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JUDICIAL NOTICE IS BEING USED AS A SUBSTITUTE FOR PROOF OF FACTS THAT ARE CONTESTED

2 Comments / burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, evidence, Fabrication of documents, foreclosure, Motions / By

The entire playbook of the banks and servicers consists of one underlying theme: to obtain foreclosures based upon presumptions that are contrary to the facts. GO TO LENDINGLIES to order forms and services Let us help you plan your answers, affirmative defenses, discovery requests and defense narrative: 954-451-1230 or 202-838-6345. Ask for a Consult. You will make …

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Breaking it Down: What to Say and Do in an Unlawful Detainer or Eviction

21 Comments / burden of persuasion, BURDEN OF PROOF, Eviction, foreclosure, Trail Objections, Unlawful Detainer / By

Homeowners seem to have more options than they think in an unlawful detainer action based upon my analysis. It is the first time in a nonjudicial foreclosure where the foreclosing party is actually making assertions and representations against which the homeowner may defend. The deciding factor is what to do at trial. And the answer, …

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WINDFALL TO BANKS: Credit Bid Still Not Drawing Attention to Defective Fraudulent Foreclosures

7 Comments / foreclosure / By

The only party that can make a credit bid (i.e., use the foreclosure judgment instead of paying cash) is one who is still a senior secured creditor as to the property being auctioned. In my review of the results of many auctions it is apparent that a credit bid was submitted by a party relying …

WINDFALL TO BANKS: Credit Bid Still Not Drawing Attention to Defective Fraudulent Foreclosures Read More »

Looming Title Problems from Fabricated, Fraudulent Forged Documents

8 Comments / foreclosure / By

The one thing that is perfectly clear is that at some point the state legislatures who govern title to property already have a huge problem brewing under their feet. There is no doubt in my mind, that the solution will follow the example of the Murphy Act in Florida when title became unintelligible some 80 …

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The Confusion Over Consideration: If they didn't pay for it, they have nothing against the property

170 Comments / CASES, Corruption, evidence, expert witness, foreclosure defenses, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, Servicer, Title, Trust Beneficiaries, trustee / By

There have been multiple questions directed at me over the issue of consideration arising from presumptions made about a note and mortgage that appear to be facially valid. Those presumptions are rebuttable and indeed in many cases would be rebutted by the actual facts. That is why asserting the right defenses is so important to …

The Confusion Over Consideration: If they didn't pay for it, they have nothing against the property Read More »

Challenging Deeds Issued After Auction (Sale) of Property

24 Comments / Corruption, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

One of the rewarding aspects of what I do is to see more and more people not only hopping on board, understanding securitization, but adding to the body of knowledge I have amassed. In the following article Bill Paatalo, who has done the loan level accounting for many of our readers, expands upon a topic …

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12 QUESTIONS THAT COULD END THE CASE

136 Comments / CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage / By

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 …

12 QUESTIONS THAT COULD END THE CASE Read More »

What Obama Still Has Wrong and Why the Recession Will Drag On for years

35 Comments / CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

It is encouraging that Obama is the police trying to get the housing and foreclosure situation resolved. But he is starting from a premise that is faulty just as Florida and other states are passing legislation from a similar premise, to wit: that the blame for title corruption, litigation and the court that is clogging …

What Obama Still Has Wrong and Why the Recession Will Drag On for years Read More »

The Truth: Was the Loan Sold or Not?

176 Comments / CDO, Corruption, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

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 …

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Foreclosure Bid Rigging at Its Worst: Tiffany and Bosco Reportedly Worst Offender

23 Comments / CDO, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

Challenging the Foreclosure Auction Process 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 …

Foreclosure Bid Rigging at Its Worst: Tiffany and Bosco Reportedly Worst Offender Read More »

Banks Could Owe Trillions on Fake Rigged Credit Bids

77 Comments / CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

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 …

Banks Could Owe Trillions on Fake Rigged Credit Bids Read More »

1.5 Million Seniors Foreclosed — Most Illegally

38 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

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 …

1.5 Million Seniors Foreclosed — Most Illegally Read More »

Ron Ryan Takes to the Next Level, Taking the Offensive

73 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

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). Ron …

Ron Ryan Takes to the Next Level, Taking the Offensive Read More »

DOJ: Bid Rigging at Auctions: The Achilles Heal of the Securitization Scam

27 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Click Now to Consult with Neil Garfield NOTE: For Legal Representation in Florida,  Ohio and California, please call our customer service number 520-405-1688 Editor’s Comment and Opinion: Frankly I think bid rigging is the rule rather than the exception. The number of “investors” popping up and buying these properties at auction, and the question of …

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With All the Settlements, What is Owed on Principal?

110 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

CREDITOR HAS BEEN PAID The complexity and shroud of mystery surrounding claims of securitizations, assignments etc can be simplified if you just look at the money. This is why I have forensic auditors who chase this information down. Call living lies customer service 520-405-1688 if you can’t find an adequate analyst of your own who …

With All the Settlements, What is Owed on Principal? Read More »

It's the title, Stupid!

283 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

“What is surprising is the fresh evidence these cases are turning up of cockeyed mortgage practices, during both the boom and the bust. As these matters are adjudicated, perhaps we will finally learn whether these practices were intended or accidental.” — Gretchen Morgenson, NY Times Editor’s Analysis: Gretchen Morgenson has latched onto the key element …

It's the title, Stupid! Read More »

MERS: No Agency with Undisclosed Rotating "Principals"

20 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

THE WASHINGTON SUPREME COURT DECISION WILL BE USED EXTENSIVELY AT THE EMERYVILLE AND ANAHEIM CLE WORKSHOPS. The Stunning clarity of the decision rendered by the Washington Supreme Court, sitting En Banc, corroborates the statements I have made on this blog and under oath that they might just as well have put the name “Donald Duck” …

MERS: No Agency with Undisclosed Rotating "Principals" Read More »

Fagan Strikes Again: CA Judge Connects failure to Comply With Discovery with Right to Foreclose

35 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Editor’s note: One of the tricks in civil procedure that has gone over the heads of some Judges is that the banks and servicers are refusing to comply with discovery, and while their refusal is subject to a later hearing they proceed with the foreclosure because there is no TRO. In this case, Judge Tarle …

Fagan Strikes Again: CA Judge Connects failure to Comply With Discovery with Right to Foreclose Read More »

Blomberg Celebrates New Revised Hogan

34 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

Blomberg Celebrates New Revised Hogan Read More »

DEFICIENCY JUDGMENTS AND ARBITRATION CLAUSES IN NOTES AND MORTGAGES

35 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

DEFICIENCY JUDGMENTS AND ARBITRATION CLAUSES IN NOTES AND MORTGAGES Read More »

Mass Supremes Declare Note and Mortgage Must Be Owned by Same Party

14 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop for Paralegals and Lawyers with Neil Garfield: Building a case book for each client that saves time rather than takes time. NEW! 2nd Edition Paralegal-Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – …

Mass Supremes Declare Note and Mortgage Must Be Owned by Same Party Read More »

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