September 10, 2011 | Los Angeles, CA

Presenter: Patricia Rodriguez, Esq.

Testimonials from Previous Seminars

"Class was very informative; instructors were great! Information is greatly needed if you are facing foreclosure. CFLA was opened the doors for litigating these cases."
Rhonda Arellano

"Very useful knowledge to help homeowners discover new options."
Fuqual Bilal

"I would highly recommend; with the evolution of the law in this area. It is highly important to get continued updates and to be part of a group to bounce ideas with for the good of the whole process."
Ken Rodman

"If you are serious about this business, this is the place to go."
Han Seals

"A must class for someone working on helping homeowners stay in their home."
Hermie Bacus

"Good Class. Would recommend it to anyone involved in banking, real estate, finance or real estate litigation."
Dr. Kenneth Eugene Lehrer

Seminar Speakers

Patricia Rodriguez, Esq.
Law Offices of Patricia Rodriguez

• Member of the State Bar of California
  
• Admitted in Central, Northern and Eastern Federal District Courts of California
  
• Temple University Law School - J.D.
  
• Temple University Law School - Law Program in Japan
  
• University of Southern California (USC) - B.S. in Business

Ms. Rodriguez obtained her Juris Doctor from Temple University. While there, she participated in their National Trial Team and received exceptional advocacy training from one of the best law school programs in the country. Ms. Rodriguez previously worked for the Camden Public Defenders Office, the Philadelphia Public Defenders Office, the Los Angeles District Attorney’s Office and the Los Angeles Public Defenders Office. She currently runs her own boutique law firm in Los Angeles County specializing in Criminal Defense, Foreclosure Defense, and Bankruptcy Law.

Timothy L. O'Reilly, Esq.
Admitted to the State Bar of California in 1990; He is a trial lawyer, litigator, and a former supervising prosecutor with significant experience in both civil and criminal courtrooms. His work has included defending complex criminal matters, prosecuting substantial business and contract disputes, as well as litigating real estate, banking, and securitization cases. He is currently working with Avid Law Center, a real estate, bankruptcy, and mortgage litigation firm in Orange County. He oversees the firm’s foreclosure defense and mortgage securitization litigation practice areas working in the defense of homeowners seeking resolution and debt relief from their mortgage issues. He recently retired from service in the U.S. Army and reserve forces after 25 years with the rank of Lieutenant Colonel. He holds a California Real Estate Broker’s license, MNLS Mortgage Loan Originator endorsement, and is certified as a Mortgage Securitization Auditor by CFLA.

Agenda

7:30-8:00: Registration
8:00-8:15: Introduction
8:15-9:15: Pre-Litigation (Including Experts – CFLA)
9:15-10:15: Litigation
10:15-10:30: Break
10:30-12:00: Non-Judicial Foreclosure
12:00-1:30: Lunch
1:30-2:30: Litigation II
2:30-3:00: Protecting Tenants at Foreclosure Act
3:00-3:30: Ethics/Fee Agreement
3:30-4:00: Bankruptcy/Credit Repair/Debt Settlement
4:00-4:45: Q & A Session
4:45-5:00: Closing Remarks

Table of Contents

1. Pre-Litigation
   1. Loan Originators
   2. Experts – Forensic/Securitization Audit
2. Litigation
   1. Securitization
   2. Bloomberg Level Three Audit
   3. Defendants
   4. Fraud
   5. Waiver
   6. Intentional Infliction of Emotional Distress
3. Non-Judicial Foreclosure (CA)
   1. Notice of Default
   2. Notice of Trustee Sale
   3. Trustee Sale Date
4. Litigation – Ownership/Title – CA
5. Litigation – Possession/Unlawful Detainer – CA
6. Protecting Tenants At Foreclosure Act
7. Ethics
8. Fee Agreement
9. Bankruptcy/Credit Repair

