Los Angeles, CA (PRWEB) October 21, 2010
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Tag Archives: Securitization
Certified Securitization Analysis, LLC Offers Homeowners Facing Wrongful Foreclosure Tips on How to Defend Themselves
San Francisco, California (PRWEB) February 28, 2012
Certified Securitization Analysis, LLC, According to the recent government settlement, a $ 2,000 payment will be made to borrowers in response to the banks fraudulent robo-signing practices. Unfortunately, the announced settlement is too little and too late for most borrowers facing foreclosure. Homeowners are left with little option except to pursue a civil case against fraudulent mortgage securitization practices. Certified Securitization Analysis, LLC has been conducting hundreds of mortgage securitization audits to assist borrowers facing imminent foreclosure. Below is a brief overview of mortgage securitization as well as industry best practices tips for the borrower to protect themselves while facing predatory lenders wrongful foreclosure practices.
What is Mortgage Securitization? A Brief Background
Current U.S. mortgage debt stands at $ 14 trillion. Most mortgages in the U.S. are securitized and owned by trusts and are often referred to as RMBS or MBS trusts, standing for residential mortgage-backed securities. The trusts are made up of a pool of mortgages (often greater than 5,000 mortgages per trust). The loans are usually sub-prime loans. Individual mortgages were packaged into MBS Trusts; these MBS trusts were pooled, sliced and sold. The mortgage loans in each pool, or MBS Trust, include both first and second lien mortgages, both fixed-rate and adjustable rate loans. There are different classes within each pool of loans, representing different qualities of loans. It is not unusual for each pool to have as many as 20 different classes. Bonds are issued to investors to represent the purchase, so investors are often called bond holders. The loans are selected for each pool by a particular date, often called the closing date of the trust. While a trust may substitute loans into the pool after the closing date, there are strict guidelines on such substitutions. The pool of loans is described in a prospectus usually called a 424B filing with the Securities and Exchange Commission a printed document that describes the business enterprise that is distributed to prospective buyers and investors. Many representations (promises) are made to the potential buyers of these bonds regarding the loans in each pool in both the prospectus and the Pooling and Servicing Agreement. Most of these promises to date have been misrepresented whether intentional or not, which has resulted in numerous investor lawsuits against banks and wall street investment firms involved in the marketing of such securities.
There is still a valid defense against wrongful foreclosure. Here are some tips on what to look for:
1) Borrowers need to insure that the foreclosing entity is the actual Note Holder. Banks act as pretender lenders, when originating a loan. After it is sold to the Bond Holders (Investors), they take on the role of loan servicing only. If payments cease, then the Loan Servicer does have the right to initiate foreclosure proceedings, but only the Note Holder can actually complete the foreclosure process.
2) Borrowers need to insure that the foreclosing entity is in possession of the original mortgage note The mortgage lender (Pretender) must be in possession of the original wet ink mortgage note to foreclose, hence the term Produce the Note. Be aware that after several hundred audits, CSA, LLC has never seen a bank produce the original wet ink promissory note.
3) Borrowers must check to see if the promissory note and the deed of trust have been separated. The banks split the Promissory Note and Deed of Trust in every Securitization Agreement. They sold the Note to the investors and recorded the deed with the county recorder, or in over 50% of the cases, Mortgage Electronic Registration Systems, (MERS). MERS told the servicers to hold the notes, and many or most of them were destroyed or lost. Further, the notes were separated from the mortgages, making them null and void.
5) Borrowers need to check if loan was recorded with MERS. Improper Mortgage Assignment Over 60 million mortgages were assigned to MERS (Mortgage Electronic Registration Systems, Inc.) MERS business practices have been ruled by a NY Bankruptcy Judge in 2011 as unlawful.
6) Borrowers need to learn how to create a free account on http://www.secinfo.com for investigation of public SEC filings. Objection to an Entity that is Foreclosing Mortgage Servicers will often foreclose in their own name and not reveal the identity of the true holder of the note. Since most of the Mortgages, if not all are owned by investors, through MBS Trusts, each investor only owns a portion of the collective pool of mortgages, but not any one specific mortgage. Therefore, there is no one who can legally foreclose.
