FDIC – Hide & Sneak …and Seal

Posted on June 2, 2013 by Deadly Clear

The Federal Deposit Insurance Corporation (FDIC) chairman serves at the pleasure of the President of the United States. During the financial crisis of 2008, Sheila Bair was chairman of the FDIC and was a member of a very small club: competent crisis-era financial regulators. Bair was one of the primary policymakers in Washington, DC during the 2007–2009 financial force majeure.

It was during that time many banks and pretender lenders failed, including IndyMac Bank, FSB and Washington Mutual aka “WaMu”. Deals were contrived between banks by the FDIC as it stepped in as receiver to peel off assets making Master Purchasing Agreements between parties.

In some cases, like IndyMac and WaMu, these deals were struck before a bank could seek reorganization under bankruptcy protection. These “deals” included sealing documents that it appears pertain to sale agreements and the operations of the banks that probably should have led to a Securities and Exchange Commission investigation – rather than covering up the potential for fraud under court seal of, as it appears, the “Unassigned Records” as in the case of IndyMac. Continue reading →

MERS – TOO MANY DEAD DUCKS

Posted on April 27, 2013 by Deadly Clear

While fishing for bank-related patents this gem surfaced and jumped into the net. At first it wasn’t apparent it was a keeper because the UETA issue has not been in the forefront of foreclosure defense. However, taking the time to dissect the document it became apparent that, as some of us have suspected, there is a mandatory methodology from the origination of the mortgage loan on a trip to the securitized trust that includes the EXPLICIT CONSENT of the obligor (homeowner).

Yup… It appears the road to securitization needs an electronic record that the “issuer” aka the “obligor” has explicitly consented to at the time of origination. Yeah, ya think maybe that was the real intention of MERS aka Mortgage Electronic Registration Systems, Inc.? But it looks like it didn’t have all its ducks in a row. This is a lot to digest – but you need to know and understand this information in order to plead your case correctly before the courts. Continue reading →

EMERGENCY NOTICE: New Century Mortgage Trustee Motions to Destroy Mortgage Files

Posted on February 22, 2013 by Deadly Clear

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February 28, 2013 – See Attorney Wendy Alison Nora’s Comment below –

ATTENTION ALL NEW CENTURY MORTGAGE HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS:

NOTICE OF MOTION TO DESTROY NEW CENTURY MORTGAGE LOAN FILES

On February 14, 2013, New Century Mortgage Liquidating Trust Trustee, Alan M. Jacobs motioned the court to allow him to destroy and abandon “certain” Mortgage Loan and Business files (Order Authorizing the Immediate Abandonment and Destruction of Certain Mortgage Loan Files and Non-Mortgage Loan Business Files). It is so immediate that respondents have only until February 28, 2013 to answer! Click here for the Destruction of Files Motion. Continue reading →

Bloomberg Terminal Iceberg – Tortious Interference?

Posted on February 20, 2013 by Deadly Clear

Who Forced BLOOMBERG TERMINAL To Shut Down ALL Audit Service Providers? Can You Say Tortious Interference?

A couple of weeks ago forensic auditors and attorneys ran into the Bloomberg Terminal iceberg when Bloomberg Terminal (a securities stock searching software program) locked them out of the loan finding program [LFND]). Without warning Bloomberg Terminal shutdown access to the loan searching program that had been used by numerous companies to research securitized trusts and the loans within in them. It appears too many loans had been found in trusts when the servicers were claiming ownership. What better way to stop the truth than to try to sink the ship?

Continue reading →

Oh, New Century…What a wicked web you weave…

Posted on July 1, 2012 by Deadly Clear

The new word in the securities fraud cover-up banter is “ministerial” – and so very far from the truth.

On April 2, 2007, New Century Financial Corporation and its related entities filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court, District of Delaware and is currently heard and administered by the Honorable Kevin J. Carey.

