Back them into a corner — Request for Admissions

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As part of my consultation on a case involving PennyMac and Citi, I suggested a strategy (see below) using the procedural route of a Request for Admissions. If not answered, the requests are deemed admitted — which in most cases will completely undermine the foundation for any of the evidence proffered by the foreclosing party. If admitted, the same result applies. If denied, you have something to ask for in further discovery. If objections are filed then the lawyer must be prepared with cases, statutes and treatise authority to back up his claim that he/she is entitled to the information and that without it the trial will be a sham.

The usual response to a request for production is that they already gave you the paperwork — when you know and they know that isn’t what you were asking for. You hopefully asked for all documents in which there was…

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Morgan Stanley makes big push into mortgage originations

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Morgan Stanley plans to bring its mortgage origination business in-house, as the bank ramps up the business to create a bigger presence in the mortgage market.

According to the Reuters article by Olivia Oran, Morgan Stanley wants to bring the business in-house to improve customer service and generate more mortgages, citing two people familiar with the matter.

“Morgan Stanley executives hope that handling originations in-house will smooth out the process and give the bank a chance to market other products and services to wealthy clients,” the article stated.

Before bringing the business in-house, Morgan Stanley used PHH Corp. as a third-party provider for its originations.

Read on.

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How JPMorgan Chase Is Cashing In On Private Prisons

Dimon was probably was a slave trader in the early 1600s consisting of criminals as indentured white slaves promised land that rarely materialized …and reincarnated into slave owner in 1700s… #WhiteCargo – great book!

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National Memo:

Chase CEO Jamie Dimon is increasingly vocal in public about his newfound ethical concerns. He made a very public statement distancing himself from President Trump over Trump’s failure to condemn white supremacy in Charlottesville, Virginia. He has also described himself as “pro-immigrant”: an opinion that is hard to square away against his roles as a financier, underwriter and bond-holder of private prison corporations like GEO Group and Core Civic (formerly Corrections Corporation of America). Both corporations oversee Immigrant Detention Centers throughout the U.S., many of which house undocumented migrants.

JPMorgan Chase’s investments in private prisons certainly make economic sense: the private prison industry is worth about $5 billion, and the election of Donald Trump has caused the profits of the sector to balloon further. Almost immediately after Trump’s inauguration, the Department of Justice rescinded the Obama administration’s order to phase out federal private prisons from the criminal justice…

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Jamie Dimon BUSTED Buying Bitcoin! (Bix Weir)

You can’t make this stuff up!

Just days after Jamie Dimon proclaimed that “Bitcoin is a Fraud!” and he would “Fire any trader that worked for him that bought Bitcoin”…JP Morgan Securities LTD in Europe was the 4th largest buyer of the “Bitcoin Tracker One” ETF!!! Not exactly sure about the legality of this, but I don’t think the CEO of the world’s largest “Too Big Too Fail” bank is legally allowed to participate in market manipulations on what he deems a “fraudulent asset!”

THE TRANSFERRING OF SERVICING RIGHTS TO AVOID REVIEWING COMPLETE MODIFICATION APPLICATION

There is an overall system in place designed with intentional fraud on the court and necessity for liquidity. The MBS computer software / financial products are not designed for 30 yr mortgages. Securitized trusts need liquidity for pension funds to be able to invest. Nothing has changed since ringleaders’ GSE conservatorship except ramping up wrongful foreclosures to feed the Treasury to prop up Obamacare. Servicing shifts are part of this process and all of it needs a criminal investigation and complete, detailed audit.

Livinglies's Weblog

To listen to Patricia Rodriguez discuss the latest foreclosure defense issues please visit the Neil Garfield Show here and here.

By Patricia Rodriguez, Esq.

Nothing in this article is meant to be construed as legal advice; there is no attorney-client relationship that is being created. This is for general education purposes only. 