7) Borrower must demand that the mortgage lender validate the debt. If homeowners would read their Deed of Trust they would discover it to be a glorified lease Agreement. This is why when paying off a mortgage, a homeowner must request a payoff letter from the bank, this is the only time the bank is admitting that there is a debt in existence. There are many reasons for this and will be discussed in-depth on our website soon.
CSA is now offering free mortgage securitization audit assessments to homeowners facing foreclosure. As legal options are dwindling, this should be the main focus of any wrongful foreclosure defense.
For more information, please contact us at http://www.securitizationanalysis.com or write to: sales(at)securitizationanalysis(dot)com or call (415) 316 8776 to schedule a time for a mortgage securitization assessment.
About Certified Securitization Analysis, LLC
Certified Securitization Analysis (CSA), LLC is a consumer advocacy firm that provides due diligence and investigates mortgage securitization fraud. The Companys proprietary methods and processes for audit and analysis focus on legal standing issues in foreclosure situations where the underlying mortgage was securitized.
CSA is not a law firm. CSAs information and services are not intended as legal advice and practice.
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Certified Securitization Analysis Re-Brands and Expands Product Offerings in the Wake of new Judgments vs. Banks in Wrongful Foreclosure and Illegal Debt Collection Practices
San Francisco, California (PRWEB) May 17, 2012
CSA, LLC (formerly Certified Securitization Analysis, LLC), the leading resource for consumers in debt has re-branded and launched their new website at http://www.1analysis.com. Offering an expanded suite of products which will empower consumers in the fight against wrongful, and in many cases illegal debt collection, CSA, LLC now offers securitization audits and analysis covering not only Commercial and Residential Real Estate Loans but also Credit Cards, Retail Installment Agreements i.e. Auto Loans and Student Loans.
With over 600* million credit cards currently in circulation in the US alone and the average credit card debt per household standing at close to $ 16,000**, many consumers are now defaulting on their credit cards. Similar to sub prime mortgage lenders, credit card issuers have been seeking to maximize profits by lending to those who are financially vulnerable and then spreading the risks by selling off securities based on credit card receivables. The financial crisis has reduced households access to credit, undermining the competitiveness of the credit card industry. Thus, credit card companies are more likely to be able to charge higher rates without losing all of their customers. Credit card companies will have no incentive to conduct proper underwriting of new accounts, since losses can be spread among the existing account holders who have fewer opportunities to change cards. If underwriting is tainted in these situations, then the securitization process is compromised and holds the same pitfalls as mortgage backed securitization, which leads to lack of standing by the banks and causes wrongful debt collection to proceed unmonitored. The consumer loses accordingly.
In the case of retail installment agreements, the auto loan is the most similar example to mortgage backed securities. Car dealerships have often securitized a sizeable portion of their customers’ auto loans – that is, bundling several loans from purchasers into a security and then selling the security as a whole to a larger corporation. Securitizations enable a lender to remove debt from its books and sell them to larger financial institutions. Recently, many car purchasers have reported that their interest rates and monthly payment plans changed as soon as their loans became part of a securitized portfolio. Buried in the fine print of the auto loan were terms and conditions that allowed the securitized portfolio’s manager to make these adjustments, and precluding the borrower or car purchaser from contesting the change.
Since no direct communication occurs between the customer and the large company that takes over the loan (customers are often unaware that their loans were securitized at all), car salesmen have been accused of fabricating the client’s financials in order to close a deal. A recent case highlighted one individual whose monthly payments increased to $ 425 a month from $ 250 after their loan was part of a portfolio syndicated to a national bank because the dealership had changed his income information. Living on just $ 800 monthly Social Security disbursement, this person could not possibly have qualified for the loan.
In addition, student debt has now become a nightmare for Americans with the potential to explode as the next major US financial crisis as students and workers seeking retraining in a tough economic market are borrowing extraordinary amounts of money through federal and private loan programs to help cover the rising cost of college and training. Currently out of the $ 1Trillion student loan debt on the books, $ 300 Billion of that debt is currently 30 days or more past due.
