Case Contra Costa Superior Court
corbett v aurora home loans
press release:
Therefore the seller will be obligated to repurchase or substitute a similar mortgage loan for a mortgage Loan as to which there exists deficient documentation that materially and adversely affects the interests of the certificate holders in the Mortgage Loan or as to which there has been an uncured breach of any representation or Warranty relating to the characteristics of the Mortgage Loans that materially and adversely affects the interests of the certificate holders in that Mortgage Loan.
The seller will represent and warrant to the depositor in the pooling and servicing agreement that the Mortgage Loans were selected from among the outstanding one- to four-family mortgage loans in the seller's portfolio as to which the representations and warranties set forth in the pooling and servicing agreement can be made and that the selection was not made in a manner intended to affect the interests of the certificate holders adversely. See "Loan Program--Representations by Seller; Repurchases, etc." in the prospectus. Under the pooling and servicing agreement, the depositor will assign all its rights, title and interest in and to those representations, warranties and covenant including the seller's repurchase obligation) to the trustee for the benefit of the certificate holders. The depositor will make no representations or warranties with respect to the Mortgage Loans and will have no obligation repurchase or substitute Mortgage Loans with deficient documentation or that are otherwise defective.IndyMac Bank is selling the Mortgage Loans without recourse and will have noobligation with respect to thecertificates in its capacity as sellerother than the repurchase or substitutionobligations described above.
The obligations of IndyMac Bank, as servicer, with respect to the certificates are limited to the servicer's contractual servicing obligations under the pooling and servicing agreement.The depositor believes that the cut-off date information set forth in this Prospectus supplement regarding the Mortgage Loans is representative of the Characteristics of the Mortgage Loans to be delivered on the closing date.
Certain Mortgage Loans, however, may prepay or may be determined not to meet the eligibility requirements for inclusion in the final pool. A limited number of Mortgage Loans may be added to or substituted for the Mortgage Loans described in this prospectus supplement, although any addition or substitution will natal difference in the pool of Mortgage Loans.
As a result, the cut-off date information regarding the Mortgage Loans actually delivered on the closing date may vary from the cut-off date information regarding the Mortgage Loans presented in this prospectus supplement.
As of the Cut-off Date, the aggregate Stated Principal Balance of the Mortgage Loans CERTAIN MODIFICATIONS AND REFINANCINGS
The Servicer may modify any Mortgage Loan at the request of the related mortgagor, provided that the Servicer purchases the Mortgage Loan from the issuing entity immediately preceding the modification.
Any codification of mortgage Loan may not be made unless the modification includes a change in the interest rate on the related Mortgage Loan to approximately a prevailing market rate. The Servicer attempts to identify mortgagors who are likely to refinance their Mortgage Loans (and therefore cause a prepayment in full) and inform them of the availability of the option of modification in lieu of refinancing. Mortgagors who are informed of this option are more likely to request modification than mortgagors who are not so informed.
Any purchase of a mortgage Loan subject to a modification will be for a price equal to 100% of the Stated Principal Balance of that Mortgage Loan, plus accrued and unpaid interest on the Mortgage Loan up to the first day of the month in which the proceeds are to be distributed at the applicable adjusted net mortgage rate, net of any unreimbursed advances of principal and interest on the Mortgage Loan made by the Servicer. The Servicer will deposit the purchase price in the Certificate Account within one business day of the purchase of that MOTGAGE Loan and the purchase price will be treated by the Servicer as a prepayment in full of the related mortgage Loan.
The payoff through a repurchase and will be distributed by the trustee in accordance with the pooling and servicing agreement. Purchases of Mortgage Loans may occur when prevailing interest rates are below the interest rates on the Mortgage Loans and mortgagors request modifications as an alternative to refinancing.
The Servicer will indemnify the issuing entity against liability for any prohibited transactions taxes and any interest, additions or penalties imposed on any REMICS as a result of any modification or purchase.
Conditions pprecedent. In Scotts matter we are pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity, and when so made the party pleading the performance or occurrence shall on the trial establish the facts showing such performance or occurrence.
