Category: forms

California Form Hiding in Plain Sight

December 10, 2018

In cases where the CA foreclosure is being filed on behalf of the named Trustee (e.g., US Bank, Deutsch Bank etc.) for the certificates or the certificates holders — or where the it is ambiguous as to what or who the named trustee is asserted to be representing, there is a form demanding disclosure of the certificate holders and a requirement that they file an affidavit stating that they are beneficiaries of the deed of trust and agreeing to which other beneficiaries, owning more than 50% of the beneficial interest under the deed of trust may represent all of them.

GARFIELD PREMISES

July 11, 2018

Most people really don’t completely understand our premise when we investigate, research, examine and analyze a case or case documents. We have several premises with which we start and check to to see if they apply. While the answer is short the work behind it is long and complicated. Let us help you plan your foreclosure defense strategy, discovery requests and defense narrative: 844.478.6774 Ask for a Consult. Purchase now Neil Garfield’s Mastering Discovery and Evidence in Foreclosure Defense webinar including 3.5 hours of lecture, questions and answers, plus course materials that include PowerPoint Presentations. Presenters: Attorney and Expert Neil

Banks Fighting Subpoenas From FHFA Over Access to Loan Files

January 31, 2017

Whilst researching something else I ran across the following article first published in 2010. Upon reading it, it bears repeating. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments. THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- WHAT IF THE LOANS WERE NOT ACTUALLY SECURITIZED? In a nutshell this is it. The Banks are fighting the subpoenas because if there is actually an audit of the “content” of the pools, they are screwed across the board. My analysis of dozens of pools has led

Loan Without Money

August 18, 2014

For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the loan exists nor that a default occurred and especially don’t admit the loan is secured. FREE INFORMATION, ARTICLES AND FORMS CAN BE FOUND ON LEFT SIDE OF THE BLOG. Consultations available by appointment in person, by Skype and by phone. ——————————– If you went to

Fannie and Freddie Slammed by Massachusetts AG

May 16, 2014

Martha Coakley gets it. Read her letter. Being a politician she does not say that the abstract fear of strategic defaults on all loans across the board is absurd. Well, actually she does say it. Principal reductions and ending patently illegal policies preventing homeowners from buying back their own property at auction are at the center of the solution to the foreclosure mess along with one more thing: things will change when we get the answer to the question IF THESE POLICIES HURT LENDERS, INVESTORS AND BORROWERS, WHY WOULD ANYONE LISTEN TO A THIRD PARTY WHO BENEFITS? fhfa-letter-051414 As the

Florida Standard Jury Instructions as a Guide for Bench Trials

April 1, 2014

Danielle Kelley, esq., my law partner frequently says she likes to start with the jury instructions because that is where everything is boiled down to their simplest components. I think it is wise to make references to the standard jury instructions (plus the fact that they were introduced as an amendment to the Florida rules of Civil Procedure — thus overriding anything the Judge thought he knew). For example, on evidence for use in motions and at trial — SC12-1931 Opinion 301.5 EVIDENCE ADMITTED FOR A LIMITED PURPOSE The (describe item of evidence) has now been received into evidence. It

Bankruptcy Lawyers: it starts in the schedules — admission of secured debt is deadly

January 9, 2014

I was traveling and re listening to an older lecture given by 2 Bankruptcy judges generally held in high esteem. The largest point was that naming a party as the creditor and checking the right boxes showing they are secured basically ends the discussion on the motion to lift stay and restricts your options to either filing an adversary lawsuit attached to the administrative bankruptcy petition or filing an action in state court which is where you will be if you don’t follow this same simple direction. If you file schedules attached to your petition for bankruptcy relief, as you

Why do we need to force the banks to accept more money in modification?

October 28, 2013

Selecting a forensic analyst or a lawyer to represent you in a mortgage dispute. You need to look at their credentials rather than listen to their sales pitch. And you need people who really believe that you can and SHOULD win. For our services and products call our customers service numbers at 520-405-1688 on the West Coast, and 954-495-9867. Or visit www.livingliesstore.com. Don’t waste your money if the people lack the credentials and experience and commitment to make things work out the way you want it. Everyone promises the world. We promise expertise and guidance on how to use it

How to Win the Case

July 20, 2013

There many ways to win a case, so what I am saying in this article should be taken in the context of a larger reality where lawyers are winning hearings and winning the entire case using their own style, strategies and tactics. And it is equally true that any case management plan, regardless of the brilliance behind it, can still result in a loss. So this article should not be taken as my way or the highway, but rather just my way. The first thing to keep in mind is that the argument that many lawyers are using at the

