I’m sharing the wording I use in my TERA and Case Analysis reports now. I think the benefit of this wording is that it fills in the blank on who is the real creditor (owner of the debt). Hopefully it answers the following informal question lurking in the context of mortgage litigation: “If the parties …
The answer is yes but the movement of the debt is often, all too often, presumed to have occurred. After more than a decade of research and analysis I find no support for the informal “doctrine” that the debt, note and mortgage can be used interchangeably. But the human inclination is to treat them the …
Does the Debt Need to Transfer with the Mortgage? Read More »
While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here for Keystone National Association was that they did not and never did own the loan — something revealed by the usual game of musical chairs that the banks use to confuse and obscure the …
“In order to establish its entitlement to enforce the lost note, PennyMac could establish standing “through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.” BAC Funding Consortium, 28 So. 3d at 939. PennyMac’s filings in support of its motion for summary judgment did not present evidence …
2d Florida DCA Knocks Down CitiMortgage – PennyMac Dance Read More »
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 …
Banks Fighting Subpoenas From FHFA Over Access to Loan Files Read More »
It is in court that the “loan contract” is actually created even though it is a defective illusion. In truth and at law, placing the name of the originator on the note and/or mortgage was an act of deceit. In a singular sweep of making public policy as opposed to following it, the Courts have …
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
New Mexico Supreme Court: No Standing for Deutsch Read More »
see FORECLOSURE, SECURITIZATION DON’T MIX ROCKY'S+ARTICLE+in+the+CAPE+COD+TIMES+February+21,+2015 As I write this, I have no recall of Mr. Ludden before today. BUT his article in of all places, the Cape Cod Times, struck me as astonishing in its concise description of the illegal foreclosures that are skimming past Judges desks with hardly a look much less the …
Rockwell P. Ludden, Esq. — A Lawyer who gets it on Securitization and Mortgages Read More »
Further information please call 954-495-9867 or 520-405-1688 No radio show tonight because of birthday celebration — I’m 68 and still doing this ============================== The enforcement of promissory notes lies within the context of the marketplace for currency and currency equivalents. The enforcement of mortgages on real property lies within the the context of the marketplace …
For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we …
Fur Further Information please call 954-495-9867 or 520-405-1688 ——————————– ALERT FOR BANKRUPTCY LAWYERS — SECURED STATUS OF ALLEGED CREDITOR IS NOT TO BE ASSUMED ——————————– I have long held and advocated three points: The filing of false claims in the nonjudicial process of a majority of states should not result in success where the same …
BAP Panel Raises the Stakes Against Deutsch et al — Secured Status May be Challenged Read More »
For further information please call 954-495-9867 or 520-405-1688 ———————————————- see AppellateOpinion Holt v Calchas 4th DCA decision The clear assumption in this case is that Wells Fargo had stepped into the shoes of the lender and that if Wells Fargo did not win or if its surrogate did not win, it was assumed that the …
Business Records Exception — The Loophole That Needs Closing Read More »
“Given the current environment where robo-signing became institutionalized as a practice even though it is the equivalent of forgery and where fabrication of documents by law offices and “document processors” were prepared according to a published menu of prices, why would anyone, least of all a court of law, apply general principles surrounding presumptions when …
Bank of America Ordered to Pay $1.2 BILLION for Fraudulent Mortgages Read More »
The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure …
Using the Best Evidence Rule As You Follow the Money Read More »
EDITOR’S NOTE: By popular demand I am writing a new workbook that is up to date on the theories and practices of real estate loans, documentation, securitizations and effective enforcement and foreclosure of the collateral (real property — i.e., the house). The book will be finished around the end of January. If you want to …
BeforeYou Open Your Mouth Or Write Anything Down, Know What You Are Talking About Read More »
Mellon Bank v Shaffer Ohio Appeals Ct Says You can’t Fix Jurisdiction In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed. This could have substantial effects on non-judicial states …
CHASE-WAMU MERGER CONSIDERED IN MICHIGAN COURT OF APPEALS AS NOT AN ASSIGNMENT. BOA FORECLOSURE DISMISSED AND REMANDED FOR LACK OF STANDING. And next is an interesting favorable decision in the State of Michigan entered June 6, 2013 but not yet published. Sobh-v-Bof-A, Chase et al Bank of America was found to LACK STANDING to Foreclose. …
Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers? How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE …
Unrhetorical Questions — Money, Lies and Accounting Records: Gander and Goose Read More »
http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for …
by Danielle Kelley, Esq., Senior Partner, Garfield, Gwaltney, Kelley and White: I moved to dismiss two cases on several grounds – one that the allonge was not “firmly affixed”. This will become an issue as the banks scramble to file pleadings under HB87 that show they have the Note. The 1st DCA has now admitted …
An Allonge is Not an Assignment: Do the research! Read More »
see https://livinglies.me/2013/04/29/hawaii-federal-district-court-applies-rules-of-evidence-bonymellon-us-bank-jp-morgan-chase-failed-to-prove-sale-of-note/ If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT …
If you are seeking legal representation or other services call our Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer the phone are NOT attorneys and NOT permitted to …
What to Do When the "Original" Note is Proferred Read More »
This question cuts both ways since homeowners have filed or tried to file various documents that cloud the title until a dispute is resolved. But the focus of today’s conference is on the filings by “new” beneficiaries and “new”substituted trustees” and deeds on foreclosures executed by “authorized signors” for the “Substituted trustees.” County Recorders are …
When Should County Recorders Refuse to Record Documents? Read More »