Syllabus

1. Pre-Litigation
   1. Loan Originators
      1. See Redacted Hybrid Audit
   2. Securitization Audit Experts
      1. See Redacted Hybrid Audit
2. Litigation
   1. Securitization
      1. Mortgage Backed Bonds – bonds are not created equal
      2. Table Funding – illegal for a bank to NOT use its own money
      3. Originator – bank that originated the loan
      4. Sponsor/Seller – middle bank bought note from originator and sold it to depositor to package in the trust – most missed the closing date
      5. Depositor – bank that sold the Note to the investor
      6. Lack of Standing
         1. Injury – each time the note was illegal sold the equity in the home significantly decreased
         2. MERS – Mortgage Electronic Registry
            1. Every mortgage is supposed to registered on this system
            2. Intended during the 1990s to cut recording costs/fees for the banking industry; also helped hide chain of title from the public
            3. 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.
      7. 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
   2. Bloomberg Level Three Audit – See Redacted Bloomberg Audit
      1. 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
      2. Shows the note has been paid off – answer to tender rule
   3. Defendants – Originator, Servicer, Trustee of Securitized Trust; Foreclosure Trustee (if applicable) and MERS (if applicable)
3. Fraud
   1. Violations of Business & Professions Code §17200 Unfair and Deceptive Acts and Practices (UDAP) [Fraudulently Procured Documents];
      1. 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.
      2. Substitution of Trustees, Corporate Assignments, and Assignments are red flags for transfer problems
   2. Violation of UDAP [Fairness Doctrine]
4. Waiver
   1. 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
5. Intentional Infliction of Emotional Distress
   1. Outrageous Behavior
   2. Injury
6. Non-Judicial Foreclosure (CA)
   1. Notice of Default – Bank is giving the Homeowner notice that according to the Bank HO owes the bank and hasn’t paid
   2. 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
   3. Trustee Sale Date – date the bank sales the house
   4. California Civil Procedure 2932.5
7. Litigation – Ownership/Title – CA
   1. Complaint – See Redacted Markham Complaint
      1. Upon belief - Plaintiffs allege
      2. Summons; Civil Case Cover Sheet; Attachments; Complaint; Complaint Signature Page; Exhibits
      3. Filing/Serving Defendants – Jurisdiction Specific
   2. Temporary Restraining Orders/Preliminary Injunctions
      1. Bonds
   3. 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
   4. Answer
      1. 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
      2. Three choices: Admit, Deny, Demur (motion to dismiss in federal court)
   5. Demur Hearing
   6. Case Management Conference – CMC
      1. Case Management Conference Statement
   7. Trial Set – 6 months out from
   8. Discovery
      1. Form Interrogatories
      2. Special Interrogatories
      3. Request for Documents
      4. Depositions
   9. Trial – 4 to 5 Days
   10. Tender Rule
8. Litigation – Possession/Unlawful Detainer – CA
   1. Temporary Restraining Order – temporary stop to the sell of the house
   2. Preliminary Injunction – permanent restraint from selling the house the entire duration of the litigation
   3. Unlawful detainer action
      1. Complaint
         1. Three elements: proper notice; still in possession; plaintiff has right to possess
      2. Answer – 5 days for homeowner; 10 days for renter
      3. Motion to consolidate with matter involving Title
      4. If judgment entered – motion to stay judgment until after Title matter decided – irreparable harm (for actually homeowner residing on premises)
      5. Not granted – must appeal BC by law MUST be granted
9. Protecting Tenants At Foreclosure Act
   1. Include Act
   2. Research Synopsis – Date Last Updated
      1. Plain Language
      2. Legislature’s Intent
      3. Pending Litigation
         1. THIS FIRMS CASES – Answers based on PTFA – in pleadings
      4. Ethics
         1. Conflict of Interest – Representation of Homeowner/Renter
   3. Fwd Email from Norberto – Emergency Statute
   4. Lease can be purchased through third party company
   5. Federal Emergency Statute – Federal Question – Federal Jurisdiction
10. Ethics
    1. Federal Trade Commission For Consumers
       1. Mortgage Assistance Relief Scams: Another Potential Stress for Homeowners in Distress
    2. Spring 2009 California State Bar Association Ethics Hotliner
    3. CA Senate Bill 94 – Foreclosure Consultants
    4. No Fee Splitting; No Unauthorized Practice of Law – Non-lawyers; Client Communications
11. Fee Agreement
    1. Monthly Flat-Fee; Contingency; Reasonable/Conscionable; Disclosure: No Guarantee
12. Bankruptcy/Credit Repair

Contact us or view our Sample Documents & Audits by completing the form below.

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd., Suite 140
Los Angeles, CA 90066

Phone: 310-432-6304
Toll Free: 1-888-758-CFLA (2352)
info@CertifiedForensicLoanAuditors.com