Monthly Archives: February 2011

How Mortgages are supposed to be Transferred to a Securitization Trust

There is a growing amount of discussion these days about possible defects in foreclosure proceedings commenced by loan servicers.  A lot of this discussion concerns procedural matters, such as whether the correct steps are being taken to verify the accuracy … Continue reading

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General Advice, History - Or how we got here, MERS, Mortgage Servicers, Overview, The Players

Massachusetts’ demand for Recording Fees and MERS’ Response

Commonwealth of Massachusetts  Southern Essex District Registry of Deeds Shetland Park 45 Congress Street Suite 4100 Salem, Massachusetts 01970  JOHN L. O’BRIEN, JR. Register of Deeds Phone: 978-542-1704 Fax: 978-542-1706 website: www.salemdeeds.com      NEWS FOR IMMEDIATE RELEASE Salem, MA … Continue reading

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Foreclosure Stories, MERS, The Players

The Problem with Mortgage Assignments

During the roaring 2000’s, banks were in such a hurry to create mortgages and sell them on in the secondary market that they were careless with their paperwork; particularly with mortgage assignments.  When foreclosures started coming in, many of the … Continue reading

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Foreclosure Defenses, Foreclosure Fraud, General Advice, History - Or how we got here, MERS

What is strategic default?

Not everyone even defines strategic default in the same way, but panelists were generally in agreement that it involves a borrower who has the ability to pay his or her mortgage but chooses not to. Often that decision is tied … Continue reading

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Foreclosure Defenses, General Advice, Overview

Attorney General opens probe into eighth foreclosure firm

State investigators say Ben-Ezra & Katz presented false and misleading documents to judges Diane C. Lade, Sun Sentinel February 23, 2011 The Florida Attorney General has opened an investigation into Ben-Ezra & Katz, a Hollywood law firm that processes thousands … Continue reading

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The Players

Just one Reason Nevada is #1 in Foreclosures

We’ve all read the stories about Nevada having the highest rate of foreclosures in the US. Here’s one example of why that’s so. The Nevada legislature passed a law to reduce foreclosures.  They required all foreclosures to go through Mediation … Continue reading

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Foreclosure Stories

MERS takes a hit in New York

In a Bankruptcy case handed down 6 days ago, MERS took a big hit.  Even though the Bankruptcy Court upheld the foreclosure, they said it wouldn’t be business as usual for MERS there anymore. Before anyone jumps for joy about … Continue reading

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Foreclosure Defenses, Foreclosure Stories, MERS, The Players

Non-Judicial Foreclosures by BOA halted in Nevada

 A unit of Bank of America Corp. unit, named ReconTrust Co. N.A., was ordered by a Nevada judge to temporarily stop foreclosures in the state that aren’t approved by a court order. Nevada is a State which allows both Judicial … Continue reading

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Foreclosure Stories, Homeowner Wins Foreclosure Case

Request for original mortgage note and additional information

From [edit] John Doe Address 1 Address 2 City, WY 12345 To [edit] (Name of Bank) Subject [edit] Request for original mortgage note and additional information Message [edit] To whom it may concern:  This is a qualified written request under Section 6 of the … Continue reading

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General Advice

More thoughts about Ibanez and Massachusetts

Why is the Ibanez case so important? First, to recap, the Ibanez case was handed down by the Massachusetts Supreme Court, the highest Court in Massachusetts.  It is the Law in that state.  The case was actually very simple. The … Continue reading

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Foreclosure Defenses, History - Or how we got here, Homeowner Wins Foreclosure Case