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 …
Thursdays LIVE! Click in to the EAST COAST Neil Garfield Show Or call in at (347) 850-1260, 6pm Eastern Thursdays see https://livinglies.me/2018/10/17/if-it-is-their-case-then-they-must-prove-it/ Foreclosure defense essentially boils down to three major categories. Procedural errors, lack of standing and absence of an actual creditor. * Procedural errors involve improper notice, improper accounting, and inconsistent documents. * As for no creditor …
TONIGHT! How to confront legal presumptions and get to the real facts. Read More »
As I have said since 2006, the burden of proof should not shift to homeowners until the pretenders have made their case. To get rid of legal presumptions homeowners need only prove a credible narrative (like probable cause) that the documents are fabricated or falsely executed. After that, what is the harm of making the …
Mortgage foreclosure is the civil equivalent of the death penalty. in criminal cases. Many court decisions have enthusiastically supported that notion and attached much more stringent rules to the enforcement of a mortgage or deed of trust than they use in enforcement of a note. That is, until the last 20 years. If you begin …
STANDING: THE CRUX TO DEFENDING FALSE CLAIMS OF SECURITIZATION OF MORTGAGE LOANS Read More »
For further information please call 954-495-9867 or 520-520-1688 ================================= A lot of the questions that come in to me relate to the issue of whether the ability to enforce a set of loan documents is a question of law or a question of fact. The answer, I think, is both. The confusion seems to be …
For further information please call 954-495-9867 or 520-405-1688 ============================== TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what …
Banks Brace for Pain: Statute of Limitations on TILA Rescission and TILA Claims Read More »
For more information please call 954-495-9867 or 520-405-1688 ========================= see http://www.foreclosuredefenseresourcecenter.com/top-f-foreclosure-defense-strategies-in-california/truth-in-lending-rescission/ I ran across an excellent article on rescission in mortgage cases that I think is a MUST READ for those who might be affected or entitled to use it. Check the link above. Make sure you check with a knowledgeable attorney licensed in the …
“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 »
Hat tip to Ken McLeod and to Ron Ryan who argued endlessly that the former ruling was wrong in Arizona. Ron Ryan is a good lawyer and Ken McLeod is a good investigator. Both have years of experience investigating, analyzing and fighting illegal foreclosures. Courts are catching on and as I have predicted, the ultimate …
RESCISSION REVIVED BY 9TH CIRCUIT COURT OF APPEALS Read More »
No, there isn’t a case yet. But here is my argument. The main point is that we are forced to accept the burden of disproving a case that had not been filed — the very essence of nonjudicial foreclosure. In order to comply with due process, a simple denial of the facts and legal authority …
Bloomberg Reports that the big banks are borrowing big time money using money market funds as source money for financing repurchase agreements. This stirs the obvious conclusion that the mortgage bonds — and hence the claim on underlying loans — are in constant movement making the proof problems in foreclosure proceedings difficult at best. The …
Banks Throw $20 Billion at Securitized Debt Market to Avoid Markdowns Read More »
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, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). Editor’s …
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Alabama Appeals Court Slams U.S. Bank Down on "Magic" Fabricated Allonge Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: 60 minutes staff easily found the key witnesses for prosecution of criminal and civil cases against Countrywide and Citi. Why haven’t the prosecutions taken place? And even more interesting is why have these witnesses not been interviewed — like the executive …
60 Minutes: Where are the prosecutions — We Found the Cases, Why Can't Prosecutors? Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: The movement now has a professionally produced newspaper worthy of readers who are hungry for the real news. The name, probably temporary, is the Occupy Wall Street Journal. In addition to live streaming video, daily newsworthy events as politicians try to …
"Occupied Wall Street Journal" Starts Printing the Truth Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM conformedcomplaint “They focused on short-term gains to increase their own compensation, with reckless disregard for WaMu’s long-term safety and soundness,” the agency said in the 63-page complaint. “The F.D.I.C. brings this complaint to hold these highly paid senior executives, who were chiefly responsible for WaMu’s higher-risk home lending program, …
Administrative Action You Can Use: F.D.I.C. Sues WAMU (now Chase) Ex-Chief Read More »
COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary The most persistent problem facing homeowners today is that in any challenge to the apparent “lender” there are presumptions that arise in the mind of the court in favor of the supposed creditor and against the homeowner. Using rescission as a procedural tool, along with …
submitted by Frank D’Anna Writ of Mandate 2 Frank D’Anna COMMENT: I don’t know if Frank got help, but however he did it, this is a fine piece of work. He obviously understands that if you want to take an appeal, you must state a reason that the trial court erred. If you want to …
The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff …
Re-Orienting the Parties to Clarify Who is the Real Plaintiff Read More »
In Court, a prima facie case is, in plain English, the completion of a party’s burden of proof. That means if you are seeking AFFIRMATIVE relief from the Court, then you have the burden of proving your case. In order to prove your case you must present evidence. Your evidence must conform to the legal …
Investment banks bundled mortgage loans into securities and then often rebundled those securities one or two more times. Those securities were given high ratings and sold to investors, who have since lost billions of dollars on them. Editor’s Note: The significance of this report cannot be overstated. Not only did the investment bankers LOOK for …
The problem is that a statute passed for judicial economy is now being used to force the burden of proof onto the borrower in the foreclosure of their own home I think the main issue in non-judicial states is what does “non-judicial” mean. I think in your argument you do NOT want to concede that …
Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity …
“Plaintiff Mortgage Electronic Registration Systems, Inc.’s foreclosure action is DISMISSED for lack of standing. Accordingly, the Court’s Order, issued August 27, 2009, granting plaintiff’s Motion for Default Judgment against the defendants Frank and Ellen Johnston is VACATED. The dismissal of the foreclosure action is without prejudice as to allow the proper plaintiff to come forward.” …
Vermont Judge Sua Sponte Knocks Down MERS on Standing Read More »
