Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins …
NOTE: This case reads like law review article. It is well worth reading and studying, piece by piece. Judge Marx has taken a lot of time to research, analyze the documents, and write a very clear opinion on the truth about the documents that were used in this case, and by extension the documents that …
What is the difference between the note and the debt? What difference does it make? Read More »
Are Assignments Based Upon Aggregated Pools Real? Thursdays LIVE! Click in to the The Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays East-West: Charles Marshall California Attorney co-hosts the discussion The bottom line is that the courts are not accepting denials of assertions or allegations by the foreclosing party. The courts are …
TONIGHT! Aggregation and Assignments on the Neil Garfield Show Read More »
Posted by Bill Paatalo on Mar 4, 2018 https://bpinvestigativeagency.com/foia-request-reveals-servicers-justification-for-fraud-in-obtaining-limited-power-of-attorney-from-fdic/ See: FDIC FOIA Response – IndyMac LPOA Servicer Request 2017 This FOIA response from the FDIC dated June 29, 2017 contains a request to renew CIT Bank, N.A.’s “Limited Power of Attorney” from the FDIC regarding the failed IndyMac Bank, fsb and IndyMac Federal Bank, fsb. The …
The thousands of trial court and appellate decisions that have hung their hat on illegal assignments being “voidable” demonstrates either a lack of understanding of common law business trusts or an adherence to a faulty doctrine in which homeowners pay the price for fraudulent bank activities. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message …
For the past 15 years there has been a huge chasm between what a document says and what actually occurred. In foreclosure settings, the conscious decision has been made to ignore the Truth and proceed on the falsehoods promulgated by the banks. This arises from the “national security” fear that if the banks are not …
One of the interesting things that nobody is talking about yet is the fact that the “business records” are either not complete or the foreclosing party is producing documents that serve its purpose when it knows that it holds documents that would negate the very proposition they are proffering in court. Get a consult! 202-838-6345 …
Documents You Might Not Have Asked For Could be Key to Case Read More »
This is just the beginning of what I have been predicting for 10 years. When the public finds out that the government itself is addicted to the false scheme of securitization — and that this has led to abandonment of policies and rules of law that have continued to depress the U.S. economy — the …
New York Judge Orders Release of Hidden Documents Read More »
Probably the most important comments from judge Boyco relate to the fact that (1) these cases are about money for the banks (or whoever is claiming to be the successor to an originator who may or may not have actually loaned money to the homeowner) and (2) these cases are about forfeiture as it relates …
For further information please call 954-495-9867 or 520-405-1688 The following article is for general information only. Slight changes in facts or procedures at trial can have a substantial impact on the conclusions or reports suggested in this article. This is not a legal opinion on your case. Before making any decision or taking any action, …
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 …
Click to tune TONITE in on The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays LET’S PROCEED STEP BY STEP. – Based upon actual documentation filed with the SEC 1. let’s assume that the mortgage is defective because it was not perfected. The note described a party who was not the creditor …
bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …
New Mexico Supreme Court Wipes Out Bank of New York Read More »
Maybe this should have been divided into three articles: Saldivar: Texas BKR Judge finds Assignment Void not voidable. It never happened. Erobobo: NY Judge rules ownership of note is burden of the banks. Not standing but rather capacity to sue without injury. SEC Orders Credit Suisse to disgorge illegal profits back to investors. Principal balances …
CHECK OUT OUR EXTENDED DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, Tennessee, Georgia, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than …
“Ms. Brown admitted to participating in the falsification of more than a million documents.” What’s the Next Step? Consult with Neil Garfield CHECK OUT OUR NOVEMBER SPECIAL For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, …
Wall Street is gearing up to buy properties en masse from Fannie, Freddie and other holders (including the Federal Reserve. The question for these investors is what are they buying and what are they doing? I think these sales represent an attempt to create a filler for an empty hole in the title chain. we …
BULK SALES OF MORTGAGE LOANS: WHAT ARE THEY BUYING? Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It appears as though Fannie Mae is trying to give some wiggle room to banks and servicers under the guise of new guidelines. But State law prevails and the guidelines are only effective as a matter of contract between FANNIE and …
CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM SEE MANN order_br_cally_so_dist_salazar_vs_us_bank_denying_mfrs_mers_4_11_2011 Bankruptcy Judge Margaret M. Mann GETS IT! 1 Posted by Dan Edstrom on April 12, 2011 at 8:19 pm Bankruptcy Judge Margaret M. Mann GETS IT! By Daniel Edstrom DTC Systems, Inc. Coming off of the heels …
ANOTHER CALIFORNIA BANKRUPTCY JUDGE SLAMS PRETENDER LENDERS AND MERS Read More »
SERVICES YOU NEED EDITOR’S NOTE: Well it has finally happened. Three years ago I couldn’t get a single lawyer anywhere to consider this line of work. I predicted that this area of expertise in their practice would dwarf anything they were currently doing including personal injury and malpractice. I even tried to guarantee fees to …
Therefore they cannot convey any interest in a note, mortgage, debt or obligation since they expressly do not own it and in fact openly disclaim it. And stating the obvious the decision says that that note is payable to a specific payee. It must therefore be endorsed by that payee for it to be transferred. …
That NOTICE OF DEFAULT is probably not what it appears. It is probably an unauthorized document based upon incorrect financial data, and fabricated or useless documents. That ASSIGNMENT might look good on its face but it probably has no legal effect. California Reconveyance is suspect for the following reasons The notice of default usually says …
California Reconveyance is suspect for many reasons Read More »
It looks bad for the Florida Banker’s Association (FBA) effort to convert Florida into a non-judicial foreclosure state. Wrong time in the wrong place under the wrong circumstances. Attorney Weidner was seen on TV giving instructions to homeowners to have them lobby legislators who were not too keen on the idea anyway, but you can …
The bad news is that the Court mistakenly assumes that MERS must be the party to enforce because the MERS assignment was backdated. MERS specifically and publicly disclaims any interest in the mortgage, note or obligation. How can MERS assign something it disclaims? MERS internet site and promotional literature all say the same thing — …
Court Denies Motion to Dismiss and Holds Backdated Mortgage Assignments May be Invalid Read More »
