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8/6/2019 MLA Presentation April2011
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8/6/2019 MLA Presentation April2011
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On November 10th, 2010, Mass Litigation Advisors, announced the
expansion of our services to now include 6 New Mass JoinderLitigation Cases
The springboard for these cases has been the extensive work and case
precedence established via theRonald et al v. Bank of America case.
Millions of American homeowners today work hard to sustain the
demands of paying their mortgages. What they do not know--because
lenders are running fast to sweep the facts under the rugis that
millions of these loans have shown evidence of fraud.
You cannot turn on the television or open a newspaper without hearing
or seeing some story regarding "MERS, "robo-signing" or how banks
are foreclosing on American homeowners without the proper procedures
being followed. These lenders will imply that this is simply a
technicality in the paperwork.
Many courts across America, multiple state Attorneys General, and
millions of struggling homeowners adamantly disagree.
YOU truly have legal cause against your lender and with MLA you
can join thousands of Americans who are fighting back!!!!
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Mr. Kramer's practice emphasizes commercial litigation and trial advocacy, with
a concentration on franchise law, banking litigation, and real property matters. He
has tried in excess of200 cases and has appeared on nationally televised
programs regarding pre-trial procedure and trial strategy and has appeared as a
guest lecturer on topics ranging from constitutional law to trial practice. Mr.
Kramer is a past president of the Los Angeles West Inns of Court, a national
organization dedicated to bringing back professionalism and civility into the legal
profession.
He is also a supporting member of the American Association of Franchisees &
Dealers, an organization dedicated to promoting fairness in franchising. Mr.
Kramer chairs the American Association of Franchisees and Dealers' Speakersand Experts Panel.
Mr. Kramer is also a member of the American Bar Association Forum on
Franchising and serves as general counsel to the Hispanic Franchise Foundation,
a national not-for-profit foundation dedicated to empowering Hispanic franchise
business. Mr. Kramer received a Juris Doctorate from the Catholic University of
America and a Bachelors' of Arts from The Ohio State University.
Education:
Juris Doctorate - Catholic University of America
Bachelors of Arts Ohio State University
Areas of Practice:
Real Estate Law and Litigation
Franchise Law
Bankruptcy
Entertainment Law
Estate Planning
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This case was filed and then transferredby court order to the Los Angeles
complex litigation department Case #
BC409444. Currently there are close to
1,100 clients (growing daily) represented
in this case. The following updates to
the case occurred as recently as theOctober 19th 2010 via the "Plaintiffs
Status Report".
Claims include:
Malfeasance
Statutory Violations 3rd Party Beneficiary Claims
Phantom Investors and Beneficiaries
Unfair Business Practices
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Wagner v. Citibank
Case Filed: 30 December, 2010.
Case Number: BC 452 265
Presiding Judge : Hon. Mel Red Recana
Los Angeles Superior Court, Department 45
Marquette v. One West
Case Filed: 30 December 2010
Case Number: BC 452 266
Presiding Judge: Hon. Michael Stern
Los Angeles Superior Court, Department 62
Nelson v. Wells FargoCase Filed: 30 December 2010
Case Number: BC 452 264
Presiding Judge: Hon. Ernest M. Hiroshige
Los Angeles Superior Court, Department 54
Locker v. Ally Summons
Case Filed: 30 December
Case Number: BC 452 263
Presiding Judge: Hon. Rex HeesemanLos Angeles Superior Court, Department 19
Carlson v. JP Morgan
Case Filed: 30 December, 2010
Case Number: BC 452 262
Presiding Judge: Hon. Yvette M. Palazuelos
Los Angeles Superior Court, Department 28
First Amended Complaints adding all current client retainers were updated in
January.
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Over 62 million mortgages are now held in the name ofMERS, an electronic recording system
devised by and for the convenience of the mortgage industry. A California bankruptcy court,following landmark cases in other jurisdictions, recently held that this electronic shortcut makes it
impossible for banks to establish their ownership of property titlesand therefore to foreclose on
mortgaged properties. The logical result could be 62 million homes that are foreclosure-proof.
