relating to this transaction are located and (d) dissolving any lis pendens or notice of pendency relating to the Defendants purported claim. RELIEF SOUGHT WHEREFORE, having set forth numerous legally sufficient causes of actions against the Defendants, Plaintiff pray for the entry of Final Judgment against all Defendants jointly and severally in an amount not yet quantified but to be proven at trial and such other amounts to be proven at trial, and for costs and attorneys' fees; that the Court find that the ransactions thesubject of this action are illegal and are deemed void; that the foreclosure which was instituted be deemed and declared illegal and void and that further proceedings in connection with the foreclosure be enjoined; and for any other and further relief which is just and proper. DEMAND FOR JURY TRIAL Plaintiff demand trial by jury of all matters so triable as a matter of right. Respectfully submitted, _____________________________ Plaintiff _____________________________ ATTORNEY NAME BAR NUMBER Pro Hac Vice, Counsel to Plaintiff ATTORNEY ADDRESS PHONE Fax: VERIFICATION I, am the Plaintiff in the above-entitled action. I have read the foregoingand know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Phoenix, Arizona. **Only a licensed attorney can represent your rights - Call your local state bar - This site is informational only ** Not licensed to practice law.

Lenders who Lied about Loan Modification Programs

Avoid Foreclosure and Bankruptcy Blog » Lenders who Lied about ...

Jun 23, 2010 ... The attorney will be able to cut through the lender lies and review the true financial status of the borrower in order to paint

THIS IS NOT TO BE CONSTRUED AS LEGAL ADVICE!!

By filing a response, you tell the court that you contest the allegations in the plaintiff’s complaint and force the plaintiff to prove their case in order to win.

If you don’t file a timely response, the plaintiff can petition the court for a “default judgment” and possibly win the lawsuit simply because you failed to respond.

First call an Attorney Immediately. An attorney experienced in defending against the type of lawsuit you’ve been served with will undoubtedly be the best tool in your defense toolbox.

Lawyers are knowledgeable about the procedures involved in lawsuits and skilled at making persuasive arguments to a judge or a jury in your defense. An attorney can also help you try to settle the case out of court as an alternative.This blog only describes situational circumstances and no witness can offer legal advice. M.Soliman is an "expert witness" and not an attorney nor affiliated under a licensed prationer.

This web site does NOT advocate nor believe that modifications exist and will not be involvved in any modificiation or other short sale settlement offers.

Consult an attorney first for your specific problem. NO attorney-client relationship exists.