B Judgment or other determination of court or officer; how pleaded. In pleading a judgment or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation is controverter, the party pleading is bound to establish on the trial the facts conferring jurisdiction.
C Private Statute; how pleaded. In pleading a private statute, or a right derived there from, it is sufficient to refer to such statute by its title and the day of its passage, and the court shall thereupon take judicial notice thereof.
D Corporate existence of city or county and of ordinances or comprehensive plans generally; how pleaded.
D(1) In pleading the corporate existence of any city, it shall be sufficient to state in the pleading that the city is existing and duly incorporated and organized under the laws of the state of its incorporation. In pleading the existence of any county, it shall be sufficient to state in the pleading that the county is existing and was formed under the laws of the state in which it is located.
D(2) In pleading an ordinance, comprehensive plan, or enactment of any county or incorporated city, or a right derived therefrom, in any court, it shall be sufficient to refer to the ordinance, comprehensive plan, or enactment by its title, if any, otherwise by its commonly accepted name or number, and the date of its passage or the date of its approval when approval is necessary to render it effective, and the court shall thereupon take judicial notice thereof. As used in this subsection, comprehensive plan has the meaning given that term by ORS 197.015.
E Libel or slander action.
E(1) In an action for libel or slander it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff. If such allegation is controverted, the plaintiff shall be bound to establish on the trial that it was so published or spoken.
E(2) In the answer, the defendant may allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages, and whether the defendant proves the justification or not, the defendant may give in evidence the mitigating circumstances.
F Official document or act. In pleading an official document or official act it is sufficient to allege that the document was issued or the act done in compliance with law.
G Recitals and negative pregnants. No allegations in a pleading shall be held insufficient on the grounds that they are pled by way of recital rather than alleged directly. No denial shall be treated as an admission on the ground that it contains a negative pregnant.
H Fictitious parties. When a party is ignorant of the name of an opposing party and so alleges in a pleading, the opposing party may be designated by any name, and when such party�s true name is discovered, the process and all pleadings and proceedings in the action may be amended by substituting the true name.
I Designation of unknown heirs in actions relating to property. When the heirs of any deceased person are proper parties defendant to any action relating to property in this state, and the names and residences of such heirs are unknown, they may be proceeded against under the name and title of the �unknown heirs� of the deceased.
Designation of unknown persons. In any action to determine any adverse claim, estate, lien, or interest in property, or to quiet title to property, the plaintiff may include as a defendant in such action, and insert in the title thereof, in addition to the names of such persons or parties as appear of record to have, and other persons or parties who are known to have, some title, claim, estate, lien, or interest in the property in controversy, the following: �Also all other persons or parties unknown claiming any right, title, lien, or interest in the property described in the complaint herein. [CCP 12/2/78]
The matter will go before a court and unlawful detainer hearing where the jurisdiction is highly limited for arguments regarding the ownership and title. The matter of a UD is confined to jurisdiction with little if any concerns for the causes of action brought in a grievance complaint better suited for another court's jurisdiction.
Consent judgment, a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome
Declaratory judgment, a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute
Default judgment, a binding judgment in favor of the plaintiff when the defendant has not responded to a summons
Summary judgment, a legal term which means that a court has made a determination without a full trial
Vacated judgment, the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court.
The expert can document various lengthy history of training and working exclusively at an institutional level in subprime lending was mostly spent as a secondary trader. I now work as an Expert.Witness who appraises a case and testifies in court. I jumped ship in 2003 wrongly thinking the market would soon crash. Little did I know what the industry would resort to in order to keep the lies alive? Hundreds of thousands of American homeowners face losing their homes due to unaffordable loans they received.
The breadth and depth of experience allows for a unique perspective for sharing with the public my views certain procedural knowledge that offers insight into the procedural defects seen to exist from one lender to another the parties consistent procedural must be limited to facts as I try to steer way from any bias. In this market that is hard. My views and experiences on the subject of foreclosure assume you'll need an attorney. I can merely make a distinction for you case from the presence of unlawful business practices and deceptive acts in a foreclosure. Here's what is at stake when If you're facing eviction from a foreclosure.
