1. case-decisions

  2. hers-some-telephone-numbers-that-are-not-easy-to-find

  3. TrusteeList

  4. 15522201-Tila-Disclosure-Req-Viol-Remedies
  5. suggested-readings

  6. VIDEO RESOURCES: video-resources

  7. request-to-purchase-garfield-lawyers-workbook-v3

Note on Seminars and Workshops: If you are planning to attend it would be wise to book early. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving two hours only to find out we don’t have a seat for you.

GOING AFTER THE LAW FIRM? The attorney firm of Barrett Daffin Frappier Turner & Engle, L.L.P. (also known as Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.) located at 15000 Surveyor Boulevard Suite 100 Addison, Texas 75001 has been sanctioned multiple times in the state of Texas for its violation of debt collection practices. SEE COLLECTION LAWS AND ETHICS AGAINST LENDER\’S LAWYERS


Housing Policy Debate, 2004 – The Fannie Mae Foundation
This overview of the predatory lending process provides an introduction to the structure of the larger mortgage lending industry and the way predatory lending fits into it. The article begins with a description of the mortgage marketplace and its players. Next, it examines distinctions among the prime, subprime, and predatory segments of this market, particularly as they relate to risk, pricing, and borrower characteristics. The article also describes the characteristics of predatory loans and their life cycle, as well as a description of the revenue sources for each of the actors and the effects of that revenue stream on the actor’s incentives.
  3. Consumer Federation of America
  5. somers-unfair-practices
  6. argent-mortgage-fraud-on-everyone-surprised-these-are-just-a-couple-of-10000-convincted-felons-licensed-as-mortgage-brokers-in-florida
  7. America’s Servicing Company is owned by Wells Fargo
  8. ARIZONA AG:predatory_lenders_book
  9. fordham-university-law-assignee-libaility-should-apply-to-suitability-violations-and-other-legal-violations-by-mortgage-brokers-and-lenders
  10. lehman-residential-funding-mortgage-securities-i-inc
  11. residential-funding-mortgage-securities-i
  12. predatorymortgagelendingstudy
  13. predatory-lending-and-foreclosure-defense-resources-from-columbia-law-center
  14. hud-doc-mortgage-securitization-lessons-for-emerging-markets
  15. miller_ag_iowa_testimony-nov22007
  16. martin-testimony
  17. federal_reserve_hoepa
  18. madigan-subprime-foreclosures-statement-of-the-case
  19. SHARPS%20CDO%20II_16.08.07_9347Deutsche Bank Securities Inc., as Initial Purchaser SHARPS CDO II LTD.
    Up to U.S.$600,000,000 Class A-1 Senior Secured Floating Rate Notes Due 2046
    U.S.$100,000,000 Class A-2 Senior Secured Floating Rate Notes Due 2046
    U.S.$60,000,000 Class A-3 Senior Secured Floating Rate Notes Due 2046
    U.S.$82,000,000 Class B Senior Secured Floating Rate Notes Due 2046
    U.S.$52,000,000 Class C Secured Deferrable Interest Floating Rate Notes Due 2046
    U.S.$34,000,000 Class D-1 Secured Deferrable Interest Floating Rate Notes Due 2046
    U.S.$27,000,000 Class D-2 Secured Deferrable Interest Floating Rate Notes Due 2046
    U.S.$45,000,000 Subordinated Notes Due 2046

AMBAC FINANCIAL GROUP, INC. insures CDO payments. Adds a stream of revenue to the ultimate holder in due course — the investor who bought pass through certificates on asset backed securities backed by your mortgage and note. Highly probably that they paid part or all of your loan payments.

Key Contacts

Equity Investor Relations & Press Relations

Fixed Income Investor Relations

  • Peter Poillon, Managing Director, +1 212 208 3222,
  • Miguel Sanchez, Managing Director, Europe, +44 20 7786 4304,
  • Nancy Fox, Managing Director, Australia/Pacific, +61 2 8211 0430,
  • One State Street Plaza
    New York, NY 10004Tel: +1 212 668 0340
    +1 800 221 1854
    Fax: +1 212 509 9190
  • See Also HAMILTON, Bermuda, June 20, 2008 /PRNewswire-FirstCall via COMTEX/ —-Security Capital Assurance Ltd (NYSE: SCA: 3.23, +0.33, +11.37%) (“SCA” or the “Company”) today confirmed Moody’s Investor Services (“Moody’s”) downgraded the insurance financial strength (“IFS”) ratings of SCA’s subsidiaries, XL Capital Assurance Inc. (“XLCA”) and XL Financial Assurance Ltd (“XLFA”), as well as XLCA subsidiary, XL Capital Assurance (U.K) Limited.



    Experience. Personal Attention. Client Focus. Versatility.