Mortgages bundled into securities were a favorite investment of speculators at the height of the
financial bubble leading up to the crash of 2008. The securities changed hands frequently, and the
companies profiting from mortgage payments were often not the same parties that negotiated the
loans. At the heart of this disconnect was the Mortgage Electronic Registration System, or
MERS, a company that serves as the mortgagee of record for lenders, allowing properties to change
hands without the necessity of recording each transfer.
MERS was convenient for the mortgage industry, but courts are now questioning the impact of all
of this financial juggling when it comes to mortgage ownership. To foreclose on real property, the
plaintiff must be able to establish the chain of title entitling it to relief. But MERS has
acknowledged, and recent cases have held, that MERS is a mere nomineean entity appointedby the true owner simply for the purpose of holding property in order to facilitate transactions.
Recent court opinions stress that this defect is not just a procedural but is a substantive failure, one
that is fatal to the plaintiffs legal ability to foreclose.
That means hordes of victims of predatory lending could end up owning their homes free and
clearwhile the financial industry could end up skewered on its own sword.
MERS
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When Wall Street banks securitized, packaged, sold, and resold our mortgages, they
created a system where it is often impossible to figure out who actually owns mortgage
notes and therefore has the authority to foreclose on properties. But the big banks are
getting tangled up in their own web. Recent events have exposed a handful of banks
that are throwing families out of their homes even though they dont have the mortgage
note that proves they actually have a legal right to do so. There have been instances of
two banks trying to foreclose on the same home, and in at least one case, of a bank
trying to foreclose on a house where the homeowner had never even taken out amortgage with anyone in the first place.
PROOF OF NOTE SECURITY
PROOF OF NOTE SECURITY (PATRIOT ACT VIOLATIONS)
Not only do banks have to prove the documentation of the original note they must
show proof of the actual funding on each specific note transaction. Banks have
attempted in court to provide evidence of a securitization pool as proof of funds but
courts have ruled this as inadequate evidence. The two major challenges this causes is:
The sheer impossibility of banks being able to unwind mortgage pools down to
individual investors tied to individual property
Banks unwillingness to disclose the participating entities within the investment
pools.
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Potential Case OutcomesMLA cannot and will not provide a guarantee of any
specific outcome. Litigation is a calculated decision
based on various case and legal precedence. MLA feels
the preceding cases carry extreme merit that may carry thefollowing potential outcomes:
Pre Trial Settlement
Amnesty Program
Full Lien Strip
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As each client joins the mass joinder action the lender will receive a pre-trial
settlement offer per the following terms. (note we are not negotiating; we are
using legal document demands on Form 998)
Principal loan balance reduced to 80% of current market value.
Interest rate reduced to 2% fixed for life of loan.
PRE-TRIAL SETTLEMENT
AMNESTY PROGRAMCounsel will be working with legislation to create an potential amnestyprogram. The results will likely be a universal modification approach. If
successful, this process will indemnify the lending institutions from multi
trillion dollar litigation while providing homeowners universal term
reductions. Counsel anticipates our clients "having a seat at the table" will be
offered increased settlement options.FULL LIEN STRIPThis is the desired and intentional outcome of each of the 6 Mass Joinder law
suits.
Counsel has stated they are seeking a complete dismissal of the lien.
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Litigation of this size is a very complex and time consuming process. The
following is a VERY brief outline of the litigation process:
Attorney Retainer Agreement Executed
Copy of the Deed of Trust & Copy of Note submitted with file
998 Offer and Compromise (30 day wait)
Seek foreclosure injunction / moratorium
Plaintiff update from counsel every 30 days
Settlement Offer
Case Resolution
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Related News Articles Related Video Links
Homeowners Say Loan Mods Lead Them to Foreclosure -
Sign On San Diego
The Human Face of Robo-Signing Realty In Fusion
Courts Helping Banks Screw Over Homeowners - Rolling
Stone Magazine
GMAC Foreclosure Case May Set Anti-Bank Precedent
Business Week
Some judges chastise banks over foreclosure paperworkWashington Post
Fight over who has legal right to foreclose makes mess worse
- USA Today
Mortgage Mess: Shredding the DreamBusiness Week
Foreclosure Mess; More Shoes to Drop?Money Talks
News
Tired Robo-Signers Let Other People Sign Their Names
Money Talks News
Big Problems for Banks: Due ProcessNew York Times
Landmark Decision Promises Massive Relief For
Homeowners And Trouble For BanksWeb Of Debt.com
The Newest Foreclosure Mess
Ohio Attorney General Suspects 'Thousands' Of Cases Of
Foreclosure Fraud
Faulty Paperwork Prompts Deepening Foreclosure Problem
PBS News
MERS "Foreclosure Proof" Homes - Fox News Insider
Lenders Must Now 'Produce The Note' - CNN Foreclosure
News
Banks Foreclose On Homes That They Don't Own
Produce The Note - Good Morning America
Fight Foreclosure - Demand The Banks Produce The Note!