Filing an action is necessary for keeping your home after determining a wrongful foreclosure claim. Until a court rules on the matter it may be the only way have a way to protect your home. Real Property (e.g. in California) cannot transfer from one party to another where a lien is considered to be defect. The notion is the sale must fail whereby a transfer or conveyance or real property is near impossible. But a closer look at case law will show us the need to seek out a good attorney for determining the grounds for calling a Trustees Sale void or voidable and understanding the remedies where a tort or material violation does exist. Even when a fraud takes place we remind clients the court may not necessarily rule your home is you're anymore even after determining the deed and transfer was unenforceable.
A predatory loan is something that falls under a theorem of "Mutual Consideration". It is the shared responsibility by both sides for a willful act offered by one and accepted by the other party. For example, you took the loan under the circumstances as a borrower from a predatory lender and now changed your mind. The courts say I don't think so. Courts also are sticking with the notion of equitable consideration. Therefore there is no one to blame according to some courts recent rulings. I don't know about that where a cause of action can be made by an attorney and claims can be made supporting the deed is potentially defective. Another type of claim is made for circumstances where a forgery or recorded document accomplishes the sale from someone committing an unlawful act.
Where it can be shown there exists fraud or deceptive business practices the deed is considered defect and therefore the sale must fail. If the subject loan originated through unfair business practices, then your deed or mortgage maybe argued to be subject to a defect.
That deed or mortgage will "rest disturbed" if subject to substantive arguments brought in litigation. Therein your claims may make the transfer of the property to anyone impossible. In other words the Power of sale and right to acceleration in a non judicial matter are rendered unenforceable. You challenge the lenders security which allows them to claim your home in a default judgment. It is unenforceable from commencement or discovery and subject to a void or voidable determination by the court. Here is the catch you need to be aware of. It falls under fraudulent releases, request for reconveyance and forgeries.
Can a bona fide purchaser acquire title to property involved free of the improperly reconvened deed of trust? The answer is yes! The distinction between void and voidable acts and deeds, suggest it's not the mere presence of forgery but where forgery comes into play that determines the outcome between innocent victims.
Case Law:
A reconveyance of a deed of trust, executed by the trustee in misplaced reliance on a forged request for reconveyance, is voidable but not void. That is according to a California Court of Appeal that held this decision in the case is Schiavon v. Arnaudo Brothers, 100 Cal. Rptr. 2d 801, 2000 WL 1586381 (2000) . The same rules apply to the reconveyance of the property interest under a deed of trust as to the conveyance of property by grant deed. Here, the lawful trustee under the deed of trust executed the reconveyance of the deed by the signature of its Vice President and with full awareness of the effect of the act. The fraudulent misrepresentation occurred in the forgery on the request for reconveyance. The conveyance was therefore voidable, but not void. The subsequent bona fide purchaser of the property was entitled to rely on it. "The Court then described earlier California cases to illustrate the void vs. voidable distinction.
In Erickson v. Bohne, 130 Cal.App.2d 553 (1955), the plaintiff was mentally and physically incompetent when she executed a deed. She didn't know she was signing a deed, didn't intend to convey her property, and received no consideration. The deed was held void, and the plaintiff prevailed over a later bona fide purchaser.
In Wutzke v. Bill Reid Painting Service, Inc., 151 Cal.App.3d 36 (1984), the plaintiff held a deed of trust naming as trustee a corporation that was owned by the trustor/borrower. The trustor/borrower executed and recorded a reconveyance using a fictitious name, purportedly the executive officer of the trustee/corporation. The reconveyance was found to be a forgery and held void, and the plaintiff prevailed over a later bona fide Lender.
In Fallon v. Triangle Management Services, Inc., 169 Cal.App.3d 1103 (1985), the original owner executed a deed to Tolbert, and Tolbert then mortgaged the property. The deed was found to have been procured by undue influence and held voidable, and the bona fide lender prevailed over the original owner.
Now in Firato v. Tuttle, 48 Cal.2d 136 (1957), plaintiffs held a deed of trust naming a real estate broker as trustee. The trustee/broker executed a reconveyance without authority, falsely stating that the loan was paid off. The reconveyance was found to have been unauthorized and voidable, and a bona fide lender prevailed over the plaintiffs.