    Argent Trading INC has the longest history of any corporate trading firm in the U.S., having served important clients for fifty years. Argent purchases underperforming assets with its proprietary trading currency, Asset Purchase Credits (APC’s). Argent clients use APC’s along with cash to pay for budgeted goods and services including advertising media as well as non-media expenditures such as shipping, printing, travel services and raw materials.

    Clients can use APC’s with Argent’s network of quality partners that accept credits for a wide range of goods and services. Argent also works directly with a Client’s own vendor helping them use credits in their existing relationships. Since its inception, Argent has closed transactions valued in excess of $3 billion.


Dear Neil,

These are the names and phone #’s of the different lawyers I have been working with for the last few months, they have been taking care of most of our clients in MD, VA and DC.

Some are TILA experts, some are consumer advocates, I did have a hard time trying to get these few names on our list. I interviewed with 107 lawyers.

Emmett F. Robinson, Sr. Esq. –> I know this one. He’s good and knows our stuff.
4609 Pinecrest Office Park Drive
Suite H
Alexandria, VA 22312

Phone 703-970-2080

Christopher Brown, Esq.
Brown, Brown, & Brown
6269 Franconia Rd
Aelxandria, VA  22192

Phone  703-924-0223

Hugo Blankingship
Thomas Christiano
516 1/2 Oronoco Street
Alexandria, VA  22314

Phone  703-739-7621

AMBAC: Insures payments on upper tranches of SPVs If someone is claiming default in payments, and the payments were made to the holder in due course by an insurer of those payments, then it is the insurer that might have a claim against the borrower but it is probably unsecured — and still subject to borrowers defenses and claims up to the amount that the insuror claims.


Research Lehman and Aurora at

2617 College Park

PO Box 1706

Scottsbluff, NE 69363-1706


303-728-7648 Fax


Industry: Investment Banking, Brokerage

Revenues: $9.3 Million

Employees: 86

Bear Stearns Asset Management is focused on high value added investment solutions that span traditional and alternative assets for institutional and high net worth investors. We are committed to providing our clients with world-class investment management and thorough communication of both risks and returns.

Gregory Getschow, Co-Founders, Jeffrey Hammer, Co-Founders, John Mullin, Managing Director

NEWS ARTICLE: JUNE 18, 2008: NEW YORK CITY. Two former managers of hedge funds at Bear Stearns were arrested this morning at their homes and were expected to appear in court later in the day to be indicted on charges related to the funds’ collapse, according to reports.

Ralph Cioffi was arrested at his house in Tenafly, N.J., and Matthew Tannin at his Manhattan apartment, a spokesman for the Federal Bureau of Investigation told Bloomberg News. They are to appear in federal district court in Brooklyn.

The two men are at the center of an investigation into whether they deceived investors and the public about the health of the two Bear Stearns funds. The Wall Street Journal reported Thursday that authorities are expected to cite an e-mail from Mr. Tannin to Mr. Cioffi, suggesting that the market for their funds’ investments was “toast” — four days before they assured investors everything was fine.

California Reconveyance Company -Services WAMU among others

9200 Oakdale Ave. -N110612

Chatsworth, Ca 91311


PO Box 6200

Northridge, CA 91328-6200


818-775-2258 Fax


Ralph R. Cioffi serves as Co-Chief Executive Officer of Everquest Financial Ltd. Mr. Cioffi serves as a Senior Managing Director of Bear Stearns Asset Management Inc.(“BSAM”). He has been with BSAM since 1985. From 1985 to 1991, Mr. Cioffi worked in institutional fixed-income sales where he specialized in structured finance products. He served as the N.Y. head of fixed-income sales from 1989 to 1991. From 1991 to 1994, Mr. Cioffi served as Global Product and Sales Manager for high-grade credit products. He was involved in the creation of the structured credit effort at BSAM and was a principal force behind Bear Stearns’ position as a leading underwriter and secondary trader of structured finance securities, specifically CDOs and esoteric ABS. Mr. Cioffi founded and has been managing the High Grade Structured Credit Strategies Fund since March 2003. He serves as Director of Everquest Financial Ltd and Bear Stearns & Co. Inc. Mr. Cioffi is a member of BSAM’s board of directors. He is a member of the international business management and administration honor society, Sigma Beta Delta. Mr. Cioffi holds a B.S. degree in Business Administration with distinction from Saint Michael’s College, Vermont.




PLANO, TX 75024


• Chief Credit Officer1 • Financial Institutions , Inc. (NASDAQ: FISI) • Headquarters Address: • 220 Liberty Street • Warsaw, NY 14569 USA • Website: • Phone: (585) 786-1100 • Fax: (718) 786-5254

  • • Financial Institutions, Inc. (FII) is a bank holding company that provides deposit, lending and other financial services to individuals and businesses in Central and Western New York State. The Company provides a range of consumer and commercial banking and financial services to.  More
  • • Senior Vice President2 • Financial Institutions , Inc. (NASDAQ: FISI)
  • • Managing Director4 Moody Senior Vice President and Analyst At Investors Service5 Moody
  • • Senior Vice President, Financial Institutions Group -Moody

Fannie Mae and Freddie Mac

VIII, 202: Conveyance Documents (01/31/03)

The servicer should use the type of deed or other transfer instrument that is usually used to convey a property in the state where the security property is located. The servicer should instruct the foreclosure attorney (or trustee) to include a street address for the property (in addition to the legal description) in the conveyance document(s) to ensure that our designated eviction attorney will not experience any delays in identifying the correct location of the acquired property.