Danielle Kelley Looks at New Florida Law: Pitfalls and Possibilities

June 18, 2013

The fundamental paradigm shift that is coming is that the banks are the deadbeats, not the borrowers. The borrowers are seeking to enforce a fair deal; the banks are seeking to steal and lie their way through the PONZI scheme we called “Securitization.” —Neil F Garfield, Livinglies.me If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people

3 CASES THAT SHOW WE ARE ON THE RIGHT TRACK

September 18, 2010

SUBMITTED BY BRIAN Three cases that show we are on the right track. Indymac is a bad group that is going down further. http://www.scribd.com/doc/37596878/Paul-Nygen-Judgement-Against-Lenders-09-15-10 http://www.scribd.com/doc/37617034/FDIC-Indymac-V-Van-Dellen-Complaint-Officers-of-Indymac-sued-by-FDIC-Onewest-Bank-states-106-of-the-108-loans-are-non-performing-Must-be-to-the http://www.scribd.com/doc/37618538/Indymac-Certificate-ShareHolder-Class-Action-9th-Circuit-Interlocutory-Order-certifying-the-6th-Amended-Complaint

MOVING INTO FIRST POSITION: PRIORITY OF LIENS

September 13, 2010

livinglies-general-store livinglies-newsletter-provides-more-strategic-info IF YOU HAVE A SECOND MORTGAGE, HELOC OR OTHER JUNIOR LIEN ON YOUR PROPERTY (LIKE AN ASSOCIATION LIEN FOR NON-PAYMENT OF MAINTENANCE), THAT MIGHT JUST BE YOUR TICKET OUT OF THIS MESS. I would add that if you are the holder or the attorney for the holder of junior liens, you should pay careful attention, because it is possible if not likely that you will have an opportunity to improve the value of that lien and at the same time clear the title with the homeowner such that the predatory loan defenses and title defenses disappear forever. While

MERS-Deutsch Slammed on Quiet Title

September 10, 2010

9.09.10 NY MERS NO AUTHORIY DISMISSED MERS tried to Quiet Title. In so doing they paved the way for millions of homeowners to sue MERS to quiet title. The net result is that the encumbrance is invalid. That means the debt, the obligation, MIGHT exist, but it is NOT secured by the home. I’d say I told you so, but that would be immature. 🙂 All of that is important but Judge Jeffrey Arlen Spinner went a lot further and made his mark on the issue of bogus affidavits that say nothing but which are used by foreclosure mill attorneys

HOW TO ARGUE FLORIDA ASSIGNMENT FRAUD TO JUDGES

September 2, 2010

Good Stuff —- Now we are working on a script. Comments invited including edits. Let’s get on the same page do what the pretender lenders are doing. We should have a common message that all the Judges hear from all the lawyers. HOW TO ARGUE FLORIDA ASSIGNMENT FRAUD TO JUDGES http://www.amartinezlaw.com In accordance with the Disclaimer posted on this site, nothing here shall be construed as legal advice. The information below is strickly commentary designed to help enhancing the presentation skills. The hiring of an attorney is very important. If you are in need of legal assistance, consult a licensed

JP Morgan: 8 people, 18,000 signed affidavits per month

June 8, 2010

The bottom line is that none of these signors of affidavits have ANY personal knowledge regarding any document, event, or transaction relating to any of the loans they are “processing.” It’s all a lie. In a 35 hour workweek, 18,000 affidavits per month computes as 74.23 affidavits per JPM signor per hour and 1.23 per minute. Try that. See if you can review a file, verify the accounting, execute the affidavit and get it notarized in one minute. It isn’t possible. It can only be done with a system that incorporates automation, fabrication and forgery. Editor’s Note: Besides the entertaining

Excellent Motion for Fraud on Court

June 5, 2010

motion for fraud on court Matis Abravanel by Matis H. Abravanel, Esq. Some short background information on this pleading, it’s an emergency motion to cancel a final sale based upon Fraud on the Court. This client came to us a month before his final sale date, and already had a default and a final summary judgment entered against him. Besides non-compliance with the pooling and servicing agreement, we uncovered notary fraud (see paragraphs 1-4 and attached exhibits) and a fraudulent assignment and endorsement of a note that was dated in January of 2006, to U.S. Bank National Association, as successor Trustee to