Sunday, September 29, 2013

Judges say securitization audits useless (for Richard Kahn)

Richard Kahn:

The opinion in Nebraska USDC's Matulka v M&T Bank shows the uselessness of securitization audits in a foreclosure defense.  Responding to a motion to strike, the judge unceremoniously struck your audit annexed to the complaint, then ordered the foreclosure.  It's all there in black and white. 

http://www.scribd.com/doc/171808087/Matulka-v-M-and-T-Bank-Complaint-Motion-to-Strike-Order-ned-8-12-cv-00237-0

The judged referred the court to these related comments by way of explanation (see page 10 of document 37).


Defendants McCubbin and Kozeny & McCubbin filed a Joint Motion to Strike a “Forensic Lender Discovery Stage One -Trust Identified Loan Securitization Audit Report” prepared for Plaintiff by Forensic Professionals Group USA, Inc. (Filing No. 31 at CM/ECF p. 1; Filing No. 1 at CM/ECF pp. 22-64.) This “report” is attached to Plaintiff’s Complaint and sets forth, among other things, that there was a “fabricated foreclosure transaction.”6 (See, e.g., Filing No. 1 at CM/ECF p. 25.) Defendants McCubbin and Kozeny & McCubbin argue that this “report” presents impertinent and scandalous accusations, and it is immaterial to Plaintiff’s claims. (Filing No. 31.) The court will deny the Motion to Strike as moot in light of its decision to dismiss this matter. In the alternative, the Motion is denied because, while the

Footnote 6 Another court presented with a similar “forensic mortgage analysis” noted the following:

The second document is a “Certified Forensic Loan Audit” prepared by someone named D. Alex-Saunders. Mr./Ms. Alex-Saunders, for whom no contact information is provided, claims, variously, to be a “Senior Auditor: Home and Asset Ombudsman Program, International Environmental Association, 501(c)3,” “Senior ombudsman,” “Certified forensic auditor by National Association of Mortgage Underwriters,” “Associate of Global Association of Risk Professionals,” and the author of “Stop! Illegal Predatory Lending.” The Court is unfamiliar with these organizations (if they exist), but it is quite confident that there is no such thing as a “Certified Forensic Loan Audit” or a “certified forensic auditor.” In any event, the documents make no more sense than anything else in the Debtor’s papers and confirm the empty gimmickery of these types of claims.

In re Norwood, No. 10–84443–PWB, 2010 WL 4642447, at *2 n.2 (Bankr. N.D. Ga. Oct. 25, 2010) (observing that the Federal Trade Commission has issued a “Consumer Alert” regarding “Forensic Mortgage Loan Audit Scams”).
Richard, if you want to provide your clients with something truly useful in defeating foreclosure, call me to learn about the comprehensive mortgage examination that reveals tortious conduct, contract breaches, and legal errors underlying the mortgage.  These causes of action constitute injuries to the mortgagor, and justify compensation to the mortgagor from the lender.  I'll explain all about it FREE.  Just call me at 727 669 5511.

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Bob Hurt         Blog 1 2 3   f  t  
2460 Persian Drive #70
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On 9/25/2013 1:25 AM, Richard Kahn wrote:

Hiya Mr. Hurt. I agree whole heartedly with the vein of your commentary with one exception that I respectfully submit for your consideration. If the mortgage fraud investigator also includes securitization information of material toxicity in a questionable foreclosure transaction and is a bona-fide expert recognized as such in numerous courts, then the act of hiring an expert witness to work on a case is not frivilous. I've been in this business 35+ years. I welcome you to visit my web site. I testify several hours a week and the results are obviously worth the money spent because I continue to enjoy a busy practice, based predominantly in attorney clients. I don't advertise and I only accept cases that I can assess to have significant issues  upon which to make a case. In many regards, the successful outcome is a good long term settlement that works. I welcome you to visit my web site. There are a handful of real experts out there, according to my friend Max Gardner and other attorneys I use. Check my credentials section as well if you please. Also check my O.A.R. where I give tips on spotting scamsters with my "symtoms of trickery".

 

I guess you're referring to what April Charney calls the cottage industry of pretender experts. They are a scourge that negatively affects those of us with verifiable credentials and track records. :)

 

Sincerely,

 

Richard Kahn

FPG-USA

Sr. Qualifying Expert

Business Phone: 786-329-5588

Direct: 305-508-4231 (forwards to cell)

Fax: 305-675-7676

rkahn@fpg-usa.com

Mortgage analysis as a credible part of a legal defense against foreclosure. All Courts, all States.

On the web at: http://www.fpg-usa.com