You should conclude that the facts in the Schiavon case are more akin to those in Firato than Wutzke, where the Court held that the interest of the "innocent purchaser for value" (Arnaudo Brothers) will prevail over Schiavon et al. This case presents a classic example of the distinction between void and voidable acts and deeds.
This case study is not intended to offer a legal opinion where only a licensed practitioner may do so. It is more for giving the pre-foreclosure victim something to consider where affirmative defense should include acts of fraud but mat not necessarily save their home if it goes to sale. In a trustee sale the lender will take back the home in a trustee's sale or sell it through a trustee sale to a bonifide purchaser. As an expert who testifies in court I can tell you the problems you have with potential deceptive and unlawful acts such as forgery are likely to get you the courts attention. But if discovered after the fact you may find your remedy at best may not include getting your home returned to you. It appears it's not the mere presence of forgery but where forgery comes into play that determines the outcome between innocent victims.
Therefore do evaluate and consider the need to mount a defense against foreclosure before a sale back to the bank or even worse a third party. As an Expert Witness who provides testimony in these matters I know where to evidence fraud if fraud exists in the file. I often see repeated foul play in the transferring of the asset from the parties to a trust and then after the fact.
And know that there is a strong chance the lender and interested parties can be prevented from forcing a borrower out of the home. In the examples you have read an unlawful detainer may not be justified if another court can determine your rights are being violated subject to a court having the proper jurisdiction rule in accordance with remedies and damages subject to the deed having been determined to be void or voidable.
Mortgage lender Taylor, Bean and Whitaker Mortgage Corp. has been suspended from the Federal Housing Administration (FHA), on grounds of possible fraud.
According to the FHA, Taylor Bean failed to submit a mandatory annual financial report and did not reveal they had unresolved issues with an independent auditor, which had found "irregular transactions that raised concerns of fraud".
The firm is the third-largest lender in the FHA, but may not survive the suspension, said David Lykken of consulting firm Mortgage Banking Solutions.
Taylor Bean and Whitaker is known for purchasing FHA mortgages from new lenders during their probationary periods with the agency, something most other lenders refuse to do. The firm also has a reputation of being "less strict" when underwriting FHA and "conventional" mortgages (which may be sold to mortgage companies such as Fannie Mae, who are supported by the government).Tuesday, March 24, 2009
What's Left in Derivitives and Sub Prime
Derivatives investors hurt by the recent liquidity vacuum and markets collapse of will target the rating agencies and certain asset backed origination platforms. Complete focus there is not necessarily just in terms of citing blame. Accountability does appear to fall in line with these toxic originators of subprime paper. My guess is the arguments for making good, eventually, on difficult to value investment vehicles are justifiable and should be answered. Other claims against issuances (of exotic short term yielding derivatives) by cash strapped investors will force institutions with dirty hands to answer to the obvious lack of transparency. Rightfully so Say's M Soliman a Los Angeles based sector analyst.
Here we are looking for genuine accountability according to each contributing effort supported by their participation in the current debacle. Multiple alarming discoveries will come to fruition providing a piece by piece set of circumstances leading t failures and caused in part by the collaborative efforts of a number of financial institutional participants. These combination companies were operating a collectively deceptive, independent and at times clandestine effort. It's not a clear and cogent picture whereby various participants, known as SPV or Special Purpose Vehicles formed alliances with one another. Were they in fact driven by reckless profits while the markets further deteriorated? The SP lenders method of operating and sponsors means for attracting unjust enrichment is looking as if it
Was it the willful inient of the parties to participate in an unlawful scheme that demanded more sour collateral based loan production and greater annual volume of the same or worse?
The alarming to the agencies S&P, Fitch Ratings and Moody's Investors Service, saying their ratings on bonds backed by U.S. mortgages to people with limited credit didn't reflect the lax lending standards that caused their backward-looking default rates to be inapplicable to risk level of the loans being made In the first quarter of 2008 alone, rating agencies announced 4,485 downgrades of CDOs.[21] Declining ABS CDO issuance could affect the broader secondary mortgage market, making credit less available to homeowners who are trying to refinance out of mortgages that are experiencing payment shock (e.g. adjustable-rate mortgages with rising interest rates).
