Category: securities fraud

Servicer Dirty Tricks in Foreclosure: Learn the Defense

May 14, 2026

Because of some mortgage servicer dirty tricks the foreclosure process is not clean, fair, or based entirely on verified evidence. Let’s stop pretending mortgage servicer’s are above dirty tricks in foreclosure. In many foreclosure cases, the real battle is not between a homeowner and a true lender. The battle is between a homeowner and a mortgage servicer that may not own the debt, may not have suffered any financial loss, and may not even possess admissible evidence proving the right to enforce the loan. Companies like Shellpoint, Wells Fargo, JPMorgan Chase, and Mr. Cooper frequently appear in foreclosure litigation across

How to Challenge a MERS Assignment in Court

April 23, 2026

By Donna Steenkamp Head of Research at Living lies/Defend the Foreclosure Few documents in foreclosure litigation are treated with more blind acceptance than a MERS assignment. That is a mistake. When a MERS assignment appears in the file, many homeowners assume it settles the transfer issue. Some lawyers treat it the same way. But a recorded assignment is not the end of the inquiry. It is the beginning of one. The real question is not whether an assignment exists. The real question is whether it proves a real transfer of enforceable rights by a party with actual authority actually took

The Missing Creditor Problem: Why Securitized Mortgages Often Fail the Basic Test of Foreclosure Authority

April 7, 2026

There is one question at the heart of nearly every foreclosure case, and most courts still do not ask it clearly enough: Who is the creditor? Not who is the servicer. Not who has possession of paper. Not who filed the foreclosure. The real question is this: who has the legal authority to verify the debt, accept payoff, and release the lien? That question used to have a simple answer. In a traditional loan, the lender made the loan, kept the account, collected the money, and could release the mortgage when the debt was paid. But in modern securitization, those

U.S. Bank Admits Their Limited Authority

September 11, 2024

Unveiling the Truth Behind Trustee Roles in Foreclosure US Banks own Brochure is a bombshell revelation In the battle to defend your home from wrongful foreclosure, homeowners often find themselves up against big names like U.S. Bank, Deutsche Bank, or Bank of New York Mellon. These “trustees” appear on foreclosure documents, often leading homeowners to believe these institutions are actively managing their loans and directly pulling the strings in the foreclosure process. But here’s the truth: *They’re not*. Recently, I came across an internal brochure from U.S. Bank that makes their role as trustee crystal clear. It’s like hearing from

Mortgage Court Cases

August 26, 2024

When we go to court to defend an illegal foreclosure, we’re often trying to figure out who really has the right to get paid back the loan. This is important because you should only have to pay the person or company that actually lent you the money in the first place. In mortgage court cases involving foreclosures, Banks have been telling courts that it’s enough to just point to the person who owes the money. Because of this, there’s a whole bunch of companies pretending to be the ones who should get paid, Here’s the thing: if you owe money,

How to fight foreclosure

May 30, 2024

Exposing the Fraud in Foreclosure: How LivingLies.me Can Help You Fight Back How to Fight Foreclosure: Behind the scenes of foreclosure, there’s a maze of lies and complexity. The real story of mortgage transactions is often hidden under layers of financial trickery called securitization. Let’s break it down and see how the big banks use this system to commit fraud and injustice, and how the team at LivingLies.me can help you fight back. The Truth About Securitization Securitization is a fancy term for a process that makes mortgages look like traditional loans when they’re not. Big financial institutions like Citi,

Who Really Owns the Home Loan? A Closer Look at Mortgage Court Cases

February 5, 2024

When we go to court to defend an illegal foreclosure, we’re often trying to figure out who really has the right to get paid back the loan. This is important because you should only have to pay the person or company that actually lent you the money in the first place. Banks have been telling courts that it’s enough to just point to the person who owes the money. Because of this, there’s a whole bunch of companies pretending to be the ones who should get paid, Here’s the thing: if you owe money, it must be to someone specific,