CSA, LLC has recognized that the financial institutions are now foreclosing on America and are not helping Americans solve their financial debt crisis. Were on the securitization roller-coaster and its going off the tracks fast as consumers plunge deeper and deeper into debt and greedy financial institutions continue their wrongful debt collection practices. says Adam J. Meyer, CEO of CSA, LLC. The credit card provisions that have been identified as unfair, deceptive, and anticompetitive are not only sending American families further into debt, but standing in the way of economic recovery. The economic downturn and financial crisis have accelerated the adverse impacts of these practices on consumers, small businesses and our economy as a whole. CSA LLCs new suite of product offerings seeks to combat these financial institutions wrongdoings and give America back to the consumers. This is our country and we are not willing to give it up to the banksters.
Already known as a stalwart in mortgage securitization, this new suite of products will further enhance CSA LLCs position in the debt collection space and assist the millions of US consumers who are saddled with unsurmounting credit card, retail installment and student loan debt. It will only take 1analysis from CSAs new product offering suite to put homeowners and those in debt on the correct path to reclaiming their homes and protecting themselves against the wrongful foreclosure and debt collection practices of the financial institutions.
*Source: “The Survey of Consumer Payment Choice,” Federal Reserve Bank of Boston, January 2010
**Calculated by dividing the total revolving debt in the U.S. ($ 801.0 billion as of December 2011 data, as listed in the Federal Reserve’s February 2012 report on consumer credit) by the estimated number of households carrying credit card debt (50.2 million)
About CSA, LLC:
Founded in 2010, CSA, LLC is the leading resource for consumers in debt. Our audits and analysis empower consumers and/or their legal advisors with effective and actionable strategies to defend against wrongful, and in many cases illegal debt collection. Our audits and analysis cover Commercial and Residential Real Estate Loans, Credit Cards, Retail Installment (Auto Loans and Student Loan) Agreements. For more information and a free debt analysis and evaluation of your current situation, please see http://www.1analysis.com or contact CSA, LLC at sales(at)1analysis(dot)com or call 1-888-715-0060.
Advanced e-Discovery Provider e-Logic Group Tranforms and Takes Real Estate Securitization Audit and Forensic Audit Analysis to the Next and Right Level
Miami, Florida (PRWEB) July 07, 2012
As more companies offer Bloomberg Terminal Training to sprouting audit report companies, miss the requirement and necessity of a qualified report and as a result, purchasers of a securitization audit report spend thousands on worthless paper. “e-Logic’s sister company Anthony Martinez & Associates(“AMA”) has provided Legal Process Outsourcing (“LPO”) Services in loan level litigation since 2008 and we’ve been identifying fraud-securitization in draft pleadings and memorandums for attorneys since then” says Anthony Martinez, President and Chief Executive Officer of e-Logic Group, Inc.
Mr. Martinez has provided advanced discovery services and consulting for over 16 years. As a Discovery Expert, Consultant and Strategist, Mr. Martinez is fluent in finding the “smoking gun”. “Move past simple certification in a research tool like Bloomberg where you pay a couple of thousand a month for terminal access to find the trust information. You have these securitization reports stating information too loosely like lender, originator, sponsor, depositor, issuing entity, underwriter etc. without fully analyzing each of their roles. Did the securitization documents exist before the subject loan was consummated? If so, did the Sponsor provide a warehouse line of credit to the originating parties and if so, did the funds transfer to the Originator directly from the Sponsor or did the funds transfer directly from the funding source to the Seller? These are all important questions when the loan docs identify a lender who never lent anything and the real Lender/Creditor remained undisclosed. This is discovery at its best. Why would anyone rely on a report that provided anything less? Audit companies provide an injustice when they provide a report with charts and graphs that say a loan was in the trust and ABC Mortgage Company was the lender without knowing for certain the lender actually lent the money.”
Moving past the days of traditional discovery wherein war rooms were created by law firms and filled with temp attorneys to shift through boxes and boxes of documents to determine responsive versus non-responsive documents, e-Logic Group has incorporated e-discovery platform automated analytics into its securitization analysis to find critical information within SEC filed documents coupled with “tagging and flagging”, a term commonly used when important and critical information is found. “Now that you’ve found the critical information what do you do with it? Attorneys want to know the above lender/creditor issues coincides with violations of Mortgage Fraud and Consumer Protection and Deceptive Practices Acts. They want insight into relevant cases specific to their state and federal district courts” says Martinez. Securitization reports commonly contain fluff about MERS and inaccurate legal conclusions instead of 100% factual information an attorney can use. Those who provide the report normally do not provide a Curriculum Vitae (“CV”) showing their qualifications, background and experience that qualifies their opinion. Most would not fit the expert witness criteria leaving most securitization reports useless.