From 2003 to 2006, new issues of CDOs backed by asset-backed and mortgage-backed securities had increasing exposure to subprime mortgage bonds. Mezzanine ABS CDOs are mainly backed by the BBB or lower-rated tranches (CLASSES) of mortgage bonds, and in 2006, $200 billion in mezzanine (added levels of deal structure) ABS CDOs were issued with an average exposure to subprime bonds of 70%. As delinquencies and defaults on subprime mortgages occur, CDOs backed by significant mezzanine subprime collateral experience severe rating downgrades and possibly future losses. As the mortgages underlying the CDO's collateral decline in value, banks and investment funds holding CDOs face difficulty in assigning a precise price to their CDO holdings. Many are recording their CDO assets at par due to the difficulty in pricing based on the markets and drivers. The pricing challenge arises because CDOs do not actively trade and mortgage defaults take time to lead to CDO losses. However, in June 2007, two hedge funds managed by Bear Stearns Asset Management Inc. faced cash or collateral calls from lenders that had accepted CDOs backed by subprime loans as loan collateral] The now defunct Bear Stearns, at that time the fifth-largest U.S. securities firm, said July 18, 2007 that investors in its two failed hedge funds will get little if any money back after "unprecedented declines" in the value of securities used to bet on subprime mortgages.[16]
Some CEOs have lost their jobs as a result of the crisis. On 24 October 2007, Merrill Lynch reported third quarter earnings that contained $7.9 billion of losses on collateralized debt obligations.[17] A week later Stan O'Neal, Merrill Lynch's CEO, resigned from his position, reportedly as a result.[18] On 4 November 2007, Charles (Chuck) Prince, Chairman and CEO of Citigroup resigned and cited the following reasons : "...as you have seen publicly reported, the rating agencies have recently downgraded significantly certain CDOs and the mortgage securities contained in CDOs. As a result of these downgrades, valuations for these instruments have dropped sharply. This will have a significant impact on our fourth quarter financial results. I am responsible for the conduct of our businesses. It is my judgment that the size of these charges makes stepping down the only honorable course for me to take as Chief Executive Officer. This is what I advised the Board."[19]
The new issue pipeline for CDOs backed by asset-backed and mortgage-backed securities slowed significantly in the second-half of 2007 and the first quarter of 2008 due to weakness in subprime collateral, the resulting reevaluation by the market of pricing of CDOs backed by mortgage bonds, and a general downturn in the global credit markets. Global CDO issuance in the fourth quarter of 2007 was US$ 47.5 billion, a nearly 74 percent decline from the US$ 180 billion issued in the fourth quarter of 2006. First quarter 2008 issuance of US$ 11.7 billion was nearly 94 percent lower than the US$ 186 billion issued in the first quarter of 2007.[20] Moreover, virtually all first quarter 2008 CDO issuance was in the form of collateralized loan obligations backed by middle-market or leveraged bank loans, not by home mortgage ABS.[21]
This trend has limited the mortgage credit that is available to homeowners. CDOs purchased much of the riskier portions of mortgage bonds, helping to support issuance of nearly $1 trillion in mortgage bonds in 2006 alone.
Investors criticized S&P, Fitch Ratings and Moody's Investors Service, saying their ratings on bonds backed by U.S. mortgages to people with limited credit didn't reflect the lax lending standards that caused their backward-looking default rates to be inapplicable to risk level of the loans being made. In the first quarter of 2008 alone, rating agencies announced 4,485 downgrades of CDOs.[21] Declining ABS CDO issuance could affect the broader secondary mortgage market, making credit less available to homeowners who are trying to refinance out of mortgages that are experiencing payment shock (e.g. adjustable-rate mortgages with rising interest rates).[
American Marine Bank
News of another FDIC member bank falling under the FDIC control was published late this week. The “
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
(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.
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.