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The missing second witness —Attacking the Business Records of A Servicer: Start with the fact that the company is self-proclaimed servicer with no proof of authority and then pivot to the absence of records establishing the debt as an asset.

8 Comments / BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, Fabrication of documents, foreclosure, foreclosure mill, hearsay, legal standing, Mortgage, Presumptions, prima facie case, sham transactions, Trust Beneficiaries / By

Excellent article written by attorneys at Blank Rome on the issue of Business Record exceptions to the hearsay rule. The hearsay rule is simple. It excludes from evidence any statement that is uttered out of court — whether that statement is in writing or was made orally. see https://www.jdsupra.com/legalnews/florida-supreme-court-resolves-conflict-20649/ So here is what it looks like …

The missing second witness —Attacking the Business Records of A Servicer: Start with the fact that the company is self-proclaimed servicer with no proof of authority and then pivot to the absence of records establishing the debt as an asset. Read More »

How to Challenge The Credibility of Documents Offered to Support Foreclosure

2 Comments / boarding process, burden of persuasion, burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure mill, forensic investigation, forgery, investment banking, Investor, jurisdiction, legal standing, Mortgage, Presumptions, prima facie case, Servicer, sham transactions, standing, TRIAL OBJECTIONS / By

Legal presumptions are not meant to be used as a means for achieving an illegal or unjust result. But they do exactly that when apparently facially valid documents are left unchallenged. A successful challenge to the credibility of the source of documents initially filed in foreclosure will end the case in favor of the homeowner. …

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Fla 2d DCA: HELOC Instrument Not Self-Authenticating Article 3 Note

4 Comments / burden of pleading, BURDEN OF PROOF, CASES, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, hearsay, legal standing, originator, Pleading, Servicer / By

Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow.  And that is the point here. They came to court without evidence and in this case the court turned them away. …

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Ocwen Boarding Process Was Shot Down Last Year

6 Comments / boarding process, foreclosure, hearsay, legal standing, standing / By

As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction, and it means something different to every entity,” Butchko ruled from the bench during a March 17 hearing. Ocwen does not verify any of the data. It downloads it and then “calls it …

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PROOF OF STANDING REQUIRED: SEFFAR v. RESIDENTIAL CREDIT SOLUTIONS INC

11 Comments / foreclosure / By

It is NOT enough to ALLEGE standing. They must PROVE it. Judges across the country are making mistakes with this simple concept. Standing to SUE is presumed if you allege (in words or by incorporation of exhibits) that you have it. Possession of the “original note” can be alleged but at trial the foreclosing party …

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"Resecuritization"

2 Comments / foreclosure / By

the basic thrust of the defense is to point out what is absent rather than attack what is not absent. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.   THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER. —————- As predicted …

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The Affiant who googled Bank of New York Mellon had "Standing"

8 Comments / foreclosure / By

By William Hudson Just because you can thread a needle and replace the button on your shirt, doesn’t mean you should attempt your own vasectomy. Furthermore, just because you faithfully read LivingLies on a daily basis doesn’t mean you should organize a national Qui Tam foreclosure defense action. Despite the sophisticated knowledge necessary to testify …

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4th DCA Florida gets It!! Judgment Reversed for Borrower! HSBC Goes Down in Flames

36 Comments / foreclosure / By

For More Information please call 954-495-9867 or 520-405-1688 This is not a legal opinion on your case. Get a lawyer. ===================================== This case is important for many reasons: It is short. While that seems inconsequential, it seems highly significant to me that the 4th DCA would reverse the trial judge and direct entry of judgment …

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What is Evidence or Proof of the Existence of the REAL Loan?

58 Comments / foreclosure / By

For additional information or assistance please call 954-495-9867 or 520-405-1688. ———————————— It is a complicated answer. The following is NOT a comprehensive answer which would the length of a treatise. see also Fla 4th DCA Beauchamp v Bank of New York Mellon, J Shahood reversed — Beauchamp v BONY-Mellon The Beauchamp case brings to the …

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Why Is the PSA Relevant?

