Category: trustee

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

Wilmington Entities in Foreclosure

December 29, 2021

The “Wilmington” name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the “Wilmington” name appears in foreclosure cases, it is an attempt to launder title such that the lawyers who prosecute the foreclosure process can reasonably imply that he or she is representing a creditor who is one or more of the following — none of which are true in any respect, in my opinion, and no evidence has ever been produced to support these premises: it is a holder in due course of a promissory note, It

Who gets a QWR or DVL and When?

September 21, 2021

LEARN HOW TO FIGHT WITH HONOR AND WIN! After some reflection, legal research and analysis I have come to the conclusion that a very good way for homeowners to put tracks in the sand that they can use later with success is to use the following protocol — subject to the opinion of local counsel: Send QWR and DVL to “servicer” and nobody else. Under statutes, service to one is service to all anyway. In cases where the creditor is either asserted or implied to be a bank as trustee for a REMIC trust, send a second QWR and DVL

What Happened With Your "Loan" — By admitting that you received a loan you lose.

December 16, 2020

The plain truth is that homeowners are losing their cases through assymetry of information. They think they understand when they do not have a clue. They are admitting the obvious, which turns out to wholly untrue. In so doing they give the court no choice but to enter judgment aganst them. ApplicationForLoanProcessAndFundingOfServiceFees I am experimenting with new ways to present this. If you click on the above chart you will see that the application process is actually a dead end. Nobody actually agrees to lend any money. Nobody does lend money. Money arrives later at the “closing” table but unknown

Document Review for Dummies: Why homeowners and their lawyers get confused by documents proffered by foreclosure mills

November 10, 2020

It occurs to me that most questions I receive contain either an inquiry about the meaning of documents or statements as if they know the meaning of documents. So here is a short primer on reviewing documents that might help. WHAT (IF ANYTHING) IS THE TITLE OF THE DOCUMENT? While this seems to be simply a matter of reading and common sense, there is more to it than that. If I draw a rough picture of a dollar bill and hand it to you, nobody will accept it as payment for anything even if the writing on it says “United

There is no valid cause of action for foreclosure arising from the Uniform Commercial Code. There is a cause of action under common law contract — but nobody has alleged that in claims or defenses.

July 20, 2020

The only way that enforceability of the homeowner transaction can be preserved is through common law contract, in which UCC presumptions would probably not apply I recently received a question from a paralegal asking a question I constantly receive — where do I find my loan. Or more specifically how to find out which trust owns my loan. the answer is that (a) you are asking the wrong questions and (b) you are admitting that the loan is actually in a trust. That simply is not true. Here is my reply: I appreciate the work you are doing. I think

How did Wall Street make all that money on "securitization."

July 13, 2020

Servicers did not make any advances. They never did and they never will. They said they did but they didn’t. If you read the prospectus carefully you will see that the money from investors is divided into three parts. * The first part is the purchase of a certificate that promises payments to the investor based upon a formula that is independent of any homeowner debt, note or mortgage. It does not commit the Investment Bank to using the funds in any particular way. But the payments are partially indexed on the performance of an arbitrarily chosen group of loans

Does the REMIC Trust Exist?

July 8, 2020

In all jurisdictions, even if the trust has some assets, and therefore legal existence as a legal person, if the asset in question has not been entrusted to the trustee on behalf of beneficiaries, the existence of the trust is completely irrelevant. And all claims arising from the supposed existence of the trust are also irrelevant and lack Foundation. I agree that the existence of the Trust might be a subject for debate. However, the fact that a trust exists on paper does not mean that it exists relative to any loan or debt or note or mortgage. In fact,

Could IRS Enforcement of REMICs Bring Wall Street Into Line? Yes but they won't do it. Investors and homeowners continue to suffer as victims of fraud.

May 14, 2020

The most obvious places to look for correction in the illegal conspiracies masquerading as securitization of residential debt were the IRS , the SEC, the FDIC and the FTC and probably later the CFPB. Qui tam (whistleblower) actions were regularly dismissed because the agency that lost money due to false claims rejected the notion that it was a false claim or that anything bad had occurred. Sheila Bair lost her job as head of the FDIC for protesting policy set by Presidents Bush and Obama that failed to hold the line. So here is a 2014 article that talks about

The Problem With those Powers of Attorney

April 22, 2020

Just because a power of attorney appears to be facially valid doesn’t mean that it IS facially valid, nor that it is substantively valid. Sign Petition to Change the rules to Protect Homeowners from Fraudclosure. Powers of Attorney are part of the strategy engineered by investment banks on Wall Street. Here is the problem with the POA or LPOA strategy. In summary it is merely part of a larger strategy that seeks to create the illusion of real claims by real parties when in fact no such claim exists and no claimant exists. the claimant never gets the proceeds of

Wait! Somebody must have paid something right?

February 7, 2020

How do you know what was paid by whom and when and what terms applied? The whole point here is that money was paid by investors who did not receive ownership to the debt, note or mortgage. Nor did they assign any equitable right to the debt, note or mortgage. Since the value was paid by a party who never received ownership, no “successor” would have any reason to pay value for ownership nor did they do so. * And before you decide to shift gears, the investment bank took in money from investors as a commercial deposit — i.e.

Why Fabrications? Why Forgeries?

