Help4TheLenders™

Welcome to our Web site! We are California Attorneys & Counselors At Law, serving California Clients only; however we do associate on select matters with national lawyers or lawyers from other States, Countries, or jurisdictions. The firm handles matters of Litigation, Transaction, and Negotiation, in Civil, Criminal, International and Policy matters. The firm also handles Business, Lending, Corporate and SOX matters. The firm’s national associates have recovered billions in redress. The firm has no allegiance to any one industry.

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Help4TheLenders™ | Drill Down For The Topic of Concern:

BANKING & MORTGAGE LENDING LITIGATION | SETTLEMENTS:

BuyBack Litigation | BuyBack Negotiation | BuyBack Settlement:

"Secondary Market Liability for Originating Predatory Loans and Assignee Liability vs. Public Policy Concerns" -

Wall Street is not sitting around waiting to lose-their-shirt in this recent SubPrime Default & Foreclosure meltdown. If Wall Street implements a policy of demand and litigation against the Lenders for buybacks of bad loans, the lenders/brokers and consumers may end up holding the loss. This may result in substantial BuyBackLitigation. This move has the potential to allow Wall Street to buy the bad and good loan portfolios for pennies on the dollar in bankruptcy court. The kicker is, they may try to do so without the liability exposure, leaving the risk and liability to the Lenders/Brokers and Consumers. Talk about follow the money. That area itself will be subject to huge litigation challenges for “public policy violations” to say the least.

Who in the funding and lending process knew that the price/risk formula was corrupt? Did investors, Wall Street securitizers and rating agencies know or understand how wrong the risk models would be? Who knew the affect that mal-priced non-mitigated piggybacks with adjustable rate teaser resets would have on affordability? Did the product developers know or understand, or intend to process defective loan products or modeling for (bad) loans?

Problems & Solutions re Banking, Brokers, Lenders, Investors: In 2007, Mr. Rydstrom, Esq.has been published by Chairman Rangel of the House Ways and Means Committee for the 110th Congress of the United States on Solutions to the Economy, Predatory Lending, Defaults & Foreclosures. Mr. Rydstrom created new Suitability Disclosures (TID) and risk mitigation devices (SHILO and FMII, DMII, IMII, BMII) that resolve issues for all market participants, including the borrower. Mr. Rydstrom created non-cash substitutes or equivalent risk-pricing (ERP) mortagage insurance investment funds (investment devices tradeable on Wall Street) to pay for the enhanced risk of the subprime borrower without overloading the borrower with unaffordable monthly cash payments. Risk must be paid for or the risk price formula becomes corrupt. The question is, can it be paid for with non-cash equivalents? Will "Wall Street" step up and create such vehicles?

 Congressional Paper: Visit:  Industry & Congressional Debate

                      www.bankriskmitigation.com

BANKRUPTCY UNCERTAINTY & MISUSE: If Wall Street uses the bankruptcy courts to buy subprime lenders or its portfolios, creditors, lenders and some bondholder/investors may lose. Creditors include the consumer (borrower) and the economy. The venue of choice for corporate raiders is often the bankruptcy courts. Forced or fire type sales are not uncommon. Dispensing with a pesty “owner” is child’s play (BKUncertainty). So why would the “smart money” buy up failing subprime lenders at a time when the bottom is yet to be found, margins are thin, and “unaffordability” abounds. Many ponder this question. One need only look to bankruptcy (or common law bankruptcy tricks) for the answer. Creditors often lose in bankruptcy court. Bankruptcy courts bristle with inefficiency, while opportunity is plentiful for those in-the-know. Not only is it common for small business owners to be thrown out without salary, bonus or buy-outs, the court is often used to carve out liability for the raider. With consumer (Predatory Pending Liability) and business (BuyBackLitigation and Assignee Liability) lawsuits growing exponentially with the default and foreclosure rate, excluding liability for the handsome prince willing to buy discounted portfolios (without liability) will prove profitable. However, it will fly in the face of public policy.

BUSINESS | ASSET & LEGAL RISK PROTECTIONS: If you expect to be sued or to be liable on a debt or lawsuit, the general law precludes asset protection intended to hide or hinder creditors. However, there are a few specialized narrow procedures that are available. eMail: rydstromlaw@yahoo.com

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LEGAL NOTICE: This article is not legal, tax or financial advice, and you may not rely on it for same. This is a brief non exhaustive newsworthy article and may be deemed an advertisement from the State Bar. All Rights Reserved ©2007 Richard Rydstrom

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Contact: BuyBack and Assignee Trust Loan Litigation or Liability Counsel

Richard Ivar Rydstrom, Esq., LL.M.
O’Connell & Rydstrom, LLP
Attorneys & Counselors at Law
4695 MacArthur Ct. 11th Flr.
Newport Beach, Ca 92660
Tel: (949) 798-6206
Fax: (949) 606-9716
www.oconnellandrydstrom.com