57 Comments / AMGAR, CDO, Corruption, escrow agent, evidence, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, originator, Pleading, Servicer, Title, Trust Beneficiaries, trustee / By

Many judges in foreclosure actions continue to rule that the securitization documents are irrelevant. This would be a correct ruling in the event that there were no securitization documents. Otherwise, the securitization documents are nothing but relevant. There are three scenarios in which the securitization documents are relevant:  The party claiming to be a trustee …

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Why Are Trusts Alleging Holder Status and Not Holder in Due Course?

17 Comments / AMGAR, Corruption, discovery, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, Pleading, securities fraud, Servicer, Statutes, Title, Trust Beneficiaries, trustee / By

THEY ARE ADMITTING THEY DIDN’T PAY FOR THE LOAN THIS CORROBORATES THE ALLEGATION THAT THE TRUST WAS UNFUNDED IF THE TRUST WAS UNFUNDED IT COULD NOT HAVE ORIGINATED OR ACQUIRED THE LOAN In situations where the alleged REMIC Trust is the party initiating foreclosure, you will find in most instances that they are alleging that …

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Using the Best Evidence Rule As You Follow the Money

8 Comments / AMGAR, Corruption, discovery, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, Modification, Mortgage, Pleading, Servicer, Statutes / By

The Best Evidence Rule in Florida and Federal Courts Applied to Notes, Mortgages and Assignments The problem with foreclosure litigation is that the homeowner is dealing with rebuttable presumptions about the testimony and the documents admitted into evidence. They are admitted into evidence because there is no timely objection from the homeowner or the foreclosure …

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Fla 4th DCA Provides Short Lesson on Business Records Exception to Hearsay Rule

69 Comments / CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage / By

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 …

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How Do I Use an Expert Declaration?

42 Comments / AMGAR, CDO, Corruption, Eviction, evidence, expert witness, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, Servicer / By

With judges under pressure to clear their calendar, the strategy of the banks in delaying prosecution of foreclosure cases is coming to an end. And the opportunity for the borrower, as well as a good reason for action, has just begun. An aggressive approach is more likely to yield good results than any strategy predicated …

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Hawaii Federal District Court Applies Rules of Evidence: BONY/Mellon, US Bank, JP Morgan Chase Failed to Prove Sale of Note

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

This quiet title claim against U.S. Bank and BONY (collectively, “Defendants”) is based on the assertion that Defendants have no interest in the Plaintiffs’ mortgage loan, yet have nonetheless sought to foreclose on the subject property. Currently before the court is Defendants’ Motion for Summary Judgment, arguing that Plaintiffs’ quiet title claim fails because there …

Hawaii Federal District Court Applies Rules of Evidence: BONY/Mellon, US Bank, JP Morgan Chase Failed to Prove Sale of Note Read More »

Finally: Federal Judge Challenges Consitutionality of Colorado Foreclosure Law

58 Comments / Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Mortgage / By

In a case that is bound to be watched and probably the first of many to come, a Federal Judge found that the constitutionality of the greased lightening judicial sale is probably unconstitutional and cancelled the sale of a home in foreclosure. U.S. District Judge William Martinez issued a preliminary injunction against the sale of …

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What to Do When the "Original" Note is Proferred

341 Comments / bubble, CDO, Corruption, currency, 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 …

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Banks Keep Winning, But Borrowers Are Picking Up the Pace

36 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). Editors’ …

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Trick Questions From the Judge

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

Click Now to Consult with Neil Garfield DENY AND DISCOVER AND MAKE THE COURT FOLLOW THE RULES I had a question from a reader recently that got me to thinking about the rules of civil procedure for which I received the book award when I was in law school. I’m not boasting, I’m apologizing for …

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Alignment of Parties and Cancellation of VOID Instrument

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

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 …

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Foreclosure Strategists: Special Guest: Neil F Garfield: Evidence

1 Comment / foreclosure / By

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 – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to …

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