INTERESTING NUCLEAR OPTION: “A credit bid submitted by anyone, whether authorized or not, might well be an admission (or at least a question of fact allowing the homeowner to go forward in discovery) that the amount owed was far less than the amount demanded in the Notice of Default and demands for collection. The point …
Credit Bids and Claims for Overage or Wrongful Foreclosure by Borrowers 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 …
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 …
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Featured Products and Services by The Garfield Firm For PARALEGALS LAWYERS HOMEOWNERS NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney-Paralegal Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer …
Information vs. Evidence: Challenge to Affidavit in Support of Summary Judgment Read More »
Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Editor’s …
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Az Statute on Mortgage Fraud Not Enforced (except against homeowners) Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Editor’s Note: The New York Times editorial makes a good point. Many Judges are elcted and even those who are appointed are frequently appointed by elected officials. Having money pour into these campaigns from banks and servicers, which is what is happening, will …
Citizens United Threatens Independence of Judicial System — Tennessee Answer to Problem Read More »
MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Chris has distilled the discovery requests down to what he feels are the essentials. My focus is evolving toward the actual money trail because I think it is there that we will find that no money exchanged hands in connection with …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FOLLOW THE MONEY TRAIL Editor’s Comment: Here is a firm that believes the Banks don’t have the goods and is willing to go after it. They also show some courage and tenacity in going on the offensive, which is where all of the …
WINNING FORECLOSURE TRIALS: BOA Loses Another One in Brevard County Florida Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: The Courts are bending toward the borrower. Here the homeowner alleged in an affirmative defense that they had not been giving proper notice of default and therefore the foreclosure was at the very least premature. But the Court, instead of leaving …
FLA 2D DISTRICT: LACK OF NOTICE AFFIRMATIVE DEFENSE GIVES RISE TO MATERIAL ISSUE OF FACT Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE What is the name of the pool What is the EIN of the pool Who actually acts in the capacity of Trustee in that they report and/or distribute funds What IRS Form is used to send an end of year tax statement to …
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE New York AG Schneiderman Comes out Swinging at BofA, BoNY Posted By igradman On August 5, 2011 (4:28 pm) In Attorneys General This is big. Though we’ve seen leading indicators over the last few weeks that New York Attorney General Eric Schneiderman might …
SPECTRE OF FRAUD OF ALL TYPES HAUNTING BOFA, CITI, CHASE, WELLS ET AL Read More »
MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Research and reporting on robo-signing is no substitute for the COMBO title and securitization search, report and analysis. It is a valuable adjunct to it. The COMBO provides the context in which the presence of robo-signing can be shown to be important — …
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 “Regardless of decisions on standing and whether or not “real party in interest” is jurisdictional, a favorable decision to the “bank” (pretender) …
DISCOVERY: BKR JUDGE FINDS CITI EVIDENCE "INCONSISTENT" AND ORDERS REAL ANSWERS Read More »
GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE see www.housingwire.com for full story. EDITOR’S NOTE: When the walls start to crumble as they are at Goldman, BOA, Citi and Chase, the biggest fear that emerges is who is going to “flip” and turn into the prosecution’s star witness. Then the race starts to be …
GOLDMAN SACHS EXECS BRACE THEMSELVES FOR SUBPOENAS Read More »
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM “By keeping the servicers at the head of the line, the illusion of securitization is maintained. That illusion serves as the basis for assuming there is a legitimate debt that the borrower is refusing or can’t pay. Without the illusion, and sticking with the facts we have an obligation …
BLOOMBERG: BOA TRYING DIVIDE AND CONQUER STRATEGY Read More »
SERVICES YOU NEED “Linda M. Tirelli, a lawyer in White Plains who represents Ms. Nuer in the case against Chase. “This is not about getting a free house for my client. It’s about a level playing field. If I submitted false documents like this to the court, I’d have my license handed to me.” “Judges …
EDITOR’S NOTE: Lest people think I invented this whole field of law just because I’m loudest about it, here is a post from Max Gardner, who only a few days after I started this blog had already figured out everything I had figured out and was already doing something about it. Max Gardner’s Top Reasons …
Max Gardner’s Top Reasons for Wanting a Pooling Servicing Agreement Read More »
SHELL GAME CONTINUES. WHO HAS THE BOND? WHO HAS THE RECEIVABLE? WHO HAS THE SECURITY INTEREST? WHO IS GETTING PAID? WHERE ARE THE MONTHLY PAYMENTS GOING? FANNIE MAE AND FREDDIE MAC ARE BIG PLAYERS, AS IS THE FEDERAL RESERVE. ARE THEY THE ONES REALLY FORECLOSING UNDER COVER OF SECURITIZATION? EDITOR’S NOTE: Another entry under the …
SUBMITTED BY M SOLIMAN EDITOR’S NOTE: Soliman brings out some interesting and important issues in his dialogue with Raja. The gist of what he is saying about sales accounting runs to the core of how you disprove the allegations of your opposition. In a nutshell and somewhat oversimplified: If they were the lender then their …
MERS, POOLING AND SERVICING AGREEMENT, ACCOUNTING….GREAT , NOW WHAT? Read More »
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 »