Title to the property may need to be conveyed to Fannie Mae in some instances and to the mortgage insurer or guarantor in other instances. The form of conveyance is dictated by the name under which the foreclosure proceedings were conducted (as discussed in the following Sections). The servicer must send our National Property Disposition Center a copy of the foreclosure deed (or a deed in lieu of foreclosure) or any other applicable conveyance documents within two business days after title to the property is conveyed. The document(s), which should be identified by the applicable Fannie Mae and servicer loan numbers and the servicer’s name and Fannie Mae lender identification number, should either be faxed to (972) 773-7630 or sent to the following address:

Fannie Mae: index.jhtml
NPDCConveyance & Claims
P.O. Box 650043
Dallas, TX 75265-0043

Freddie Mac:


Managing Director2

Bear Stearns Asset Management Inc.

Headquarters Address:

383 Madison Avenue

New York, NY 10179 USA


Phone: (212) 272-2000

Fax: (212) 272-7038

Bear Stearns Asset Management is focused on high value added investment solutions that span traditional and alternative assets for institutional and high net worth investors. We are committed to providing our clients with world-class investment management and thorough communication of.

Federal Deposit Insurance Corporation (FDIC)

Supervises insured, state-chartered banks that are not members of the Federal Reserve, National Banks are supervised by the Office of the Comptroller of the Currency (see above)

Division of Supervision and Consumer Protection

2345 Grand Blvd., Suite 100

Kansas, City, MO 64108

Consumer response Center:


703-812-1020 Fax



Dennis Weatherstone:

June 21, 2008; Page A6
[jp morgan]
J.P. Morgan

Dennis Weatherstone, a former chief executive officer and chairman of J.P. Morgan who died June 13 at the age of 77. Introduced into the world of banking as a 16-year-old clerk at Guarantee Trust Co. in London, Sir Dennis worked his way up through the company’s ranks for the next 48 years.

As chairman and chief executive of J.P. Morgan from 1990 to 1994, Sir Dennis urged regulators to lower barriers on the banking industry so that they could move into different types of business and compete better with global financial institutions. In 1990, he described to a House subcommittee on financial institutions how users of financial services routinely juggled products around the world, saying they “are now so closely related that in the real world they cannot be separated. No one in the markets, and no clients, treats them as distinct — except when forced by U.S. law to do so.”

Later that month, the Federal Reserve granted J.P. Morgan the ability to underwrite stocks, making it the first bank since the 1930s to have that power. The move also paved the way for the later repeal of the Depression-era Glass-Steagall Act that required the separation of commercial banking and investment banking. As a result of those actions, J.P. Morgan today is engaged in a long list of financial services — from retail banking to investment banking to commercial lending.

“I don’t think the repeal of Glass-Steagall should be seen as a way of providing relief for the banks,” Sir Dennis told The Wall Street Journal in 1987. “Rather, I think it should be seen as a way of making capital markets more efficient.”

{LIVINGLIES EDITOR’S NOTE: Weatherstone, and those like him believed that “efficiency” of the market, would automatically create greater liquidity and safety in investment. The combination of depository institutions with investment banking institutions turned out to have disastrous consequences and is of dubious value unless a transparent regulatory scheme that includes off-shore exchanges, combined with accounting standards that disallow “off balance sheet” transactions can be developed, maintained and enforced by objective, non-political, non-ideological people.}

Write to Robin Sidel at


12650 Ingenuity Drive

Orlando, Fl 32826

39 Responses

  1. Can you help me show the connection between nationstar, champion mortgage company and reverse mortgage funding, LLC? And how champion mortgage company being a suspended entity in Calif. By the franchise tax board may make them unable to defend an action in court and make any filing of a substitution of trustee and subsequent notice of default ect void

  2. A number of users are keen to watch humorous video clips, except I like to watch terrible movies on YouTube.

  3. We are a group of volunteers and opening a brand new scheme in our community. Your website provided us with useful information to work on. You’ve performed an impressive activity and our whole neighborhood can be thankful to you.


