Category: GTC | Honor

WELCOME TO LIVINGLIES — Since 2007

January 28, 2022

KEEP YOUR HOME!!! – Over 17,000,000 Visitors Most of the claims that use “securitization” as a foundation are FALSE!! That means they have no right to administer, collect or enforce any debt, note, mortgage or deed of trust. And THAT means you can successfully challenge foreclosures AND pursue damages against those who make false claims. SUBMIT FREE REGISTRATION STATEMENT WITHOUT OBLIGATION ************************** Listen to The Neil Garfield Show or prior episodes ******************************* About Living lies Contact Information: Phone: 844.478.6774 Email: lance@livinglies.me PRO BONO SERVICES include online chats, comments, and suggestions on the registration form, The Neil Garfield Show, PAID

TILA RESCISSION: The war is NOT over contrary to bank disinformation

March 26, 2018

The banks have not asked for an order vacating a TILA RESCISSION because they know that following standard procedure would block them from challenging TILA RESCISSION. This is PROCEDURE vs SUBSTANCE. That is what this has always been about. As more courts continue to “rule” on TILA RESCISSION, getting it wrong every time, the effort to discredit TILA RESCISSION is picking up steam. Here is the bottom line: I never said that the borrower would always prevail if challenged. I only said that the borrower must be challenged if a creditor wants to avoid the consequences of rescission. And failing to

What and Who is a Creditor?

February 5, 2018

Practically everyone thinks they know what is a creditor even if they cannot identify who is the creditor. The reason that this is important is that the lawyers for the banks have created a divergence of the money trial and the paper trail. One is worth every cent claimed and the other is worth nothing, but for the repeated acceptance of a claim as proof in and of itself that a real transaction is referenced in the paper trail. In most cases, it isn’t. Let us help you plan your narrative and strategy: 202-838-6345. Ask for a Consult. Register now

When and What is Consummation of Contract?

January 24, 2018

Like many other “Black letter law” situations, when it comes to foreclosures the courts are ignoring all precedent, statutes, rules and regulations when they consider a loan contract consummated when one party signs documents — without the other side showing it signed documents and performed its obligations. Without consideration passing both ways, there is no contract to enforce. The argument that there is nothing for the lender to sign is without merit. The further argument that therefore the only signature that counts in a written contract is the signature of one side is equally ridiculous. It is true that lenders

Lateral Appeal in BKR to District Judge Often Overlooked

January 3, 2018

The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that gets the most traction the most often is directly to the sitting District Court judge in whose courthouse the BKR proceedings are pending. District judges are the most likely to find that the BKR “judge” lacked jurisdiction or power to even hear many matters. Let

Illusion of Confusion: Dealing with Unresponsive "Responses" in Discovery

December 18, 2017

The bank playbook is very simple: keep it as complicated as possible. That way the court and even the homeowner will come to rely on what the banks and so-called servicer say about names, places, documents and money. That’s how they sold the initial fraudulent MBS and around 10 million foreclosures. If you had a high success rate and you succeeded in scaring most homeowners off from contesting fraudulent foreclosures, what would you do? You would keep going based upon a strategy of creating the illusion of complexity. The only really complex thing is the fact that the foreclosing parties

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

Ally $52 Million settlement for "Deficient Securitization"

November 25, 2016

All of these adjectives describing securitization add up to one thing: the claims were false. For the most part none of the securitizations ever happened. And that means that the REMIC trusts never purchased the debt, note or mortgage. And THAT means the “servicer” claiming the right to administer a loan on behalf of the trust is false. And THAT arguably means the business records of the servicer are not business records of the creditor. And THAT my friends means what I have been saying for 10 years: virtually none of the foreclosures were legal, moral or justified. The real

Goldman Sachs Fined $5 Billion for Violations Dating Back to 2008

April 12, 2016

…should anyone who owns a home that is subject to claims of securitization of their mortgage be at risk of losing their property? …the government should stop the arrogant policy of letting most of the burden fall onto middle class property owners. For a description of our services click here: https://wordpress.com/post/livinglies.wordpress.com/32498 So we have another “settlement” with one of the major players in the greatest economic crime in human history. But the cover-up of the actual transgressions emanating from corruption on Wall Street continues. Government investigators should have had a press conference in which they clearly stated the nature of

The Devil is in the Details — The Mortgage Cannot Be Enforced, Even If the Note Can Be Enforced

September 30, 2014

Cashmere v Department of Revenue 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.

