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 »
Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt. Judgment on the note can be rendered based upon legal presumptions arising from the UCC as adopted …
I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center. I think a problem with TILA Rescission is that not even borrowers understand that the rescission issue is over. By asking a …
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 »
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 …
ARE LAW FIRMS CROSSING THE LINE FOR BANKS WHO WILL THROW THEM UNDER THE BUS? It is a chaotic circular round of documents emanating ultimately by, for and from the same parties. And somehow it is becoming custom and practice to allow law firm employees to sign important documents that transfer possession, delivery, ownership and …
For more information please call 520-405-1688 or 954-495-9867 ==================================== IF YOU ARE HAVING A CLOSING ON A REFI OR NEW LOAN BEWARE OF WHAT DOCUMENTS ARE BEING USED THAT WAIVE YOUR RIGHTS TO CONTEST WRONGFUL FORECLOSURES — GET A LAWYER!!! ==================================== http://www.creditslips.org/creditslips/2014/12/foreclosure-news-who-gets-to-decide-whether-a-state-is-a-judicial-foreclosure-state-or-a-non-judicia.html#more EDITOR’S NOTE: It is no secret that the Bank’s have a MUCH easier …
Mantor for Assessor/Recorder/Clerk of San Diego County Editor’s note: I don’t actually know Mantor so I cannot endorse him personally — but I DO endorse the idea of people running for office on actual issues instead of buzz words and media bullets. Mantor is aiming straight for his issue by running for the Recorder’s Position. …
George W. Mantor Runs for Public Office on "No More Dirty Deeds" Read More »
If you are seeking legal representation or other services call our South Florida customer service number at 954-495-9867 and for the West coast the number remains 520-405-1688. In Northern Florida and the Panhandle call 850-765-1236. Customer service for the livinglies store with workbooks, services and analysis remains the same at 520-405-1688. The people who answer …
"Conversion" of the Note to a Bond Leaves Confusion in the Courts Read More »
WELLS FARGO MAKES HUGE ERROR ADMITTING LACK OF POWER TO BIND CREDITOR TO MODIFICATIONS OR SETTLEMENTS The simple truth is that the banks are not nearly as interested in the property as they are in the foreclosure. It is the foreclosure sale that creates the illusion of a stamp of approval from the state government …
CHECK OUT OUR NOVEMBER SPECIAL Click Now to Consult with Neil Garfield DENY and DISCOVER: First you need to start with the premise that the origination (“closing”) documents were defective from the start. By naming the wrong payee and containing terms different from the terms agreed by the actual Lender (source of funds) specifically as …
Alignment of Parties and Cancellation of VOID Instrument Read More »
Consider this an add-on to the workbook entitled Whose Lien is It Anyway also known as Volume II Workbook from Garfield Continuum Seminars. Several Attorneys, especially from California are experimenting with a cause of action in which an instrument is cancelled — because it throws the burden of proof onto the any party claiming the …
In questions certified from the United States District Court, the Supreme Court of the State of Washington En Banc concludes that MERS is not and cannot be a lawful beneficiary under Washington State Law. They decline to opine on the effect of the decision but the effects are obvious. They essentially said that only the …
MERS GOES DOWN IN FLAMES IN WA SUPREME COURT DECISION Read More »
Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s Comment: Dear Kathleen, Thank you very much for taking my call this morning. The question that Neil F. Garfield, Esq. had asked AZ …
Discussion Started Between Livinglies and AZ Attorney General Tom Horne Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “ROYALTY” FEES FOR USE OF THEIR NAME UNDER SCRUTINY EDITOR’S COMMENT: Investors are starting to get restless as they see what is left of their “equity” in the MBS deals they advanced money to buy, dwindling to zero. They are onto the game …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE USDC CA Central -Sacchi-v-Mers-La-11-Cv11-01658-Ahm-Cwx-w EDITOR’S NOTE: Every time a Court actually looks at the documents, examines the pleadings and exhibits and asks the most basic questions, they rule in favor of the borrower. It’s not out of bias that they ruled as they …
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 …
ONE ON ONE WITH NEIL GARFIELD COMBO ANALYSIS TITLE AND SECURITIZATION EDITOR’S COMMENT: Judge Curley has been wrestling with these issues for more than 2 years. She has heard every argument, seen every memorandum, Expert Declaration (mine) and considered everything else possible. She was led to the inescapable conclusion that BOA’s position was a farce. …
J CURLEY AZ BKR CT: “No Docs To Show Ownership Of Loan Or Standing” Read More »
I HAD A QUESTION FROM ONE OF OUR BLOG READER-CUSTOMERS AND I REALIZED EVERYONE SHOULD SEE THE ANSWER. Chris: Your question is a smart one. Here is the deal. We provide the search capacity and if you want a complete analysis and accounting you’ll need to retain someone for that. we have that available if …
GET LOAN SPECIFIC RECORDS PROPERTY SEARCH AND SECURITIZATION SUMMARY because a foreclosure under a power of sale is not favored in the law and must be “watched with jealousy,” see In re Foreclosure of Goforth Props., 334 N.C. at 375, 432 S.E.2d at 859 (internal quotation marks omitted), we must conclude that the evidence presented …
Conservative NC Court of App: Power of Sale is Not Favored Under the Law Read More »
One of the interesting things about Arizona Law is that it is perfectly legal to tape record a telephone conversation without the knowledge or consent of the parties to that call. I have a tape recording of a conversation between a borrower up in Scottsdale and an officer of Deutsch bank who is in charge …
TAPE Recording Shows "Trustee" is NOT the party with Fiduciary Powers or Obligations Read More »
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 …
Editors’ Note: In response to my post on ID THEFT I received a number of comments and ideas. Here is one example of how someone stuck to the message and forced the issue using ID theft as a defensive tactic as well as preparing for an offensive response. Are you reading my mind? Out of …
There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem …
SEPARATION OF DEED OF TRUST FROM NOTE: Bellistri Opinion Read More »