  5. Checking out “Ph.D MARC J. SEIFER HANDWRITING EXPERT on ANDREW HARMON SIGNATUR” on Foreclosure Hamlet:

  6. Ok, I got an ARM loan thru Wells Fargo back in 2003. When they sent the appraiser, he inflated my property value $19,000.00 over the actual. At the time I didn’t know what I was doing, even though my gut told me not to accept this but we needed cash. Anyway, I was a truck driver at the time, with my now ex-husband, and I felt like we could pay it off in the 10 year term. We had just gotten XM radio at the time and about a year later Dave Ramsey had his show on it and we listened, ALOT!! So it ends up we learn about these practices and I realize we should get out of this ARM loan. Now, because of the highly inflated loan value, we have to re-borrow into a conventional loan at that price to get out. Time passes, it ends up flipping about three times, and we end up with Litton Loan Servicing, a Debt Collection Agency, blah, blah, blah and now our credit is sucking because I had to get off the truck because I am sick of it, got a job, at, of all places, a Credit Reporting Agency! As a receptionist and payment collector. They had such sucky office furniture, and my back was hurting as it was, but I was toughing it out, no health insurance. By the third day I had to quit and go see my doctor.

    I could barely take a shower, much less wipe my butt, sorry but very true, and had to be wheelchaired into my docs office by a friend across the street from me, she drove me in her car, thank you Susie…anyway, I had to get two epidural shots, get a loan from SMB bank in Joplin, MO thru the hospital, around 8 grand or so, just so I could stand up straight and walk, and drive in better comfort. My mother saw me after only 1 shot and told me to file for disability. I didn’t want to. My pride, anyway, she told me how it works thru social security, that I paid into it so it wasn’t taking welfare. I found a good attorney and he won my case, after 4 years of not working. I had to take a heavier dose of anti-depressants than I do now, just to keep my sanity, and I had to sleep in a recliner for TWO years straight, just so I could sleep. In the meantime, my husband and I are fighting over CC bills and trying to maintain.

    Because of all of this, we divorced, I left him with the rest of the bills and the house was in foreclosure, or close to it, and moved back to New Mexico to my parents’ home for about three weeks. Anyway, it ended up that I listened to a book by Gary Rivlin called, Broke USA and it spoke of this whole meltdown and how it happened in 2008. So, I am listening and he mentions Wells Fargo. I have been SCREWED by Wells Fargo! What do I have to do to fix this? It isn’t the divorce that I am upset about, it was going to happen anyway for other reasons, but it sure put ALOT of stress on my then family and me, BIG time! I want to know if I haven’t missed the boat or anything. PLUS, I have ALL the paper work needed to research this, everything! In my possession. This house is always, for the last almost three years, been close to foreclosure. HELP! I have been SCREWED!

  7. Neil, Do you have an emegency order to vacant judgement to stop forclosure in New York so I can enter the particular civil rules , civil procedures, and case notes. I am going to final summary judgment on Monday Nov. 22, 2010 This coming monday. If you can just prvide an actual petion of a case in New York I would apreciate it. Thank You

  8. I am an attorney who wants to take a predatory lending class for CEB credit, I have an action against countrywide, full spectrum, Bof A for fraud (re monthly payments, owners income, percentage only)

    And defending JP Chase re foreclosure allegedly mort obtained from Wamu.FDIC, BUT JP MORGAN FOR 2 YRS WILL NOT TURN OVER PROOF OF ITS RIGHT TO FORECLOSE….SO FRUSTRATED!!!

    5 RESPA requests not responded to!!

    THANKs and ALOHA
    Jennifer S. Smith, Esq

  9. I thought you might like to read this article from NPR link

    title We Bought A Toxic Asset; You Can Watch It Die

    Chana Joffe-Walt and David Kestenbaum

    Toxic assets — home mortgages packaged into complicated bonds that no one wanted to touch when the housing bubble collapsed — are starting to trade again.

    Planet Money wanted to figure out how this chapter of financial history will end.

    So we decided to buy a toxic asset of our own.

  10. Nick
    Hi–can you please stop posting the same lengthy post–I must have gotten it 8 different times.

    I am not an attorney but you should call the state bar and complain.

    At the very least tell your attorney you are going to talk to the state bar unless she takes care of xyz….

    Also, did you check her credentials, school, specialty area in

    You might want to do that. Out here in Calif. there was an immigration attorney who started a foreclosure rescue practice. He was a disaster for a couple of my friends. They got evicted. He also tried to do a bankruptcy–he underperformed to the extent that the bkr trustee made him pay his client back the $4000.

    Your article is way too long for me to get into. Sorry.

  11. I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
    After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
    This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
    I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
    I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
    This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
    I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.

    Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.

  12. I just got off the phone with Ms Ruby. She lives in San Diego, CA. She shared with me that she got two payments behind with GMAC and they are now trying to foreclose on her home. They are foreclosing despite the fact their loan mod department claims to be working with her.

    I sense that the loan mod/loss mit tactic is to keep the homeowner’s head down and not think about hiring a specialized FORECLOSURE DEFENSE Attorney who actually has a clue.