Well past the days of foreclosure defense, Mr. Martinez now brings his extensive knowledge and experience as a Discovery Expert, Consultant and Strategist to the Webinar and Seminar Circuit to pass on critical information to attorneys across the United States. “If I wanted to stop a Warlord from genocide in Africa and confronted him by myself he’d kill me and would most certainly make an example out of me. But, if I went over there with an army of 200,000 soldiers I’m sure the outcome would be different. I know that may seem a bit extreme but so is children losing their bedrooms and the safe sense of security they gain growing up in a home. Neither the fraudclosers nor the courts recognize the damage done to a child who loses their sense of security when they lose their home. All attorneys and their clients want is judgment on the merits. There are over 90,000 licensed attorney’s in the state of Florida alone. I’m confident I have a knowledge base that can effect change, will provide attorney’s with a successful tool box that not only uses e-Logic’s Advanced Securitization Audit and Forensic Audit Analysis’ but also provides a way to level the playing field to make it business smart for them to engage.”
To learn more about e-Logic download their most current White Paper here.
About e-Logic Group, Inc. – e-Logic is one of the most advanced e-Discovery Providers in the industry today that uses state of the art technology that incorporates intelligent algorithms and analytics to automate information processing. e-Logic is now a provider of high end Advanced Securitization Audit and Forensic Audit Analysis Reports for attorneys engaged in loan level litigation involving fraud.
About Anthony Martinez – Mr. Martinez is a top Discovery Expert, Consultant and Strategist in the industry today with over 16 years of experience in complex litigation discovery and e-discovery matters. A veteran of the gulf war, Mr. Martinez is currently the President and CEO of e-Logic Group, Inc., Executive Director of Anthony Martinez & Associates, a leading LPO Service Provider and is the Author of Discovery Tactics, a leading Weblog that discusses real property litigation matters, case law and other topics.
e-Logic Group CEO Anthony Martinez Conducts Strategy Sessions To Discuss Seminars On Advanced Securitization Audits, Forensic Audits, Quiet Title, Mortgage Fraud
Miami, FL (PRWEB) July 13, 2012
As real estate scammers continue to hold bogus seminars using hot industry catch phrases like Quiet Title and Mortgage Fraud, a greater need has presented itself for real, crucial and critical information on these very real topics. “I may think I know everything there is to know about advanced securitization, quiet title and mortgage fraud options or arguments but that may not coincide with what attorneys and investors really need,” says Anthony Martinez, e-Logic Group’s Chief Executive Officer whose company now offers Advanced Securitization Audits, Forensic Audits and Litigation Strategy Analysis and is very well known in the legal community as one of the most reliable go to resources. “Attendees of seminars are your clients and like all relationships it’s important to discuss your clients needs, understand them and come up with a plan that works for them. That’s why I’ve decided to conduct strategy sessions with attorneys and investors on the topics of my Discovery Tactic’s Seminars before I actually begin offering them.”
Discovery Tactic Seminars are designed to be cutting edge. They offer attendees factual and critical real life working information that’s not theory based on someone’s inexperienced interpretation. Discovery Tactics is a Weblog authored by Mr. Martinez, a Discovery Expert, Consultant and Strategist. His consulting company Anthony Martinez & Associates/AMA Global Group (“AMA”) is the most advanced Legal Process Outsourcing (“LPO”) company (and probably the only LPO Service Provider) that specializes in real property defense and offensive litigation that offers true back-end office support services to attorneys. AMA does advanced legal research, drafts advanced pleadings and trains attorneys in specific litigation tactics and strategies relative to real property litigation.
“I’ve seen these quiet title seminars and the information they offer first hand. Their quiet title approach is based on the hope of a default. So what happens when the opposition fights back, claims your action is frivolous and moves for attorney fees?