After years of litigating against alleged lenders, investors, servicers, and foreclosure trustee’s we are starting to see a clear trend of the servicing rights being transferred upon receiving a complete loan modification application. What is an alleged lender – this is usually the party that claims to have funded the original loan or the originator.

The alleged investors are those who claim to have received an ownership interest in the loan through an assignment and endorsements or multiple assignments and endorsements. The foreclosure trustee in non-judicial foreclosure states such as California are entrusted with overseeing the foreclosure…

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Shocker: U.S. sues former Deutsche Bank head subprime mortgage bond trader for crisis-era fraud

So, let’s get this straight, the dude is “systematically and intentionally” lying about the quality of the subprime loans… the same financial products that they sold to unsuspecting homeowners? So… chances are they were lying to homeowners too, yeah? Seems logical, doesn’t it?

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In what can only be regarded as a shocking development, the United States is suing the former head of subprime mortgage trading at Deutsche Bank over “systematically and intentionally” lying about the quality of subprime mortgages that backed nearly $1.5 billion in mortgage-backed securities in the run-up to the crisis.

The lawsuit marks one of only a handful of times the government has gone after an individual for crisis-era mortgage fraud at the systemic level; an untold amount of MBS traders from this era still walk free.

Read on.

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Irma’s Bad but Here Comes JOSE!!! (Bix Weir)

As bad as Hurricanes Harvey and Irma were/are there’s one approaching the East Coast whose destruction destruction eclipse both of them!

“You never want a serious crisis to go to waste. And what I mean by that is an opportunity to do things you think you could not do before.” — Raul Emanuel, Chief of Staff for Obama

 

Wells Fargo Strikes Again

Livinglies's Weblog

If you want to know why people in all political spectrums are angry enough to blow up stuff consider this: If any of us walked into Wells Fargo Bank and using stolen financial identities opened up a checking account, savings account, credit card account and maybe a few more credit card accounts, upon discovery, we would be accused of bank fraud and sentenced to years in prison.

Add to that total the following: an auto loan, a mortgage loan and creating an old-style “float” using newfangled EFT (eletronic funds transfer) bearing the name “shadow money” in a “shadow banking world.”

Those were all things that Wells Fargo continually committed for the last 20 years giving the false impression that its brand mattered, that they had more business than they really did, that they had mroe accounts —depository and loan accounts — than they really did and all based upon lies…

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Nine years on, another Lehman Brothers bankruptcy

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The two affiliates, Lehman Brothers U.K. Holdings (Delaware) Inc and Lehman Pass-Through Securities Inc, were put into bankruptcy as part of a deal that will generate $485 million cash for the Lehman estate, according to court documents.

The affiliates own residential mortgage-backed securities, real estate and stock in First Data Corp (>> First Data Corp), which helps process credit card transactions, among other assets, according to papers filed in the U.S. bankruptcy court in Manhattan. Affiliates of Brookfield Asset Management Inc of Canada (>> Brookfield Asset Management Inc) are buying stakes in the Lehman affiliates, which were put into bankruptcy to carry out the deal.

Administrators have spent years winding down Lehman’s holdings and have distributed around $147 billion to creditors, according to court records.

Read on.

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Damning report finds state agencies wasted millions meant for struggling homeowners

Un-frickin’ real! Families are made homeless while Treasury was partying with the state! Such a life.

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A damning new report from a federal watchdog shows that 19 state housing finance agencies wasted millions of dollars that should have gone to struggling homeowners as part of the government’s Hardest Hit Fund program.

The report, published Friday by the Office of the Special Inspector General for the Troubled Asset Relief Program, showed that SIGTARP’s investigation found that the all 19 of the state housing finance agencies that participated in the Hardest Hit Fund collectively wasted $3 million on items like barbecues, steak and seafood dinners, gift cards, flowers, gym memberships, employee bonuses, litigation, celebrations, and cars, instead of using the money to help struggling borrowers.

Read on.

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