CA ATTORNEY MCLE 6 HRS Mortgage Securitization In Litigation.

CLE Credited Course

6 Credits for CA Licensed Attorneys September 10th, 2011 From 9:00 a.m. until 5:00 p.m.
SPONSORED BY: CERTIFIED FORENSIC LOAN AUDITORS, LLC

13101 West Washington Blvd., Suite 140 Los Angeles, CA 90066; Phone: 310-432-6304 Facsimile: 310-432-6303 www.certifiedforensicloanauditors.com info@certifiedforensicloanauditors.com The Nations Leading Experts on Mortgage Securitization Research & Training.

http://www.certifiedforensicloanauditors.com/2.6_seminars.html REGISTER ONLINE ONLY [see link below] http://mortgage-securitization-seminar7-losangeles9-10-11.eventbrite.com/

NON ATTORNEYS ARE ALSO WELCOME TO ATTEND!! SEMINAR LOCATION Sheraton Los Angeles Downtown Hotel 711 South Hope Street Los Angeles, CA 90017 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 Attorneys 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 LYONS OREILLY, Esq. Admitted to the State Bar of California in 1990. Certified as a Mortgage Securitization Auditor through the CFLA class in 2011. Practice Area(s): Administrative Law, Appellate Practice, Business Law, Contracts, Corporate Law, Criminal Law, Litigation, Personal Injury, Real Estate, Trusts & Estates, Wills & Probate, White Collar Crime DAMION W. EMHOLTZ, CFLA, MSA General Member/ National Accounts Manager Damion is widely recognized as one of the industry leading experts in Mortgage Securitization. Damions background as a mortgage professional began in 2002 with Trans First, in Denver Colorado. Having attending multiple MSA and CFLA certification courses and with more than $1 Million dollars in sales volume on National Accounts in 2011, Damion is the General Member at the Los Angeles office.

Mortgage Securitization In Litigation

Agenda 09/10/2011 7:30-8:00: Registration 8:00-8:15: Introduction Damion 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 Damion

TABLE OF CONTENTS I. Pre-Litigation a. Loan Originators b. Experts Forensic/Securitization Audit Litigation a. Securitization b. Bloomberg Level Three Audit c. Defendants d. Fraud e. Waiver f. Intentional Infliction of Emotional Distress Non-Judicial Foreclosure (CA) a. Notice of Default b. Notice of Trustee Sale c. Trustee Sale Date Litigation Ownership/Title CA Litigation Possession/Unlawful Detainer CA Protecting Tenants At Foreclosure Act Ethics Fee Agreement Bankruptcy/Credit Repair

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IV. V. VI. VII. VIII. IX.

