MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE CERVANTES 9TH CIRCUIT OPINION DISTINCTION BETWEEN LENDER AND BENEFICIARY ROOT OF MESS DARREL BLOMBERG points out that the 9th Circuit might be just as confused as trial judges about MERS. The Court acknowledges in the opinion that MERS owns nothing and in …
CERVANTES OPINION CONTAINS ERROR ON MERS' LEGAL TITLE Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE TRUSTEE LIABILITY FOR DAMAGES MIGHT BE THE NEXT MAIN THRUST OF HOMEOWNER LITIGATION SEE \”NO BIDDER\” BIDDING IN MISSOURI: TRUSTEE ACTS FOR THE BANK IN VIOLATION OF STATE LAW Anyone familiar with the writing on this blog knows that I have grave reservations …
TRUSTEES, ACTING FOR BANKS, ISSUE DEEDS TO NONEXISTENT BIDDER Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 127nevadvopno40 A number of juicy points here, but the main one I find interesting is that they remanded Wells to the lower court for imposition of sanctions. Why? Because they didn’t produce the documents showing they were the creditor. And they can’t go …
NEVADA S. CT.: CREDITOR MUST ESTABLISH ITSELF AT MEDIATION OR FACE SANCTIONS Read More »
Your Client’s Securitized Mortgage: A Basic Roadmap PART 3: Dealing with Notes and Assignments [2009-11-19] Your Client’s Securitized Mortgage: A Basic Roadmap By O. Max Gardner, III and Richard D. Shepherd Part 3: Dealing with Notes and Assignments There are two basic documents involved in a residential mortgage loan: the promissory note and the mortgage …
Part III of Gardner and Shepherd: Notes and Assignments Read More »
MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE VIDEO: HOW COULD THE TITLE COMPANY AND BOA CLOSE ON A LOAN WHERE THE BUYER DID NOT GET TITLE? At first …
MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR …
NY APPELLATE COURT: MERS IS A FICTIONAL CHARACTER — LIKE DONALD DUCK Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! click-here-to-register-for-seminar WHY YOU NEED TO ATTEND GARFIELD CONTINUUM SEMINAR If you don’t understand why the bundling of mortgages at the level of the investment banks is important to your case(s) involving securitized mortgages, then you don’t “get it” yet. …
NY and DE Examine Trust Documentation: Pandora's Box Open Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS …
GAME OVER? VEAL CASE VINDICATES EVERY POINT REPORTED ON LIVINGLIES Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Dear Scott, and all ‘Consumers’ stop being bullied! Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”? Consumers are in danger of …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The argument for separation of the note from the mortgage is finding a lot of resistance from the Bench, as Ron Ryan writes below. I agree with him up to a point. The fact remains that at the very start of …
SEPARATING THE NOTE FROM THE OBLIGATION: TOO ESOTERIC FOR JUDGES Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE PRETENDING TO MODIFY WHILE SETTING HER UP FOR FORECLOSURE BORROWERS BEWARE: MODIFICATION PROCEDURE, UNLESS IT IS UNDER COURT ORDER IS A RUSE TO GET YOU FURTHER INTO DEFAULT EDITOR’S NOTE: She’s not the first by a long shot, but this case shows …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Fontes-MEMO-9th Ciruit BAP – Judge Jury a Member of the Panel The collateral benefit MUST go solely to the homeowner. If the creditor chooses not to exercise any right or intention to collect, it is not a license for ANYONE to come in …
9th Circuit BAP: HSBC, ASC Not Real Party In Interest, No Standing, MERS Has No Interest Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “What we are seeing is a paradigm shift where Judges are no longer afraid to see homeowners win.” — Neil F Garfield LIVINGLIES ORDERS STAFF TO “DOUBLE DOWN ON DETAILS” FAULTY LEGAL DESCRIPTION STRIPS LIEN FROM HOUSE It will be interesting to see …
CA MAN WINS HOUSE FREE AND CLEAR: UD JUDGMENT FOR HOMEOWNER VACATING "SALE" Read More »
MOST POPULAR ARTICLES GET FORENSIC LOAN ANALYSIS AND THEN PURCHASE COMBO GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The battle liens are drawn: either the pretender lenders with nothing at stake except satisfaction of greed or the homeowner -borrowers who were duped by fraudulent appraisals and other predatory and fraudulent lending practices are …
WSJ: BANK STOCKS TUMBLING ON DOUBTS THAT MORTGAGES ARE ENFORCEABLE Read More »
MOST POPULAR ARTICLES GET FORENSIC LOAN ANALYSIS AND THEN PURCHASE COMBO GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTES: Maybe Lehman management is flipping for the prosecution. The fact remains that there is growing doubt whether there is any justification for putting a value on mortgages that are unenforceable and therefore whether …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Herrera v Deutsch 5-31-11 Cal 3rd District SEE HERRERA DECISION GOES PUBLIC MAKING IT BINDING ON OTHER COURTS The Substitution of Trustee recites that the Bank “is the present beneficiary under” the 2003 deed of trust. As in Poseidon, this fact is hearsay …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “We’re a nation of laws. Everyone knew that MERS didn’t have the right to appear as a beneficiary, but it would have been inconvenient to act on this because MERS was in widespread use throughout the banking industry. It was wrong, wrong, wrong, …
WAKE UP CALL: COMPTROLLER OF THE CURRENCY STOPS MERS DEAD Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WHY YOU NEED TO ATTEND OUR SEMINAR WHAT IS A SECURITIZATION SEARCH? Hopefully any securitization search will include all public records information that either name or describe your loan, and any information public or private that contains clues to what was done with …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Funny how things come full circle. Back in the 1970’s, 80’s and early 90’s I was heavily involved in representing hundreds of associations for homeowners — condominium, cooperative, and homeowner associations. I litigated everything from recreation leases, construction defects, to liens for unpaid …
Homeowner Association Liens Might be More Valuable Than Anyone Realizes Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE 56545204-MBIA-v-MS-DENIED-w It is interesting how the same allegations made by an institution are taken more seriously. In fact, the Court leaves in the prayer for punitive, consequential and future damages. Here MBIA is suing Morgan Stanley for lying about the risks and the …
MOTION TO DISMISS DENIED: FRAUD ALLEGED V MORGAN STANLEY Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The truth is that the “home retention” or “modification” programs are a farce. They are merely a cover for the actual plan in effect which is to get as many houses in their pocket before the reality of the illegality of …
GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM JOHN GALT, BUT ATLAS IS STILL SHRUGGING I’m taking this as an invitation to discuss the fact and ramifications of the noteowner NOT being a holder in due course (one who takes a note, for instance, with notice of its dishonor, i.e., it’s in default …
GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Here is our problem writ large. The commentary written by Shedlock (see below) is basically on the side of punishing the banks for their wrongdoing, but not giving any relief to borrowers. The logic behind the position is that anyone who does not pay …
Foreclosure-Gate Screw Tightens: Banks Face $17 Billion in Suits Over Foreclosures Read More »
