Reverse Engineering Wall Street
COVID-19 Global Dashboard
By Daniel Edstrom
DTC Systems, Inc.
March 10, 2020
Johns Hopkins University has created a global dashboard monitoring the status of the Coronavirus 2019 (COVID-19) from over 100 countries around the world. You can see a link to this dashboard from here: http://lab27b.net/covid-19
Wells Fargo Bank, N.A. Accused of Control Fraud through Stumpf and Other Corporate Insiders
By Daniel Edstrom
DTC Systems, Inc.
October 19, 2016
The purpose of Sarbanes-Oxley legislation is to put in place financial controls in order to not only reduce fraud, but to identify risks so that the controls can be expanded or new controls put in place. Large companies such as Wells Fargo Bank have compliance departments and ethics lines where questionable conduct (unlawful or not) can be reported “safely” in order for the company to take action to stop and/or remediate the questionable conduct. This is done so that a business operates safely and soundly, and is the perfect source for implementing new controls, enhancing existing controls, testing the effectiveness of the controls, or at least disclosing material deficiencies that can be identified and corrected at a later date. Continue reading “Wells Fargo Bank, N.A. Accused of Control Fraud through Stumpf and Other Corporate Insiders”
Glaski vs Bank of America NA et al – FOR PUBLICATION
By Daniel Edstrom
DTC Systems, Inc.
On August 8, 2013 the Fifth Appellate District in the Court of Appeal of the State of California ordered the Thomas A. Glaski vs Bank of America, NA et al decision published, stating:
As the nonpublished opinion filed on July 31, 2013, in the above entitled matter hereby meets the standards for publication specified in the California Rules of Court, rule 8.1105(c), it is ordered that the opinion be certified for publication in the Official Reports.
Based on the importance of this case, the text of the July 31, 2013 ruling is listed verbatim:
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THOMAS A. GLASKI,Plaintiff and Appellant,v.
BANK OF AMERICA, NATIONAL ASSOCIATION et al. Defendants and Respondents. |
F064556 (Super. Ct. No. 09CECG03601) OPINION |
APPEAL from a judgment of the Superior Court of Fresno County. Alan M. Simpson, Judge.
Law Offices of Richard L. Antognini and Richard L. Antognini; Law Offices of Catarina M. Benitez and Catarina M. Benitez, for Plaintiff and Appellant.
AlvaradoSmith, Theodore E. Bacon, and Mikel A. Glavinovich, for Defendants and Respondents.
-ooOoo-
INTRODUCTION
Before Washington Mutual Bank, FA (WaMu) was seized by federal banking regulators in 2008, it made many residential real estate loans and used those loans as collateral for mortgage-backed securities.[1] Many of the loans went into default, which led to nonjudicial foreclosure proceedings. Some of the foreclosures generated lawsuits, which raised a wide variety of claims. The allegations that the instant case shares with some of the other lawsuits are that (1) documents related to the foreclosure contained forged signatures of Deborah Brignac and (2) the foreclosing entity was not the true owner of the loan because its chain of ownership had been broken by a defective transfer of the loan to the securitized trust established for the mortgage-backed securities. Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.
In this appeal, the borrower contends the trial court erred by sustaining defendants’ demurrer as to all of his causes of action attacking the nonjudicial foreclosure. We conclude that, although the borrower’s allegations are somewhat confusing and may contain contradictions, he nonetheless has stated a wrongful foreclosure claim under the lenient standards applied to demurrers. We conclude that a borrower may challenge the securitized trust’s chain of ownership by alleging the attempts to transfer the deed of trust to the securitized trust (which was formed under New York law) occurred after the trust’s closing date. Transfers that violate the terms of the trust instrument are void under New York trust law, and borrowers have standing to challenge void assignments of their loans even though they are not a party to, or a third party beneficiary of, the assignment agreement.
We therefore reverse the judgment of dismissal and remand for further proceedings.
Continue reading “Glaski vs Bank of America NA et al – FOR PUBLICATION”
Perils of Pooling: OneWest
By Daniel Edstrom
DTC Systems, Inc.
The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/07/31/perils-of-pooling-onewest/
Apparently my article yesterday hit a nerve. NO I wasn’t saying that the only problems were with BofA and Chase. OneWest is another example. Keep in mind that the sole source of information to regulators and the courts are the ONLY people who understand mergers and acquisitions. So it is a little like one of those TV shows where the only way they can get an arrest and conviction is for the perpetrator or suspect to confess. In this case, they “confess” all kinds of things to gain credibility and then lead the agencies and judicial system down a rabbit hole which is now a well trodden path. So many people have gone down that hole that most people that is the way to get to the truth. It isn’t. It is part of a carefully constructed series of complex conflicting lies designed carefully by some very smart lawyers who understand not just the law but the way the law works. The latter is how they are getting away with it.
Perils of Pooling
By Daniel Edstrom
DTC Systems, Inc.