http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.youtube.com/watch?v=lBTTJL71UZYhttp://www.youtube.com/watch?v=gQdhYKfVzAY&feature=relatedhttp://www.youtube.com/watch?v=gQdhYKfVzAY&feature=relatedhttp://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://hhttp//www.youtube.com/watch?v=8aoG8AbyXWshttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=wIbgAEUG4DM&feature=relatedhttp://www.youtube.com/watch?v=fx7YkiH79nwhttp://www.youtube.com/watch?v=ZG8E5YQtPSohttp://www.youtube.com/watch?v=ZG8E5YQtPSohttp://www.youtube.com/watch?v=ZG8E5YQtPSohttp://www.youtube.com/watch?v=ZG8E5YQtPSohttp://www.youtube.com/watch?v=ZG8E5YQtPSohttp://www.youtube.com/watch?v=fx7YkiH79nwhttp://www.youtube.com/watch?v=fx7YkiH79nwhttp://www.youtube.com/watch?v=fx7YkiH79nwhttp://www.youtube.com/watch?v=fx7YkiH79nwhttp://www.youtube.com/watch?v=wIbgAEUG4DM&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://www.youtube.com/watch?v=pnE7HazKbnk&feature=relatedhttp://hhttp//www.youtube.com/watch?v=8aoG8AbyXWshttp://hhttp//www.youtube.com/watch?v=8aoG8AbyXWshttp://hhttp//www.youtube.com/watch?v=8aoG8AbyXWshttp://hhttp//www.youtube.com/watch?v=8aoG8AbyXWshttp://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://faulty%20paperwork%20prompts%20deepening%20foreclosure%20problem/http://www.youtube.com/watch?v=gQdhYKfVzAY&feature=relatedhttp://www.youtube.com/watch?v=gQdhYKfVzAY&feature=relatedhttp://www.youtube.com/watch?v=lBTTJL71UZYhttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.webofdebt.com/articles/mers.phphttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.nytimes.com/2010/10/23/business/23nocera.htmlhttp://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/20/tired-robo-signers-let-other-people-sign-their-names/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.moneytalksnews.com/2010/10/22/foreclosure-mess-more-shoes-to-drop/http://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.businessweek.com/magazine/content/10_44/b4201076208349.htmhttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.usatoday.com/money/economy/housing/2010-10-11-foreclosures11_CV_N.htmhttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html?tid=wp_featuredstorieshttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.businessweek.com/news/2010-11-08/gmac-foreclosure-case-may-set-anti-bank-precedent.htmlhttp://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.rollingstone.com/politics/news/17390/232611http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/http://www.signonsandiego.com/news/2010/nov/07/homeowners-say-loan-mods-led-them-to-foreclosure/8/6/2019 MLA Presentation April2011
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YOUR MLA CLIENT AMBASSADOR
Thank you for taking some time to learn more about your rights
as an American homeowner. Lenders and banks have been given
billions of dollars to help resolve an epidemic housing challenge.
Yet very little of those funds have truly resulted in homeowners
balances reduced and interest rates lowered to provide the much
needed relief these funds were intended to support. Recent case
precedent as well as many news sources point to an even larger
problem that of bank fraud.
NOW IS THE TIME TO FIGHT BACK!!!
If you would like more information regarding how to join the
MLA Mass Joinder Litigation process please contact your MLA
client ambassador.
We look forward to serving you during this challenging time.
Mass Litigation Advisors