SYLLABUS I. Pre-Litigation 1. Loan Originators i. See Redacted Hybrid Audit 2. Securitization Audit Experts i. See Redacted Hybrid Audit Litigation a. Securitization i. Mortgage Backed Bonds bonds are not created equal ii. Table Funding illegal for a bank to NOT use its own money iii. Originator bank that originated the loan iv. Sponsor/Seller middle bank bought note from originator and sold it to depositor to package in the trust most missed the closing date v. Depositor bank that sold the Note to the investor vi. Lack of Standing 1. Injury each time the note was illegal sold the equity in the home significantly decreased 2. MERS Mortgage Electronic Registry a. Every mortgage is supposed to registered on this system b. Intended during the 1990s to cut recording costs/fees for the banking industry; also helped hide chain of title from the public c. 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. vii. 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. ODell 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 b. Bloomberg Level Three Audit See Redacted Bloomberg Audit i. 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 ii. Shows the note has been paid off answer to tender rule
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c. Defendants Originator, Servicer, Trustee of Securitized Trust; Foreclosure Trustee (if applicable) and MERS (if applicable) III. . Fraud Violations of Business & Professions Code 17200 Unfair and Deceptive Acts and Practices (UDAP) [Fraudulently Procured Documents]; . Robosigners individuals who signed on behalf of companies they dont 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. i. Substitution of Trustees, Corporate Assignments, and Assignments are red flags for transfer problems a. Violation of UDAP [Fairness Doctrine] Waiver 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 Intentional Infliction of Emotional Distress Outrageous Behavior a. Injury Non-Judicial Foreclosure (CA) Notice of Default Bank is giving the Homeowner notice that according to the Bank HO owes the bank and hasnt paid a. 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 b. Trustee Sale Date date the bank sales the house c. California Civil Procedure 2932.5 Litigation Ownership/Title CA Complaint See Redacted Markham Complaint . Upon belief - Plaintiffs allege i. Summons; Civil Case Cover Sheet; Attachments; Complaint; Complaint Signature Page; Exhibits ii. Filing/Serving Defendants Jurisdiction Specific a. Temporary Restraining Orders/Preliminary Injunctions . Bonds b. 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 c. Answer . 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 i. Three choices: Admit, Deny, Demur (motion to dismiss in federal court) d. Demur Hearing e. Case Management Conference CMC . Case Management Conference Statement f. Trial Set 6 months out from g. Discovery
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Form Interrogatories i. Special Interrogatories ii. Request for Documents iii. Depositions h. Trial 4 to 5 Days i. Tender Rule Litigation Possession/Unlawful Detainer CA Temporary Restraining Order temporary stop to the sell of the house a. Preliminary Injunction permanent restraint from selling the house the entire duration of the litigation b. Unlawful detainer action . Complaint 0. Three elements: proper notice; still in possession; plaintiff has right to possess i. Answer 5 days for homeowner; 10 days for renter ii. Motion to consolidate with matter involving Title iii. If judgment entered motion to stay judgment until after Title matter decided irreparable harm (for actually homeowner residing on premises) iv. Not granted must appeal BC by law MUST be granted Protecting Tenants At Foreclosure Act Include Act i. Research Synopsis Date Last Updated 0. Plain Language 1. Legislatures Intent 2. Pending Litigation . THIS FIRMS CASES Answers based on PTFA in pleadings 3. Ethics . Conflict of Interest Representation of Homeowner/Renter ii. Fwd Email from Norberto Emergency Statute iii. Lease can be purchased through third party company iv. Federal Emergency Statute Federal Question Federal Jurisdiction Ethics Federal Trade Commission For Consumers . Mortgage Assistance Relief Scams: Another Potential Stress for Homeowners in Distress a. Spring 2009 California State Bar Association Ethics Hotliner b. CA Senate Bill 94 Foreclosure Consultants c. No Fee Splitting; No Unauthorized Practice of Law Non-lawyers; Client Communications Fee Agreement Monthly Flat-Fee; Contingency; Reasonable/Conscionable; Disclosure: No Guarantee Bankruptcy/Credit Repair

TESTIMONIALS FROM OTHER CFLA EVENTS This course was the missing link in putting together all the knowledge Ive already been accumulating, but was not able to assimilate into a prosecutable document for submission which an attorney can use in litigation. Thanks! Warren D. Goldstein This is a course that every American citizen can use to fight back against Wall Street and the banks to keep or receive compensation for the mortgage fraud committed on 85% of loan originated between 2001-2008. Liz and Art are a God send! Brandon Coleman Personally, the course is an enhancement because Im already particular with about 95% of it. Although, I notice there are beginners in the class and I highly recommend the course and its instructors combined because I saw and noticed how these beginners were able to comprehend and able to finish their homework and finals on the 3rd day. The other 25% of the course was my core information to enhance my knowledge and the course & instructors made me achieve what I expected to learn. Thanks! Eddie Peregrino Excellent information! The tracking of assignments, very thorough. Instructors knowledge of these securitization processes are very strong. CFLAs commitment is very strong to students and to excellence. Carl L. Williams Although I have prior experience of 20 years of Mortgage Banking and Real Estate, this class has given me a comprehensive edge over the average attorney and ultimate foreclosure defense! Thank you for taking me to the top. Kartika Kelley I really enjoy the class. I met a lot of professionals and made strong connections. I feel fortunate to come across this class, from my classmate. I would recommend this class to anyone moving forward. Wook Chung This was an amazing seminar that gave me the knowledge to help Homeowners to fight for their Rights against greedy bankers and mortgage companies. Saul Golan Had a great time with the class and instructors, class was informative and I would recommend it to anyone who wants to learn more about Mortgage Securitization Ellen Russell