The following article was posted by Neil F. Garfield of livinglies.wordpress.com and comes from the following URL: http://livinglies.wordpress.com/2013/07/30/perils-of-pooling/
We hold these truths to be self evident: that Chase never acquired any loans from Washington Mutual and that Bank of America never acquired any loans from Countrywide. A review of the merger documents approved by the FDIC reveals that neither Chase nor Bank of America wanted to assume any liabilities in connection with the lending operations of Washington Mutual or Countrywide, respectively. The loans were expressly left out of the agreement which is available for everyone to see on the FDIC website in the reading room.
All Assignments of a Mortgage Must Be Recorded Before the Mortgagee Begins Foreclosure by Advertisement
By Daniel Edstrom
DTC Systems, Inc.
The Minnesota Supreme Court issued a ruling requiring strict compliance with recording assignments prior to starting a foreclosure by advertisement.
Quote from the ruling:
Under Minn. Stat. § 580.02 (2012), all assignments of a mortgage must be recorded before the mortgagee begins the process of foreclosure by advertisement. Absent strict compliance with this requirement, a foreclosure by advertisement is void.
Affirmed.
Download the ruling here: http://dtc-systems.net/wp-content/uploads/2013/06/Ruiz-vs-1st-Fidelity-Foreclosure-by-Advertisement-must-have-strict-compliance.pdf
Will the Niday & Brandrup Rulings Change How Foreclosures Are Conducted In Oregon? Not Likely!
By Daniel Edstrom
DTC Systems, Inc.
This blog post was posted to the Querin Law LLC website (www.q-law.com). Click the link below to read the post.
Posted on June 23, 2013 by Phil Querin
Posted in Foreclosure, Litigation, Miscellany, News You Can Use, Real Estate/Distressed, Realtor Risk Management, Residential Housing | Tagged Banks, Foreclosure, MERS, Real Estate
Occupy Leader Bratton Held on $250,000 Bail
By Neil F. Garfield
Livinglies.wordpress.com
In my judgment, based upon the scant facts and documents supplied to me this far, there is no doubt that Bratton DID own the property and probably still does if the law is applied properly.
I know of cases where probable cause was found for Murder and the bail was set less than that. The calls and emails keep coming in and I can’t say that I have a total picture of what was really going on here. But, based upon what I have the current story is this:
Bratton is one of the leaders in the Occupy movement. It may be true that the Occupy movement has been put on a watch list or even the terrorist list which might account for the high bail. I have not been able to confirm that. But it seems that some inference of that sort was used in getting bail set at a quarter of a million dollars. If so, the government is confusing (intentionally or otherwise) the Occupy movement which is a political movement within the system allowed and encouraged by the U.S. Government — with the sovereign citizen movement for which I have taken a lot of heat.
Continue reading “Occupy Leader Bratton Held on $250,000 Bail”
Modern Day Rosa Parks Jailed as Domestic Terrorist: God-Fearing Woman Exposes Foreclosure Fraud
By Daniel Edstrom
DTC Systems, Inc.
From Charles Koppa
Modern Day Rosa Parks Jailed As Domestic Terrorist:
God-Fearing Woman Exposes Foreclosure Fraud
Who: Family and Friends of Barbara Bratton, Homeowners’ Rights Advocate
What: Pre-Preliminary Conference (Court Hearing)
When: Monday, June 24, 2014, 8:30 a.m.
Where: Dept. S22, San Bernardino Superior Court
351 N. Arrowhead, San Bernardino, CA. 92415 Map
Ignoring well-documented cases of fraud and abuse that continue to plague the home mortgage industry, the City of Ontario Police Department has instead set its sights on Barbara Bratton, 55, jailed as a domestic terrorist for challenging the validity of property records used to foreclose on her loan. A pre-preliminary conference is set for Monday, June 24 at 8:30am in San Bernardino Superior Court, 351 N. Arrowhead, San Bernardino, CA 92415. Homeowners’ rights advocates will be on hand to show support.
Background:
Barbara Bratton, a life-long resident of Ontario, California and an outstanding community member, was the victim of an illegal foreclosure on her family home of 40 years. Since 2008 she has conducted a tireless and well-documented campaign to expose the land title fraud on her home. An important piece in this complex case came last year, when a Lending Processing Services (LPS) executive pled guilty to filing more than a million fraudulent property documents in county recorder’s offices across the country. The fraud on the Bratton home was linked to the suit. Yet the LPS scheme masked a more insidious crime: the securitization of nearly all home loans since 1996, making it impossible to determine who, if anyone, actually owns the note on a home.
No Loan Default – Understanding Monthly Certificateholder Statements/MBS Investor Reporting
By Daniel Edstrom
DTC Systems, Inc.
Every month public and private securitized trusts provide statements reporting aggregate financial information to investors, ratings agencies, consultants, and any other interested party. These statements provide financial accounting information for the MBS pool including each tranche and in many cases details down to the loan level.
While these statements vary among the different transaction parties, there are many similarities. Typically these statements are issued by entities such as Wells Fargo Bank, Deutsche Bank, The Bank of New York Mellon, OneWest Bank, and many others.
The first page usually names the deal and the contact information for the party providing the statement, as well as various deal dates (Cut-Off Date, Close Date, First Distribution Date, etc.). In this case the External Parties are listed as follows:
Before we get into Servicer advances of principal and interest we will look at the class tranches, payments of principal and interest on the certificates, and the allocation of realized losses.