    I talked with her and I envisioned this perfect stranger. I sensed she is elderly and most likely a woman of color – a woman of faith. She is somebody’s grandmother or mother…

    Does anybody know a QUALIFIED FORECLOSURE DEFENSE ATTORNEY IN SAN DIEGO who might look into her case? She might be able to pay a little every month to fight a big bank who gladly accepted TARP money just to not spend the money on homeowners who are living in a Troubled Asset of somebody’s Relief Program.

    I don’t know all the details so this special attorney should just start from scratch. Have them call me and I will give them her phone number.

    850 259-6422

  13. Hi- I need to know if anyone is aware of any class action lawsuits against New Century Mortgage or its subsidiary HOME123 Corp for mortgage fraud, predatory lending etc. These were one of the worst companies for subprime lending.

    They are now in Chpt 11 BKR in Delaware, but I still am interested in a class action lawsuit.

    Also, take note, their BKR trustee has filed a 1 BILLION dollar lawsuit against KPMG, the auditor. KPMG is NOT financially strapped. The investors are also including KPMG in their lawsuits related to New Century Mortgage.

    Let me know if anyone knows of a class action against New Century.

    If there is none, maybe an attorney wants to file one. I know of many people in California who were victims of the predatory lender.

  14. I would like a recomendation for an attorney in the Bethlehem/Allentown/Easton, Pa. area that is familiar with your practice

  15. Seeking referral for an attorney that could help with our urgent situation:

    Currently in chapter 7 bankruptcy and have home in foreclosure in SW Florida. AmTrust bank (previously Ohio Savings) is seeking a ‘Relief from Stay’ this month. Is there a way to still try to save the home? Please send email to: Thank you.

  16. Federal Judge and the BK Court
    “Lender admitted to making numerous errors”
    Comments Maher Soliman

    We are graduating this week from UD hearings and holdover detainer matters to filing the action. I’m so tired of responding and playing the “Guess what this pro tem thinks about the world and human suffering. Our tema is ready to file complaints on at least 25 to 50 cases, most consolidated and some stand alone.

    Folks out there who live in California and who want to jump on board may inquire through Niel (with permission) or at Our expert witness and seasoned consultant group therefore drives the case under counsel’s technical and legal advisement using a “Specific Performance” or “Limited Scope Assistance Agreement”.

    Neil, still not sure if Federal Court and Bankruptcy petition is not the best wat to go. Its always in the debtors courts you hear the Judge back slapping lender thugs and handing out the “Dunce” hat to the bar’s worst it has to offer.

    If you have not read this one its solid for complaints pending filing or adding to a pleading.
    December 29th 2008 –During a hearing back in December, U.S. Bankruptcy Judge Jeff Bohm chastised Countrywide and its lawyers after the mortgage lender admitted to making numerous errors in a case. “How many times do I have to listen to that before I conclude, ‘You know, there’s got to be some kind of reckoning’ when I keep hearing time after time, ‘we made a mistake, we made a mistake. . . ?’”

    Well, on Tuesday, a reckoning of sorts arrived when Tuesday Judge Thomas Agresti of the U.S. Bankruptcy Court in Pittsburgh rejected Countrywide’s proposal to settle accusations that it fabricated evidence used in a bid to foreclose on a home, rejecting the “mistake” defense, made by Countrywide.

    Thanks to WSJ excerpt
    story by Peg Brickley.

    Comments by
    Maher Soliman

  17. December 31, 2008
    Foreclosure Prevention Services, By State

    A list of telephone hotlines and Web sites that offer resources for those at risk of foreclosure or looking to modify their existing mortgages. (See “Mortgage-Programs to Help Borrowers”.)