Powers of Attorney — New Documents Magically Appear

September 29, 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. ———————————— BONY/Mellon is among those

Levitin and Yves Smith – TRUST=EMPTY PAPER BAG

September 26, 2014

Living Lies Narrative Corroborated by Increasing Number of Respected Economists It has taken over 7 years, but finally my description of the securitization process has taken hold. Levitin calls it “securitization fail.” Yves Smith agrees. Bottom line: there was no securitization, the trusts were merely empty sham nominees for the investment banks and the “assignments,” transfers, and endorsements of the fabricated paper from illegal closings were worthless, fraudulent and caused incomprehensible damage to everyone except the perpetrators of the crime. They call it “infinite rehypothecation” on Wall Street. That makes it seem infinitely complex. Call it what you want, it

When an assignment of a mortgage is invalid, does it require a foreclosure case to be dismissed?

September 23, 2014

Banks Use Trial Modifications as a Pathway to Foreclosure — Neil Garfield Show 6 P.M. EDT Thursdays

September 18, 2014

Banks Use Modifications Against Homeowners Click in or phone in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EDT Thursdays It is bad enough that they outright lie to homeowners and tell them they MUST be 90 days behind in payments to get a modification. That isn’t true and it is a ruse to get the homeowner to stop paying and get into a default situation. But the reports from across the country show that the banks are using a variety of tricks and scams to dishonor modification agreements. First they say that just because they

A Foreclosure Judgment and Sale is a Forced Assignment Against the Interests of Investors and For the Interests of the Bank Intermediaries

September 15, 2014

Securitization for Lawyers: Conflicts between reality, the documents and the concept.

September 10, 2014

Giunta Prevails on Wells Fargo Motion to Dismiss — Federal Court

September 9, 2014

Maine Moving toward the Truth About the Mortgages, MERS and Foreclosures

September 5, 2014

submitted by anonymous reader: Article by Elena A. Lovoy and D. Brian O’Dell Bradley Arant Boult Cummings LLP The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a lender can establish standing when it holds an assignment of the mortgage from Mortgage Electronic Registration Systems, Inc. (“MERS”) to the amount a borrower must pay to cure a default. If you originate and/or service RESIDENTIAL MORTGAGE LOANS in this state, you may want to review these recent cases. This

Securitization for Lawyers: How it was Written by Wall Street Banks

September 3, 2014

Securitization for Lawyers

September 2, 2014

Holder in Due Course and Due Process

August 29, 2014

The first thing I want to do is add to my previous comments. I believe there is an implicit admission of failure of consideration in any case where a holder in due course is not identified. In addition, where a REMIC trust not alleged or asserted to be a holder in due course it means by definition that they did not purchase the loan for value in good faith without knowledge of the defense of the “borrower” (maker of the note). I believe that what this means is that any court that enters an order or judgment against the

Pretender Mender: Foreclosure Crisis Continues to Rise Despite Obama Team Reports

August 27, 2014

Despite various “reports” from the Obama Administration and writers in the fields of real estate, mortgages and finance, the crisis is still looming as the main drag on the economy. Besides the fact that complete strangers are “getting the house” after multiple payments were received negating any claim of default, it is difficult to obtain financing for a new purchase for the millions of families who have been victims of the mortgage PONZI scheme. In addition, people are finding out that these intermediaries who received an improper stamp of approval from the courts are now pursuing deficiency judgments against people

The Art of Objections at Trial: A Success Story

August 22, 2014

"Teaser" Payments: Trick or Treat?

August 19, 2014