With the filing of bankruptcy, New Century took down a list of affiliate / entities including New Century Mortgage Corporation, Home123 Corporation, New Century Mortgage Ventures, Midwest Home Mortgage, among a host of others. New Century was one of the Continue reading →

Let’s Make A Deal – “Wells Fargo Come On Down”

Posted on May 3, 2012 by Deadly Clear

The Phillips-Tehiva reconsideration hearing took place on Tuesday, May 1st. May Day… Occupy Maui May Day.

Honorable Judge Eric G. Romanchak flew into Hana, Maui to hold monthly court in the “Little House on the Prairie-style” Hana Courthouse and hear the arguments presented on the foreclosure and eviction issues relating to the Phillips-Tehiva family and their Hawaiian family land.

The Wells Fargo, as Trustee v. Phillips-Tehiva case has been the focus of local and international media attention causing emotions
to run at very high levels. Continue reading →

The Securitization Curtain is Lifting in Hawaii!

Posted on March 29, 2012 by Deadly Clear

One of the most important decisions for Borrowers Rights in the history of Hawaii has been made with this decision. Honorable Judge J. Michael Seabright of the Hawaii United States District Court, today GRANTED the homeowners’ Motion to Dismiss the case filed against them in federal district court by Plaintiff Deutsche Bank National Trust Company, as Trustee Morgan Stanley ABS Capital I Inc. Trust 2007-NC1 Mortgage Pass-Through Certificates, Series 2007-NC1. Continue reading →

The Frauds of Wells Fargo Were Warned of 100 Years Ago – channeling Charles A.Lindbergh, Sr.

Posted on December 31, 2011 by Deadly Clear

“This [Federal Reserve Act] establishes the most gigantic trust on earth. When President Wilson signs this bill, the invisible government of the monetary power will be legalized….the worst legislative crime of the ages is perpetrated by this banking and currency bill.” -Charles A. Lindbergh, Sr. , 1913

Charles A.Lindbergh Sr. was the father of Hana’s beloved “Lucky Lindy” – aviator Charles Lindbergh, who is buried just outside of Hana town in Kipahulu, Hawaii. It made sense to dedicate this post to his father, a Minnesota Congressman from 1907-1917.

One hundred years later, the Congressman’s courageous statements carry the truth of the corruption in Wall Street and government and strike at the very core of our nation, as well as the world’s, economic nightmare.

In 1913, he wrote Banking And Currency And The Money Trust By Charles A. Lindbergh, and in 1917 he wrote “Why is Your Country at War?”, attributing high finance as Continue reading →

Coming Home to Roost – Congressional Oversight Panel, “Banks cannot prove they own the loans…”

Posted on November 26, 2011 by Deadly Clear

In the recent filing November 9, 2011 of an Ohio case, Deutsche v. Holden, in the Court of Common Pleas in Summit County, (Akron) Ohio, defense attorneys submit that the note had not been transferred pursuant to the PSA therefore the foreclosing entity (Deutsche) did not own the note and mortgage.

Holden‘s Motion to dismiss cites the November 16, 2010 Congressional Oversight Panel’s (COP) report titled “Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation” as well as the PSA and New York trust law.

Senator Ted Kaufman warned that the COP investigation found evidence that he stated as the worse case scenario, “considerably grimmer” where “robo-signers served to conceal the fact the banks cannot prove that they own the mortgage loans that Continue reading →

“The REMICs have failed! “The REMICs have failed!”

Posted on November 4, 2011 by Deadly Clear

If Paul Revere were alive today he would be riding through the town warning “The REMICs have failed!” However, the government these days would go, “Shhhhhh!”

Most average homeowners have no idea what a REMIC is – actually most attorneys have no clue …. so, you know many of the Judges are completely in the dark. REMICs are a form of IRS tax shelter sold to investors as part of the mortgage-backed securities package (Real Estate Mortgage Investment Conduit (“REMIC”) pursuant to I.R.C. §§860A-G).

The documents that killed the REMICs may actually help save your home. Continue reading →