Attorney CLE 6 Hrs Mortgage Securitization in Litigation Only $395.00

Aug. 22, 2011 - PRLog -- SPONSORED BY: CERTIFIED FORENSIC LOAN AUDITORS, LLC

13101 West Washington Blvd., Suite 140
Los Angeles, CA 90066;
Phone: 310-432-6304
Facsimile: 310-432-6303

www.certifiedforensicloanauditors. com

The Nation's Leading Experts on Mortgage Securitization Research & Training.


SEMINAR LOCATION

Sheraton Los Angeles Downtown Hotel
711 South Hope Street
Los Angeles, CA 90017


SEMINAR SPEAKERS

1. PATRICIA RODRIGUEZ, Esq.

2. TIMOTHY LYONS O REILLY, Esq.

3. DAMION W. EMHOLTZ, CFLA, MSA


SYLLABUS

Pre-Litigation

1. Loan Originators
i. See Redacted Hybrid Audit

Securitization Audit Experts
i. See Redacted Hybrid Audit


Litigation

a. Securitization

i. Mortgage Backed Bonds bonds are not created equal

ii. Table Funding illegal for a bank to NOT use its own money

iii. Originator bank that originated the loan

iv. Sponsor/ Seller middle bank bought note from originator and sold it to depositor to package in the trust most missed the closing date

v. Depositor bank that sold the Note to the investor

vi. Lack of Standing

1. Injury each time the note was illegal sold the equity in the home significantly decreased

2. MERS Mortgage Electronic Registry

a. Every mortgage is supposed to registered on this system

b. Intended during the 1990s to cut recording costs/ fees for the banking industry; also helped hide chain of title from the public

c. Approximately 65 million mortgages MERS is beneficiary or nominee

3. Each time the NOTE was transferred by law there was supposed to be a duly signed assignment (from Originator to Sponsor/ Seller to Depositor); this did not occur in most cases.

i. Current Law

1. Ibanez Massachusetts (View Oral Arguments)

2. Phyllis AL Summary Judgment Breach of Contract 3rd Party Beneficiary

3. In re Doble (2011) WL 1465559 (Bkrtcy. S. D. Cal.)

4. Bank of New York v. Silverberg, 2011 NY Slip Op 5002, 6.

5. In Re Jessie M. Arizmendi, 09-19263-PB13, United States Bankruptcy Court, Southern District of California, 2011

6. Aguilar v, III v. Bear Sterans Resid. MTG., et. al.,

7. Kanno v. First Liberty Mortgage, Superior Court of California, County of Riverside, Case Number 539556, 2010

8. O Dell v. Washington Mutual Bank FA et. al., United States Central District Court of California, CV 10-09195 GAF (PLAx), 2011

9. Javaheri v. JP Morgan Chase Bank, N. A., et. al. , United States Central District Court of California, CV 10-09195 GAF (PLAx), 2011

10. SB1259 AZ statute requiring log of assignments Passed House/ Not Senate

11. Nevada & Hawaii Statutes requiring assignment logs

a. Bloomberg Level Three Audit See Redacted Bloomberg Audit

i. Shows exactly how many times the note has been sold and into which trust (classes); in some instances the note has been sold multiple times as if it was the first time the Note was sold CLEAR SECURITIES FRAUD

ii. Shows the note has been paid off answer to tender rule

b. Defendants Originator, Servicer, Trustee of Securitized Trust; Foreclosure Trustee (if applicable) and MERS (if applicable)


Fraud

a. Violations of Business & Professions Code 17200 Unfair and Deceptive Acts and Practices (UDAP) Fraudulently Procured Documents ;

i. Robosigners individuals who signed on behalf of companies they don t work for, never had any agency relationship, nor were they attorney-in-fact; many of these individuals have admitted publicly in deposition or otherwise that he/ she signed 1000s of documents without knowing what the document was, who they were signing on behalf, etc.

ii. Substitution of Trustees, Corporate Assignments, and Assignments are red flags for transfer problems

b. Violation of UDAP Fairness Doctrine


Waiver

a. Contractual issue bank has told HO to stop making payments to be considered for a modification; thus, the bank has waived any right to enforcement of the terms of the contract under the note; it gave that right up to enforce the contract by telling the home owner to stop making payments; homeowner relied on that waiver, stopped making payments for a modification, is denied modification, - bank cannot then come back and state it is entitled to enforce the payments