Securitization Guru Justin Ford Partners with Discovery Expert Anthony Martinez and Becomes e-Logic Group’s COO for Advanced Securitization Audit Analysis Services
Miami, Florida (PRWEB) August 21, 2012
As companies continue to offer worthless securitization reports to consumers, e-Logic continues to grow as one of the most dominating and leading providers of an advanced securitization style analysis unmatched by any securitization audit provider. To enhance e-Logic’s position in the market, the company has announced its newest addition, Justin Ford, as its Chief Operating Officer. “Justin not only brings advanced research and knowledgebase to the team, he also brings a refreshing level of enthusiasm, focus and resolve to our entire vision,” says Anthony Martinez, e-Logic’s CEO.
“I’m excited at the opportunity to help enhance the service level e-Logic brings to its client base,” says Mr. Ford. e-Logic is one of the only service providers to create the kind of hybrid securitization analysis reports that attorneys can actually use.” As it stands, a number of companies in the market offer training in securitization research using tools like the Bloomberg Terminal. These “allegedly” trained companies in turn provide reports that while maybe informative, can rarely be used in court because neither the report nor the affidavit accompanying it can pass the required expert witness muster.
“The industry is saturated with bad and useless information. What e-Logic brings to the table is something very different. The Securitization, Discovery Strategies & Tactics Analysis Report(SDST Analysis Report) is exactly what it sounds like. It does more than just identify the securitization chain, it takes that information and incorporates it into a litigation analysis for the attorney reading the report and enables the attorney to understand not only the different methods to approach the case but the pitfalls they may run into,” says Mr. Ford.
This effort is lead by one of the leading complex litigation discovery experts in the litigation market today – Anthony Martinez, e-Logic’s Chief Executive Officer who brings over 16 years of real hands on experience. “Time is money. Attorneys don’t have time to waste on useless resources and they’re not happy to bill their clients for things they cannot use. It not only makes them look bad but it discourages someone in need of legal counsel to defend or prosecute a real property matter. Real property litigation is serious. These attorneys are going up against a trillion dollar machine with only a few thousand dollars. Some may call it stupid – we call it guts! You better believe every dollar needs to be well spent so it’s imperative we provide the sharpest sword – a cutting edge product that gets them to the table to play” says Mr. Martinez.
In today’s market people need to understand there’s much more needed to prevail than just Bloomberg certification and a terminal account. You have to have the prerequisites to qualified as an expert in the courtroom with a judge thats already prejudiced against the homeowner and counsel. According to Mr. Martinez, “You have to be fluent and prepared to justify how a $ 250,000 loan was aggregated into 1.2 billion for ABC Trust 2007-AE1, show how the aggregated amount was converted into a security bond/certificate and distributed over 35 classes (fractionalized). Then you better be prepared to show how of the 35 classes, YOUR subject loan was found in 18 of the classes (fractionalized) and of the 35 classes 28 have been paid off in full leaving 7 with an aggregated value of 1.7 million. You then need to explain how of the 18 YOUR loan was found in, 15 of those classes are part of the 28 paid in full and of the 3 classes where YOUR loan is still fractionalized, the aggregated amount is $ 275,000. That’s just a speck of the kind of valuable and useful information attorneys need in their analysis which gives good cause for an accounting, something attorneys have difficulty obtaining through a normal discovery request.”
About e-Logic Group, Inc. – e-Logic is one of the most advanced e-Discovery Providers in the industry today that uses state of the art technology that incorporates intelligent algorithms and analytics to automate information processing. e-Logic is now a provider of high end Advanced Securitization Audit and Forensic Audit Analysis Reports for attorneys engaged in loan level litigation involving fraud.
About Anthony Martinez- Mr. Martinez is a top Discovery Expert, Consultant and Strategist in the industry today with over 16 years of experience in complex litigation discovery and e-discovery matters. A veteran of the gulf war, Mr. Martinez is currently the President and CEO of e-Logic Group, Inc., Executive Director of Anthony Martinez & Associates, a leading LPO Service Provider and is the Author of Discovery Tactics, a leading Weblog that discusses real property litigation matters, case law and other topics.
About Justin Ford – Mr. Ford is a seasoned securitization specialist and former Principal of Automated Expeditors of America in Detroit, MI – a leading provider of advanced securitization research and audit reports. Mr. Ford has an extensive background in client relationship building, marketing and corporate branding.