    State Web Site/Phone Number
    Alaska Consumer Credit Counseling Service of Alaska
    Arizona Arizona Foreclosure Prevention Task Force
    California Consumer Home Mortgage Information: Help With Your Mortgage; California Housing Finance Agency: Foreclosure Avoidance Information
    Colorado Colorado Foreclosure Hotline
    Connecticut Connecticut Families Program; Mortgage foreclosure Assistance Hotline: 1-877-472-8313
    Delaware Delaware Foreclosure Information; People can also contact Gerry Kelly, the Deputy Bank Commissioner for Consumer Affairs (; 302-577-5092 ) or Albert Shields, a policy advisor for the State of Delaware (; 302-577-8787
    Florida Tips for Avoiding Foreclosures, Delinquencies and “Foreclosure Rescue” Scams
    Georgia Georgia Dream Homeownership Program
    Idaho Foreclosure Prevention Resources
    Illinois Homeowners Referral Helpline: 1-866-544-7151
    Indiana The Indiana Foreclosure Prevention Network
    Iowa Iowa Mortgage Help
    Kentucky Kentucky Homeownership Protection Center
    Louisiana Louisiana Housing Finance Agency
    Maine Maine State housing Authority: Preventing Foreclosure
    Maryland Maryland HOPE
    Massachusetts Home Saver Foreclosure Prevention Program
    Michigan Save the Dream
    Minnesota Minnesota Home Ownership Center: Foreclosure Prevention
    Mississippi Mississippi Home Corporation
    Missouri Missouri Housing Development Commission: Foreclosure Resources
    Montana Montana Department of Commerce: Foreclosure Prevention
    Nebraska State of Nebraska Department of Banking and Finance: Help for Avoiding Foreclosure
    Nevada Nevada Foreclosure Help
    New Jersey NJ HOPE
    New Mexico New Mexico Mortgage Finance Authority: Foreclosure Prevention Information
    New York Subprime Foreclosure Prevention Services Program
    North Carolina NC Foreclosure Help
    Ohio Save the Dream
    Oklahoma Neighborhood Housing Services of Oklahoma City, Inc.
    Oregon Oregon Housing and Community Services: Foreclosure Provisions
    Pennsylvania Alternatives to Avoid Foreclosure
    Rhode Island Rhode Island Housing : Tips for Avoiding Foreclosure
    South Carolina Just the Facts on… Mortgage Foreclosure; Credit Counseling in 2008
    South Dakota Mortgage Crisis Hotline
    Tennessee Tennessee Housing Development Agency: Foreclosure Counselors
    Vermont Mortgage Assistance Program; Mortgage Assistance Helpline: 1-888-568-4547
    Virginia Virginia Foreclosure Prevention Task Force
    Washington Washington Homeownership Information
    Washington, D.C. Foreclosure Mitigation Kit
    Wisconsin Wisconsin Foreclosure Resource


    COMMENT: This Wall Street Journal resource is best viewed with hyperlinks activated, so click the hyperlink above, if they are not.




    3. Recently, the California Legislature found and declared the following in enacting California Civil Code 2923.6 on July 8, 2008:

    (a) California is facing an unprecedented threat to its state economy because of skyrocketing residential property foreclosure rates in California. Residential property foreclosures increased sevenfold from 2006 to 2007, in 2007, more than 84,375 properties were lost to foreclosure in California, and 254,824 loans went into default, the first step in the foreclosure process.

    (b) High foreclosure rates have adversely affected property values in California, and will have even greater adverse consequences as foreclosure rates continue to rise. According to statistics released by the HOPE NOW Alliance the number of completed California foreclosure sales in 20’07 increased almost threefold from 2002 in the first quarter to 5574 in the fourth quarter of that year. Those same statistics report that 10,556 foreclosure sales, almost double the number for the prior quarter, were completed just in the month of January 2008. More foreclosures means less money for schools, public safety, and other key services.

    (c) Under specified circumstances, mortgage lenders and servicers are authorized under their pooling and servicing agreements to modify mortgage loans when the modification is in the best interest of investors. Generally, that modification may be deemed to be in the best interest of investors when the net present value of the income stream of the modified loan is greater than the amount that would be recovered through the disposition of the real property security through a foreclosure sale.

    (d) It is essential to the economic health of California for the state to ameliorate the deleterious effects on the state economy and local economies and the California housing market that will result from the continued foreclosures of residential properties in unprecedented numbers by modifying the foreclosure process to require mortgagees, beneficiaries, or authorized agents to contact borrowers and explore options that could avoid foreclosure. These Changes in accessing the state’s foreclosure process are essential to ensure that the process does not exacerbate the current crisis by adding more foreclosures to the glut of foreclosed properties already on the market when a foreclosure could have been avoided. Those additional foreclosures will further destabilize the housing market with significant, corresponding deleterious effects on the local and state economy.

    (e) According to a survey released by the Federal Home Loan Mortgage Corporation (Freddie Mac) on January 31, 2008, 57 percent of the nation’s late-paying borrowers do not know their lenders may offer alternative to help them avoid foreclosure.

    (f) As reflected in recent government and industry-led efforts to help troubled borrowers, the mortgage foreclosure crisis impacts borrowers not only in nontraditional loans, but also many borrowers in conventional loans.

    (g) This act is necessary to avoid unnecessary foreclosures of residential properties and thereby provide stability to California’s statewide and regional economies and housing market by requiring early contact and communications between mortgagees, beneficiaries, or authorized agents and specified borrowers to explore options that could avoid foreclosure and by facilitating the modification or restructuring of loans in appropriate circumstances.