Legal Perspective on Wrongful Foreclosure Actions and Potential Damages

January 25, 2024

In the intricate landscape of foreclosure cases, a formidable litigation strategy is essential to navigate the complexities. Drawing on our team’s extensive experience in litigating complex foreclosures in both judicial and non-judicial states, we present here an array of meritorious civil actions. All strategies herein are aimed at addressing the deliberate orchestration of illegal foreclosures against homeowners. This article explores key legal aspects, including wrongful foreclosure claims, violations of statutes, and potential damages applicable nationwide. Our Formidable Litigation Strategy: Uncovering the Layers of Complexity Aligned with a robust defense strategy, our approach involves a comprehensive review of all pertinent instruments

Our Strategic Foreclosure Defense Model

November 17, 2023

Leveraging Discovery in Judicial and Non-Judicial States Through State Specific Statutes In the labyrinth of foreclosure litigation, the timing and strategy employed during critical stages can significantly impact the outcome. Our experience has revealed a paramount step often overlooked by real estate homeowners, proving prejudicial in many cases. This negligence often allows foreclosure proceedings to progress unchecked until it is too late to mount a substantial defense. Critical Stages of Foreclosure Litigation: Foreclosure cases initiated by banks, servicers, and trusts frequently sprint towards final judgments without robust opposition. The procedural trajectory takes shape upon filing the foreclosure complaint, where supporting

FORECLOSURE OR RELIEF FROM STAY

November 14, 2023

In a foreclosure proceeding in a judicial foreclosure state, or a request for injunctive relief in a non-judicial foreclosure state, or in a motion for relief proceeding in a bankruptcy court, the courts are dealing with and writing about the problems very frequently. In many if not almost all cases, the party seeking to exercise the rights of the creditor will be a servicing company. Servicing companies will be asserting the rights of their alleged principal, the note holder, which is, again, often going to be a trustee for a securitization package. The mortgage holder or beneficiary under the deed

PennyMac, Ocwen and other pretend servicers

November 8, 2023

PennyMac and others are pretending to be “servicers” but they’re not, even though they do some servicing work. They’re using Black Knight’s systems to do it. Think of Black Knight as a big boss that controls a lot of the so-called “servicing records,” about 62% of them in the US. Because of this, companies can act like they checked the records when they really didn’t, just by logging into Black Knight’s system. Black Knight (formally known as LPS) is pretty shady—they’ve been caught doing illegal stuff before. So when they’re involved, it makes the court suspicious of any documents that

While we are all napping: Trading in MSRs hit $1 trillion.

April 25, 2023

According to recent reports: MSR trading volume this year is on pace to meet or exceed last year’s robust mark, when some $1 trillion in MSRs exchanged hands — then fueled by the spike in interest rates. The trading volume of MSRs so far this year is on pace to meet or exceed last year’s robust mark, when some $1 trillion in MSRs exchanged hands — then fueled by the spike in interest rates. So unless you are a finance nerd like me, you don’t know or care. But if you are receiving statements from companies with whom you never

The irrefutable logic at the foundation of all successful foreclosure defense narratives

February 2, 2023

The mortgage lien is designed to protect against financial loss — not to promote financial gain. If Wall Street wants to protect the financial gains it created from its crazy scheme using weapons of mass financial destruction, then the least it should do is share a little of that with homeowners, consumers, the government, and investors. * I continually get the same question, mostly because neither the homeowner nor the “investigators” understand anything about being a licensed, educated, experienced investment banker, lawyer, or accountant. If they were any of those, they would not ask the question. * The latest question

Why the SEC Needs to Regulate Falsely Labeled "Mortgage Backed Securities"

February 14, 2022

The SEC should be regulating these transactions because the investment banks are evading regulation through claiming an exemption that defines their financial product as a private contract and not a security subject to regulation by the agency. But they still label the financial product as a “mortgage backed security.” It does not take a legal genius to know that they can’t have it both ways. Either it is a security or it is not. * Consumers and homeowners have been continually frustrated by the lack of any support from any federal or state agency whose charter requires them to protect

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

Homeowners need to understand that they are investors, not borrowers.