February 11, 2019

In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records. Lawyers like Dan Khwaja in Illinois are getting clearer and clearer about it. They hire experts who understand exactly how the notes are mechanically created and the endorsements are not real signatures. The key question is why would the notes have been fabricated and forged when there actually was a closing and a note was actually signed? We’re talking

Facially Invalid Recorded Documents

January 30, 2019

The view proffered by the banks would require them to accept declarations of fact from potential borrowers without any indicia of truth or reliability. It is opposite to the manner in which they do business. Currently they have it both ways, to wit: for purposes of borrowing you must submit documents that are facially valid without reference to external evidence and which can be easily confirmed but for purposes of foreclosure, none of those conditions apply. As part of the the scheme of “securitization fail” (see Adam Levitin) banks, servicers and third party vendors have been creating, fabricating and executing

MERS Is NOTHING — The Correct Translation of "MIN"

January 18, 2019

Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an assignment might be the utterance of a false instrument for purposes of recording, which in and of itself constitutes illegal activity. ============================== Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult or check

FLA S Ct Reverses Course on Homeowner's Award of Attorney Fees and Raises Other Issues for Defense of Foreclosures

January 8, 2019

For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence. The situation worsened when Florida and courts in other states turned down the homeowner’s demand for attorney fees after the homeowner had flat out won the case — especially where the case was dismissed for lack of standing. Here the homeowner once again wins, having advanced several defense narratives. The homeowner applies for recovery of attorney

Using TILA Rescission as Jurisdictional Issue

December 19, 2018

I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a court to make rescission effective you underline the correct premise that rescission has already occurred. All your pleadings after that should be based upon that premise or you undermine yourself. ============================== Let us help you plan for trial and draft your foreclosure defense strategy, discovery

How to Beat the Shell Game

November 19, 2018

The bottom line is that the foreclosures are a sham. The proceeds of the foreclosure never go into a REMIC Trust because there is neither a REMIC election nor a Trust, much less any entity that outright owns the debt, note or mortgage. In order to win, you must know that the securitization players use sham conduits and fictitious names at will, leaving an ever widening gap between the real and the unreal. It’s the gap that enables so many homeowners to win. Without getting too metaphysical about it, I am reminded by what Ghandi said when he won India’s

Fundamentals of Foreclosure

November 6, 2018

Probably the biggest mistake and most common mistake I ever made as a lawyer was by assuming certain things at the very beginning of a case. No case is more dangerous ground for assumptions than foreclosures. Let us help you plan for trial and draft your foreclosure defense strategy, discovery requests and defense narrative: 202-838-6345. Ask for a Consult. I provide advice and consultation to many people and lawyers so they can spot the key required elements of a scam — in and out of court. If you have a deal you want skimmed for red flags order the Consult and fill out

NY Monroe Case: Default entered against homeowner — CASE DISMISSED on Standing — US Bank Never refiled.

July 12, 2018

multiple choice robo-pleading NO PLEADING: HOMEOWNER WON ANYWAY I have held off on discussing this case until some time passed. As far as I now know US Bank, like several cases I won, has not refiled for foreclosure. There is a good reason for that. US Bank is not the Plaintiff. The Plaintiff is named as a REMIC Trust, for which the attorneys claim that US Bank is the Trustee. As such the Plaintiff does not own nor have any interest in the loan either as owner or servicer. Hence the named trustee (U.S. Bank) is named but it has nothing

Tonight! The Neil Garfield Show with Illinois Attorney Dan Khwaja — LOPEZ Case

June 14, 2018

US Bank v Lopez Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays It is always a pleasure to speak with an attorney who is an ardent advocate for consumers. And it is good to know they are out there even though everyone is complaining about not finding an attorney. Dan wins cases and motions because he fights every step of the way — but like every good litigator he thinks about the case before he writes or says anything. Here the note was sent for endorsement AFTER suit was filed. Truth

Tonight — Silent Roles of Fannie Mae and Freddie Mac — Hiding Behind the Obtuse

April 12, 2018

How to Withhold Vital Information from Homeowners Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays Charles Marshall, Attorney and Bill Paatalo, licensed investigator discuss the moral hazard created by the Government Sponsored Entities (GSEs) banks, the courts and the regulators in allowing “presumptions” to be used even when the actual facts are different from the presumed facts. Fannie and Freddie have long been a mystery wrapped in an enigma. Before false claims of securitization, before fabrication and forgery of documents, the GSEs had fairly clear role in the origination, servicing and

Adverse Possession vs Cancellation of Instrument and Quiet Title

April 11, 2018

In the final analysis, the only way to smoke out the banks on their fraudulent claims as “creditors” or “agents of creditors” is to create a situation where the creditor must be disclosed. In those cases where judges have ruled in discovery or ruled on the right to prepay, subject to identification of the creditor, the cases have all settled under seal of confidentiality. There are thousands of such cases buried under side agreements requiring “Confidentiality.” Let us help you plan your complaint, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make things a

Securitization and Standing

April 2, 2018

Like other decisions establishing the law of the land, the decisions of SCOTUS are often taken as advisory or optional. Nevertheless TILA Rescission and Article III standing have been affirmed by the Court of last resort. Reluctant judges in trial and appellate courts will get their hands slapped one more time but all the bad prior decisions and their consequences are neither reversed nor redressed. Standing is pretty easy — it must be alleged in facts that will be proven at trial. If it isn’t alleged or isn’t proven at trial, the Court lacks jurisdiction to do anything other than

New Florida Law Sneaks Under the Radar

March 21, 2018

BE CAREFUL HOW AND WHEN YOU FILE BANKRUPTCY PETITIONS Governor Scott, admits 30 other bills signed SB 220 into law. You can barely find it using search engines. The law is confusing at best and probably unconstitutional but here it is. The new law makes BKR filings by Petitioner into presumptions in judicial foreclosures — but only the filings of the Petitioner (raising all sorts of constitutional issues). The filings by parties claiming to be creditors do not raise the same presumption unless other legal presumptions should be applied. So now foreclosing parties can use the filings of the