“THE EFFECT ON THE NATION, AND THE EFFECT ON THE NUMBER OF AMERICANS DIRECTLY AND PROFOUNDLY IMPACTED BY THIS FRAUD EXCEEDS THE REACH OF OSAMA BIN LADEN. THE PATRIOTIC THING TO DO IS TO CHALLENGE THE LENDERS, CHALLENGE THE TRUSTEES, CHALLENGE THE COURTS, CHALLENGE THE SHERIFF, CHALLENGE THE TITLE, CHALLENGE THE NOTE, CHALLENGE THE NOTE, …
Foreclosure Defense: Most Common Question: Domestic Financial Terrorism Read More »
Government: If you think our problems are bad, wait until you see our solutions. Note: If you are planning to attend it would be wise to book now. Experience has shown us that sometimes a large number of lawyers show up at these workshops intending to register at the door. We don’t want you driving …
ALL OF THESE FORECLOSURES ARE TAINTED BY THE PROBABILITY THAT EVERYONE HAS RECEIVED PAYMENT BUT THEY ARE TRYING TO GET THE PROPERTY TOO AS WINDFALL TO ONE OR MORE OF THESE FRAUDULENT PLAYERS. THE BORROWER IS LEFT HOLDING THE BAG WHILE EVERYONE ELSE GETS PAID OR BAILED OUT. One of the issues I am repeatedly …
FORECLOSURE DEFENSE: "RECORDS" FREQUENTLY DON'T EXIST UNTIL REQUIRED IN LITIGATION Read More »
By Kevin McCoy, USA TODAY Mortgage lenders are abusing the bankruptcy court system by pursuing unjustified foreclosures against struggling homeowners, piling on questionable fees and misstating the amounts owed, witnesses alleged at a congressional hearing on Tuesday. The result is a systemic breakdown that increases foreclosures, raises the number of families losing their homes and …
LIS PENDENS — see usury, Temporary Restraining Order, Lawsuit, Burden of Proof (1) Latin for “a suit pending.” The term may refer to any pending lawsuit. (2) A written notice that a lawsuit has been filed concerning real estate, involving either the title to the property or a claimed ownership interest in it. The notice …
Foreclosure Offense and Defense: Lis Pendens, Usury and California Exemption for "Banks" Read More »
They might have meant to do it and they might not have thought of it, but the effect of the funding created by The Federal Reserve that bailed out the investment banks so that the investment banks could bail out the investors in ABS certificates, is that the mortgages and notes are satisfied twice over …
Foreclosure Defense: Fed Bailout Discharges Mortgage Liability Read More »
I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER “ABOUT NEIL GARFIELD” AND ELSEWHERE AS POSTED BY MARIO KENNY. HE’S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY …
Foreclosure Defense and Offense: A Duty to Disclose and a Duty to Record Read More »
I SUGGEST THE READER TAKE A CLOSE LOOK AT THE COMMENTS SECTIONS UNDER “ABOUT NEIL GARFIELD” AND ELSEWHERE AS POSTED BY MARIO KENNY. HE’S DONE A LOT OF WORK FOR ALL OF US. THANK YOU MARIO. HE SHOWS WHERE THE SEC REPORTING CONTAINS ALL YOU NEED TO KNOW, IN SWORN DOCUMENTS. YOU SEE, IF THEY …
FORECLOSURE DEFENSE: EVIDENCE — Knowing the Rules Read More »
CONFLICT OF LAWS: Most states have adopted the Uniform Commercial Code without making any revisions. The UCC is an outgrowth of the Uniform Code arising from the Hague conventions. Thus the laws concerning indorsement, transfer, accommodation and assignment date back hundreds of years from common law from over 30 countries. Variance in application of these …
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, DEUTSCHE BANK NATIONAL TRUST COMPANY , AS TRUSTEE Plaintiff, Case No.: vs. DIVISION: 02 . xxxxxxxxCITIBANK, FSB, UNKNOWN TENANT(S) IN POSSESSION #1 AND #2 et al Defendants. ____________________________________/ DEFENDANT’S EMERGENCY MOTION TO VACATE …
Foreclosure Defense: Motion to Vacate Final Default Summary Judgment Read More »
OK, I admit it, I didn’t know what it was either. But someone of higher linguistic ability than me referred to it as though I knew what it was. So I looked it up and sure enough it not only was appropriately used by him, it is the BEST word to describe the relationship between …
What is amazing about this win, is that it took place long after sale, long after evictions proceedings had been tried and tried again. Good Going Legal Aid! Hello Neil, Per our conversation yesterday, I just wanted to let you know that I won my court case today for the Unlawful Detainer against me. My …
Legal Aid Lawyer WINS after Sale!! One small step…..VICTORY in California Read More »