    4. “Operation Malicious Mortgage’ is a nationwide operation coordinated by the U.S. Department of Justice and the FBI to identify, arrest, and prosecute mortgage fraud violators.” San Diego Union Tribune, June 19, 2008. As shown below, Plaintiffs were victims of such mortgage fraud.
    5. “Home ownership is the foundation of the American Dream. Dangerous mortgages have put millions of families in jeopardy of losing their homes.” CNN Money, December 24, 2007. The Loan which is the subject of this action to Plaintiff is of such character.
    6. “Finding ways to avoid preventable foreclosures is a legitimate and important concern of public policy. High rates of delinquency and foreclosure can have substantial spillover effects on the housing market, the financial markets and the broader economy. Therefore, doing what we, can to avoid preventable foreclosures is not just in the interest of the lenders and borrowers. It’s in everybody’s best interest.” Ben Bernanke, Federal Reserve Chairman, May 9, 2008. Plaintiff alleges that Defendants had the duty to prevent such foreclosure, but failed to so act.
    7. “Most of these homeowners could avoid foreclosure if present loan holders would modify the existing loans by lowering the interest rate and making it fixed, capitalizing the arrearages, and forgiving a portion of the loan. The result would benefit lenders, homeowners, and their communities.” CNN Money, id.
    8. On behalf of President Bush, Secretary Paulson has encouraged lenders to voluntarily freeze interest rates on adjustable-rate mortgages. Mark Zandl, chief economist for Mood’s commented, “There is no stick in the plan. There are a significant number of investors who would rather see homeowners default and go into foreclosure.” San Diego Union Tribune, id.
    9. “Fewer than l%• of homeowners have experienced any help “from the Bush-Paulson plan.” San Diego Union Tribune, id. Plaintiffs’ are not of that sliver that have obtained help.
    10. The Gravamen of Plaintiff’s complaint is that Defendants violated State and Federal laws which were specifically enacted to protect such abusive, deceptive, and unfair conduct by Defendants, and that Defendants cannot legally enforce a non-judicial foreclosure.VIOLATION OF CALIFORNIA CIVIL CODE 2923.6

    64. Plaintiff reallege and incorporate by reference the above paragraphs as though set forth fully herein.
    65. Defendants’ Pooling and Servicing Agreement (hereinafter “PSA”) contains a duty to maximize net present value to its investors and related parties.
    66. California Civil Code 2823.6 broadens and extends this PSA duty by requiring servicers to accept loan modifications with borrowers.
    67. Pursuant to California Civil Code 2823.6(a), a servicer acts in the best interest of all parties if it agrees to or implements a loan modification where the (1) loan is in payment default, and (2) anticipated recovery under the loan modification or workout plan exceeds the anticipated recovery through foreclosure on a net present value basis.
    68. California Civil Code 2823.6(b) now provides that the mortgagee, beneficiary, or authorized agent offer the borrower a loan modification or workout plan if such a modification or plan is consistent with its contractual or other authority.
    69. Plaintiffs’ loan is presently in default.
    70. Plaintiffs are willing, able, and ready to execute a modification of their loan on the following terms:
    (a) New Loan Amount: insert
    (b) New Interest Rate: insert
    (c) New Loan Length: insert
    (d) New Payment: insert

    71. The present fair market value of the property is insert value.
    72. The Joint Economic Committee of Congress estimated in June, 2007, that the average foreclosure results in $77, 935.00 in costs to the homeowner, lender, local government, and neighbors.
    73. Of the $77,935.00 in foreclosure costs, the Joint Economic Committee of Congress estimates that the lender will suffer $50,000.00 in costs in conducting a non-judicial foreclosure on the property, maintaining, rehabilitating, insuring, and reselling the property to a third party. Freddie Mac places this loss higher at $58,759.00.
    74. The anticipated recovery through foreclosure on a net present value basis is $insert amount or less.
    75. The recovery under the proposed loan modification at $insert amount exceeds the net present recovery through foreclosure of $ insert amount by over $5,000.00.
    76. Pursuant to California Civil Code §2823.6, Defendants are now contractually bound to accept the loan modification as provided above.

  19. Received notice of intent to foreclose from servicer on my mortgage loan. Need a Connecticut lawyer ASAP!!!

    Thanks for your help.

  20. Thanks usedkarguy, SECURITIZATION.NET is quite a resource! Their message? Securitization is good and it’s here to stay!

    Click the name line above and go to their crisp 65 frame lawyer’s powerpoint primer on securitization.

    Click here and see with which new IDEA the SEC is replacing the aging EDGAR database.


    There’s more in this seemingly FREE site.



  21. Found a website called lots of info, articles, etc, on that shadowy industry that is usually trade-subscription only. Very informative. Thanks to everyone involved at Livinglies. UP THE REVOLUTION! HAPPY HOLIDAYS TO ALL!

  22. e-mail

  23. Does anyone out there know of an attorney who can assist someone representing themselves in Tennessee with a foreclosure.
    Thank You

  24. A member of our volunteer team will contact you shortly.



  27. I need a good lawyer for North Carolina ans an auditor as well. To fight wrongful foreclosure etc.


  28. Terrific information, I need a lawyer in Las Vegas that understands your methods, please advise, thank you

  29. Fighting eachother – the “originators” vs the “banks”:

    Also note that an arrest warrant was issued for the ex-CEO of Mortgage Lenders Network.

