Tag: "securitization"

Arming Attorneys with the Ammo to Win

Forensic Mortgage Analysis Workshop
Hosted By Brad Keiser Of Foreclosure Defense Group

CLICK HERE FOR MORE INFORMATION

Winning Strategies Require Attorneys Have:

Leverage of a credible threat
Issues of fact that shift or heighten the burden of proof to the foreclosing party
Evidence vs Allegations
Understanding of your Opponent – Right hand isn’t often talking to the Left hand
Guns with only one [...]

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Securitization and TILA Audits: You Can’t Do One without the Other

Article below submitted From the desk of Brad Keiser:
Editor’s note: This is a perfect example of why ignoring the complexities of securitization leaves all the red meat on the table. The commingling of funds that is cited in the article below is exactly what I have I have been talking about , exactly why the [...]

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Common Sense Revisited: Securitization and student Loans and Other Matters

Common Sense Revisited: The current crises in reform of student loans, health-care, financial services, prisons, pharmaceuticals, and dozens of other things stalled on the table by an artificial definition of “majority” as 60% instead of 51% lies at the heart of our problem. It isn’t that one policy is right or another is wrong. The [...]

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Bankruptcy Judge Invalidates Securitization Payment Structure

Editor’s Note: 180787_86_opinion Lehman My reading of this report is that the underlying principle of the ADDITION of conditions and co-obligors changed the homeowner’s note from being negotiable to non-negotiable. This decision doesn’t say that but the underlying reasoning leads me to believe that we are on the precipice of a paradigm shift in the way [...]

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Guess What Got Lost in the Loan Pool?

WE are all learning, to our deep distress, how the perpetual pursuit of profits drove so many of the bad decisions that financial institutions made during the mortgage mania.
But while investors tally the losses that were generated by loose lending so far, the impact of another lax practice is only beginning to be seen. That is the big banks’ minimalist approach to meeting legal requirements — bookkeeping matters, really — when pooling thousands of loans into securitization trusts.
Stated simply, the notes that underlie mortgages placed in securitization trusts must be assigned to those trusts soon after the firms create them. And any transfers of these notes must also be recorded.
But this seems not to have been a priority with many big banks. The result is that bankruptcy judges are finding that institutions claiming to hold the notes that back specific mortgages often cannot prove it.

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