Intentional Infliction of Emotional Distress

a. Outrageous Behavior

b. Injury


Non-Judicial Foreclosure (CA)

a. Notice of Default Bank is giving the Homeowner notice that according to the Bank HO owes the bank and hasn t paid

b. Notice of Trustee Sale This is notice to the HO the bank is electing to sale the property under the allege authority of the Deed of Trust

c. Trustee Sale Date date the bank sales the house

d. California Civil Procedure 2932. 5


Litigation Ownership/ Title CA

a. Complaint See Redacted Markham Complaint

i. Upon belief - Plaintiffs allege

ii. Summons; Civil Case Cover Sheet; Attachments; Complaint; Complaint Signature Page; Exhibits

iii. Filing/ Serving Defendants Jurisdiction Specific

b. Temporary Restraining Orders/ Preliminary Injunctions

i. Bonds

c. Lis Pendens - two page document which attaches the lawsuit over title to the property; thus when its sold at a trustee sale date no one but the bank will buy the lawsuit bank must buy it back

d. Answer

i. Defendant has 30 days to Answer unless Trustee files objection to non-monetary status if Plaintiff objects Defendant is given 30 days from proof of service of objection to non-monetary status

ii. Three choices: Admit, Deny, Demur (motion to dismiss in federal court)

e. Demur Hearing

f. Case Management Conference CMC

i. Case Management Conference Statement

g. Trial Set 6 months out from

h. Discovery

i. Form Interrogatories

ii. Special Interrogatories

iii. Request for Documents

iv. Depositions

i. Trial 4 to 5 Days

j. Tender Rule


Litigation Possession/ Unlawful Detainer CA

a. Temporary Restraining Order temporary stop to the sell of the house

b. Preliminary Injunction permanent restraint from selling the house the entire duration of the litigation

c. Unlawful detainer action

i. Complaint

1. Three elements: proper notice; still in possession; plaintiff has right to possess

ii. Answer 5 days for homeowner; 10 days for renter

iii. Motion to consolidate with matter involving Title

iv. If judgment entered motion to stay judgment until after Title matter decided irreparable harm (for actually homeowner residing on premises)

v. Not granted must appeal BC by law MUST be granted


Protecting Tenants At Foreclosure Act

i. Include Act

ii. Research Synopsis Date Last Updated

1. Plain Language

2. Legislature s Intent

3. Pending Litigation

a. THIS FIRMS CASES Answers based on PTFA in pleadings

4. Ethics

a. Conflict of Interest Representation of Homeowner/ Renter

iii. Fwd Email from Norberto Emergency Statute

iv. Lease can be purchased through third party company

v. Federal Emergency Statute Federal Question Federal Jurisdiction


Ethics

a. Federal Trade Commission For Consumers

i. Mortgage Assistance Relief Scams: Another Potential Stress for Homeowners in Distress

b. Spring 2009 California State Bar Association Ethics Hotliner

c. CA Senate Bill 94 Foreclosure Consultants

d. No Fee Splitting; No Unauthorized Practice of Law Non-lawyers; Client Communications


Fee Agreement

a. Monthly Flat-Fee; Contingency; Reasonable/ Conscionable; Disclosure: No Guarantee


Bankruptcy/ Credit Repair

a. Sandra M. Nutt CA BK Att.

i. Quick Fact Gathering Document Checklist

b. Norberto Reyes CA BK Att.

i. Ch. 7, 11, & 13

c. American Credit Repair

i. Jordan Carnahan (Executive Sales Director)

1. California Credit Repair Center

a. Jordan americancreditrepair. net

b. Toll Free: (800) 791-6365; Cell (707) 849-4598

d. JUSTUSDEBT A Debt Relief Company

i. Dean Newtwon 877-244-0612

ii. Very successful at resolving credit card debt and second mortgages for pennies on the dollars.

# # #

Certified Forensic Loan Auditors, LLC, is the nation's premier forensic loan
auditing and mortgage/litigation support company. CFLA also offers the Nation's Only Forensic Loan Auditor Certification and introduced the Mortgage Securitization training