    GMAC unit wants Mortgage Lenders ex-CEO comments stricken

    Dan Edstrom

  30. we were getting a mortgage from greenpoint in march of 06( when the whistle-blower was getting hassled) we are facing a foreclosure with greenpoint…and they are merciless in their dealings with us. we feel we were hussled..any advise?

  31. Someone out here may know! HOPEFULLY!! What happens if your loan is registered into the MERS system before your loan is funded? Is it legal or what does that mean? Can it be recinded? Mine was put into the MERS system 2 days before it was funded…funded on the 7th and the date put into MERS was the 5th. Property is in California…Ron Houchins or Tim Mccandles may also know.

  32. I am a former attorney with considerable experience in foreclosure defense, real estate, consumer protection, TILA, RESPA, etc. I have been doing legal document preparation for people in both Federal and State Courts in GA, FL, CA, NV, AZ, TX and MD. If anyone needs competent help with preparing documents I will be glad to help. My Phone # is (706) 416-9996.

  33. Hello,
    I have a lot of people in the southern california area that need help!! I have been studying the unfair and misrepresented legal practices for about three years now. People are getting the education and are not afraid to go to court but we need help on the federal legal paperwork and figting these unlawful detainers. There is limited help here in california. Please contact me if anyone can be of some assistance to me and so many others that need help. Please contact me at or

  34. How do I ask a question to some of the people answering on this site?
    I have an unbeatable case against WAMU, Long Beach Mortgage, first direct mortgage(originator), Chicago title, and the appraiser, I just dont know how to attack.
    I am not in foreclosure, as a matter of fact the servicer (WAMU) has ceased all communication with me and wont even let me make a payment. I havent made a payment in months without one single phone call from them or statement.
    If someone can haelp me please e-mail me at or call me at (269) 325-7816cell#.
    Kimberly Thomas just won 1.25million against wells fargo in a case that is so similar to mine it is almost scary. Her attorney wanted my case but jurisdictional limitations wont allow.

    I am a local Pastor in MI, and a community leader. I am also a regional organizer for a moratorium in michigan.

  35. Ex-Banker, back OFF! Leave Eddie alone! Ed, 3k is nothing and, if you want to win your case, figure out a way to get this little sum of money for the lawyer…go to your community agencies as they may have resources for you that will pay part of the fee or, set up a pay plan with the lawyer, most will do this…we are still pro se now because my wife’s work has stopped with the falling Real Estate industry and we need both incomes to fight our claims! Good luck and start looking for ways to pay the retainer!

  36. My goal is not to get a home for free, that sounds like a scam and dishonest. I have researched banking practices, federal reserve, and dont feel the banks actually gave me money (google Jermone Daly) This is our chance to fight against the banks who have been buying out congress, with fiat money and just printing more to work against us. If a lot of people start to stand up it will put a lot of pressure on the banking scam. Fighting your foreclosure to me is patriotic and has nothing to do with getting your home for free, it could be the result but not the goal. You wont be a fight for your life. we are fighting against a power structure and they will flex thier power, as I understand many are winning. My advice, you need to pick your battles and this is one worth winning.

  37. Hey Everyone!

    The reality is… that with the staggering numbers of folks who need assistance out there… all truly competent Attorneys, are booked out!

    They can afford to turn business down…

    Here is the deal… there are MANY defenses for foreclosure… it is NOT one size fits all!

    Either Learn what you need for your particular case… or search until you find someone that is reasonable… The only way to get a free house, without paying legal fees, is to master it.

    As an experienced Real Estate Professional, it has taken me some time to understand ALL the methods, that have been PROVEN to be effective at getting a SETTLEMENT. Lenders do not want published case law of this stuff… Plus a TILA violation or similar, can mean the loss of a lending license!

    If anyone is in a situation where you cannot afford an up front please contact us for a contingency arrangement.


    1-800-552-9313 Ext 111

  38. Lighten up Eddie
    $3,000 is cheap, some in South Florida are asking for $50,000 retainer. You may already have a predatory loan, you don’t need a predatory lawyer. Unfortunately, the law is not like healthcare where you can just walk into the emergency room and give them a false name and they provide a professional service for free…according to Mario Kenny who has posted here frequently Dawn knows what the hell she is doing….get a lawyer, represent yourself or mail in the keys and move out, ignoring the facts won’t change them. Fight or fold your call.

  39. I requested assistance at this website for an attorney than can take my foreclosure case in Fort Lauderdale on contingency. Dawn Rapoport responded, but after a wasting a couple of days with her, she informed me that she needed a $3,000 retainer. I talked to another attorney in Fort Lauderdale and mentioned this blog and he responded this seems like another internet scam. He said it’s impossible for any judge to give you a property free and clear. If you guys are so sure you can win those cases, then why do you need a retainer anyway? After all, if you do your job right, you are going to get paid by the lender. I guess, if you collect $3,000 from a bunch of people, you are going to make a lot of money even if you lose every case. It definitely sounds like a scam. I you would like to discuss this, you may call me at (954) 270-5023.

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