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1 oin er i i a i o n i e u i BIAS our an ~4"
2 SERVICE OFFERINGS WWW, ee s n u r ar n e... On November 10'", 2010, K2 Law, and Mitchell J. Stein & Associates announced the expansion of legal services to include: 6 Mass Joinder litigation cases against prominent mortgage banks for violations in their lending practices.
3 MASS JOINDER LITIGATION WWW, ee s n U r O me... UslnourHome.com K-2.html Mass joinder (MJ) litigation differs from a class action (CA) MJ Every plaintiff is a named participant. CA Plaintiffs are not identified as individuals. MJ Causes of action are specific to each participants losses and damages. CA Individual causes of action are not identified. MJ Client can accept, reject or negotiate settlement terms as offered. CA Client has no say in settlement. MJ Awards are based on the merits of each case, are specific to each case and are awarded to named individuals. CA Awards are lump sum cash and are divided among the 'John Does et al' Attorneys collect awards and distribute.
4 Springboard Case Ronald et al v. Bank of America WWW, ee s n u r ar n e... Bankof America This mass joinder case was filed, then transferred to the Los Angeles Complex Litigation Department Case ¹ BC Currently there are more than 1,100 named plaintiffs (growing daily) represented in this case. The following claims updates to the case occurred as recently as the October 19'" 2010 via the "Plaintiffs 9 Countrywide Status Report" include: Home Loan Malfeasance from Bankof America ~~ /~ Statutory Violations 3rd Party Beneficiary Claims Phantom Investors and Beneficiaries Unfair Business Practices
5 WWW, SERVICE OFFERINGS ee s n U r O me... The basis for mass joinder cases is the extensive work and case precedence already started and established in the Ronald et all v. Bank of America mass joinder suit. Suit against these additional banks will be filed over the coming days. Clients are invited to participate if any of these banks are holding or servicing their mortgages. W ACH O V I A +IMP OneWest Bank Indymac Bank GMAt:
6 WWW, Litigation Summary ee s n U r O me... LAW Case Criteria The following criteria summarizes the current mass joinder litigation approach taken by K2 Law, the Law Firm of Kramer &. Kaslow and Stein &. Associates. These issues are fundamental in the construction and substantiation of legitimate claims against the nation's largest lenders. Much of this information has been supported throughout the Ronald et al v. Bank of America case. Many similar claims and investigations have begun throughout the country by private firms as well as a joint task force effort by the majority of State Attorney Genera Is.
7 WWW, Litigation Basis ee s n U r O me... UslnourHome.com K-2.html MERS (Mortgage Electronic Registration System) Over 62 million mortgages are now held in the name of MERS, 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 the ownership of property titles and therefore legally unable to foreclose on mortgaged properties. The logical result of this litigation could be 62 million homes that become foreclosure-proof.
8 Litigation Basis WWW, ee s n u r a r ne... LAW MERS Mortgages bundled into securities were a favorite investment of speculators at the height of the financial bubble leading up to the crash of These 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 necessit of recordin each transfer.
9 WWW, Litigation Basis ee s n U r O me... MERS was convenient for the mortgage industry, but courts are 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 'nominee' an entity appointed by 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 plaintiff's 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.
10 WWW, Litigation Basis ee s n U r O me... Proof of Note Securit MISSING! When Wall Street banks securitized, packaged, sold, and resold our mortgages, they created a system where its impossible to figure out who actually owns the mortgage and therefore who 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 don't 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 a mortgage with anyone in the first place.
11 {760} Potentia Case Outcomes Like K2 Law and the Loss Mitigation process; Counsel cannot and will not provide a guarantee of any specific outcome. + Litigation is a calculated decision based on various case and legal precedence.%2 Law feels the proceeding cases carry extreme merit that may carry the following potential outcomes:
12 WWW, Potentia I Outcomes ee s n U r O me... Pre-trial settlement: As each client joins the Mass Joinder action the lender will receive a pre-trial settlement offer per the following terms. 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
13 WWW, Potentia I Outcomes ee s n U r O me... Amn est: Counsel will be working with legislation to create an potential amnesty program. 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.
14 WWW, Potentia I Outcomes ee s n U r O me... Full Lien Stri: This is the intentional outcome of each of the suits. Counsel has stated they are seeking complete dismissal of the lien.
15 WWW, ee s n u r or n e... UslnourHome.com K-2.html Litigation of this size and caliber is a complex time consuming process. The following is a VERY brief outline of the process: Attorney Retainer Agreement Executed. Copy of the Deed of Trust and Copy of Note submitted with every file. 998 Offer and Compromise (30 day wait). Seek foreclosure injunction / moratorium. Plaintiff update from counsel every 30 days Settlement Offer. Case Resolution.
16 M r. Kramer's practice emphasizes commerciallitigation and trial advocacy, with a concentration on franchise law, banking litigation, and real property matters. He has tried in excess of 200 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. K Association of Franchisees & Dealers, an organization dedicated to promoting fairness in franchising. Mr. Kramer chairs the American Association of Franchisees and Dealers' Speakers and 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.
17 A M.J. Stein, Esq. is a 25-year award-winning litigator, trial lawyer, financier, and entrepreneur. He has represented many of the world's largest companies in State and Federal Court, and has been involved in some of the highest profile cases in the nation's history. E At MJS & Associates, you will find a level of lawyering that is among the best in the profession. We are one of the few ~ s t I t 7 t if t i
18 / / I I I
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