events-coming-up-for-garfield-continuum-and-garfield-handbooks LAYMAN SEMINAR IN SANTA MONICA 9/3/08 CLICK HERE TO SIGN UP Debtors Win Victories Against Mortgage Servicers posted by Katie Porter In the last few weeks, several courts have issued opinions ruling that mortgage servicers’ actions have harmed consumers. Some of you follow this issue closely, but if you need an introduction, I’ve previously …
Foreclosure Defense: Debtors Win Victories Against Mortgage Servicers Read More »
Let them eat cake: Ex-Countrywide exec takes family on African Vacation … on Countrywide’s jet Posted Aug 3rd 2008 11:40AM by Julie Tilsner Filed under: Bank of America (BAC), Countrywide Financial (CFC), Rich in America Some things never change. David Sambol, the out-going president of kaput mortgage giant Countrywide Financial Corp., is taking his family …
QUESTION/COMMENT: ANSWERS IN BOLD A client in NorCal was referred to me. She took out an 80/20 loan first and second for about $650,000 total in 2005. She has paid over $150,000 towards interest, payments and fees. SEE APPRAISAL FRAUD, CNN ARTICLE FOR 2005, APPRAISAL FORUM SPEECH FROM 2006, RECENT POSTS. TITLE COMPANY/TRUSTEE, LENDER AND …
FORECLOSURE DEFENSE AND OFFENSE DISCUSSED: APPRAISAL FRAUD Read More »
> Date: Mon, 4 Aug 2008 14:56:30 +0000 > To: ngarfield@msn.com > Subject: [Livinglies’s Weblog] Comment: “Mortgage Meltdown: Foreclosure Offense or Defense in Trustee or Non-Judicial Sales “Comment: > In Michigan, the trustee CANNOT postpone the sale to another time. There is NO statute allowing them to do that. However, the mortgagee can postpone the …
more than 8,000 appraisers – roughly 10 percent of the industry – have signed a petition asking the federal government to take action. “There are a lot of people who have refinanced for more than their homes are actually worth and they’re effectively already upside down even without a real estate bubble bursting,” said Callahan. …
“Fraud is an intentional and material misrepresentation. A faulty or even fake appraisal is at the basis of most fraudulent mortgage transactions.” Most Fraud Charges Not Investigated by Lew Sichelman October 18, 2006 A lack of enforcement at the state level is a major reason appraisals remain at the root of mortgage fraud, said panelists …
I received this message a short while ago: I am not totally familiar with the site, but I am impressed with it. The fact that it is done by a teenager is astonishing. If you can help him, I suggest you do just that, any way you can. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Colleagues, I have received an e-mail …
Attempted Shutdown of Predatorix Site Helping Lawyers and Homeowners Read More »
Sometimes this mission of mine gets frustrating. I’m trying to provide the necessary information for homeowners and their lawyers to defend their property, get damages from their lender, and potentially walk from the foreclosure house with free and clear title and no note instead of walking from their homes. Lawyers are mostly skeptical and people …
Foreclosure Defense: Why People are Ignoring Their Rights Read More »
From: rainmaker@zoomtown.com > To: ngarfield@msn.com > Subject: Just a thought…opposing arguments > > On the whole idea with an inflated appraisal and the $amount delta between real and legit, if I’m opposing counsel I argue that that the only one an inflated appraisal benefited was the seller of the property, not anyone in the chain …
Foreclosure Defense: Over-appraisal argument: Why Would They DO that? Read More »
In the homeowner’s war, the battlefield is taking shape, A prime area of engagement is whether the securitization process represents a series of independent transactions (lender’s position) or that all the transactions should be aggregated (BORROWER’S POSITION) and treated as a single transaction. For reasons explained more fully below, it is our opinion that the …
FORECLOSURE DEFENSE: MEMO ON SINGLE TRANSACTION — DISCUSSION AT WORKSHOP IN SANTA MONICA Read More »
Case for Discussion at Foreclosure Workshop on 9/4/08 in Santa Monica King’s County Case: Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually …
Foreclosure Defense: King's County, New York Case Thrashes Lenders Read More »
IN THE SUPERIOR/CIRCUIT COURT OF THE CITY OF xxxxxxxxx LOCATED AT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx OF THE COUNTY OF xxxxxxxxxxxxx OF THE STATE OF xxxxxxxxxxxxxxxxxxxx. Your Name VS Trustee Name 1st Mortgage Name 2d Mortgage Name VERIFIED EMERGENCY MOTION TO SET ASIDE JUDGMENT, CANCEL SALE AND DISMISS ACTION FOR FAILURE OF JURISDICTION AND LACK OF STANDING. Comes …