January 10, 2022

In nearly all cases that the amount of money paid to a “prior lender” is entirely or mostly fictional in all cases of refinancing and nearly all cases in purchase money mortgages. As long as the same underlying investment bank is the same for both the Buyer and Seller or the same for both the new “Lender” and the old “lender.” * But in cases where the Seller gets money (equity) at least some money is actually produced for closing. And as long as the refinancing produces cash to the homeowner, some money is actually produced at closing. So for

Why I Think Homeowners Are Entitled to Receive a Second Payment From Investment Banks

January 4, 2022

All homeowners who think they have a mortgage loan have received one payment at a “closing” — or a payment allegedly made on their behalf. For reasons explained elsewhere on this blog, such payments on their behalf are mostly fictional where the underlying investment bank is the same “director” of funds. * The significance is that a second tree springs up in which the scheme described below is duplicated — with little or no cost to the investment banks. Each time the myth of “refinancing” is employed a new securitization tree springs up with dozens if not hundreds of branches.

"Black Knight": Banks Are Peddling A False National Narrative of Declining Foreclosures

December 7, 2021

I’m busy today so I can’t publish my usual long analytical article. But one thing that is constantly staring at me is the fact that the national press and news releases are in basic conflict with local media. And the fact that local media is going out of business isn’t helping. Black Knight is a company whose size and reputation is entirely based upon preparation, presentation, and use of false documents and information that were forged, robosigned, and back-dated. Those were the days when it was called Lenders Processing Services in which DOCX was used to produce the false documents.

Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1

December 6, 2021

So a friend of mine left her phone in my car. Here is what I wrote to her: Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now claim it as my property. So by possessing the phone I was able to issue and sell several certificates based upon the possible rental income I would receive from you for access to the phone you already own. * I told the buyers you had scheduled payments

How Could This Not Be a Loan?

December 3, 2021

if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the consumer/homeowner thought or even wished it were otherwise makes no diffeerence. If I pay you money and you think it is a loan but I paid you for services you rendered, the substance of the transction is “fee for services” — not a loan — and there is no legal or ethical or moral obligation to pay it back. I think the one

For those exiting "Forbearance" or Moratoriums — Be Careful What You Write!

October 12, 2021

After a few extensions, the mortgage payment pause officially ended — or will be ending soon — for 1.2 million out of an estimated 1.7 million loans that remained in forbearance as of August, according to CoreLogic. Wall Street is busy churning out even more disinformation than before because they are trying to avoid a mass revolution from consumers. The latest message is that some homeowners are struggling but “market conditions” will prevent a new tidal wave of foreclosures. The object is clearly to distract anyone in government from paying attention to this monster. see https://www.bankrate.com/mortgages/cares-act-forbearance-runs-out/ So they’re using this

WHAT IS A SERVICER ADVANCE? According to Ocwen it has zero credit risk and is not really an advance

January 29, 2021

One place where securitization players and foreclosure players don’t lie is in reports that are formally filed with the SEC. So in my research, I found a document in which Ocwen describes itself and which is subject to judicial notice because it is a government document downloaded from the Sec.gov website. The filing of 8k and other reports required by securities laws and regulations is an official act. It is a sworn representation by the issuer (Ocwen here) that the facts being presented are accurate and true on penalty of going to jail. Here we see a filing that identifies

TONIGHT! Why Lawyers Should Want Foreclosure Defense Cases and What They Are Missing $$$

January 21, 2021

Thursdays LIVE! Click into the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6 pm Eastern Thursdays SHARE THIS POST WITH LAWYERS YOU KNOW!!! This show is devoted to convincing the lawyers who will listen that they are missing out on something very profitable and important. Representing homeowners faced with foreclosure papers can and does present an opportunity for large paydays, consistent victories in court, and playing a part in changing the trajectory of home finance in this country and around the world. In 2008 I presented a seminar that provided the essentials of

Repurchase agreements only advance the myth that loans were purchased in the first place.

December 14, 2020

Investors would do much better if they stopped litigating the duty to enforce repurchase agreements. The repurchase agreement is void because there was no purchase. There are better claims to make that are more easily proven. Homeowner litigants need to have more courage and attack the existence and ownership of the underlying alleged obligation much more explicitly and directly. They will be pleasantly surprised. While they will never get an admission that the whole affair is a scam, they will be able to raise the inference and thus limit the evidence in court that would ordinarily be allowed to prove