current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” the Courts may think they are saving the financial system, the economy and our society from disintegration, …
The entire foreclosure mess has been predicated upon one huge false premise — that by fabricating reams of paper, each one tied to the other or apparently tied to others, rights are suddenly created where none existed. This has never been the law but it suddenly has become the underpinning of most decisions in favor …
Another Sham: The Sudden Rise of Powers of Attorney in Foreclosure Cases Read More »
Justice Rubin correctly anticipates the birth of a new black market industry — stealing debts as part of a larger scheme of stealing money. In the context of an industry already using dubious tactics to collect on debts they have acquired, the prevailing notions in the minds of most judges allows for the question “Why …
2014 Dissent Spells Out reasons for Rejecting Presumptions and Assumptions Read More »
That is the question I am hearing from multiple people. My provisional answer is that in my opinion there is a strong argument for using it if the property has not been liquidated after the foreclosure auction. There might be a grey area while the property is REO and there might be a grey area …
Does Yvanova Provide a Back Door to Closed Cases? Read More »
I don’t know how I missed this but 4closurefraud.com compiled a list of cases in which the banks lost. (See below) The basis on which they lost was simply the finding that the alleged Trust or Plaintiff did not own the debt, note or mortgage. This is the same as the San Francisco study that …
Case Compilation Where Claims of Ownership Were Dismissed Read More »
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US Bank, America's Wholesale Lender, MERS Go Down in Flames Read More »
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WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
"Unconscionable" Mortgage Can Lead to Equitable Rescission Read More »
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WE HAVE REVAMPED OUR SERVICE OFFERINGS TO MEET THE REQUESTS OF LAWYERS AND HOMEOWNERS. This is not an offer for legal representation. In order to make it easier to serve you and get better results please take a moment to fill out our FREE registration form https://fs20.formsite.com/ngarfield/form271773666/index.html?1453992450583 Our services consist mainly of the following: 30 …
Washington Court Finds Trustee Had No Authority to Foreclose Read More »
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Banks Facing Unravelling of Their "Securitization" Scheme Read More »
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Compelling Discovery that the Banks can't Give You Without Admitting Wrongdoing Read More »
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New Federal Rules Create New Discovery Environment Read More »
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Call about our rescission package. 954-495-9867 or 520-405-1688. This is not a legal opinion. Consult with an attorney licensed in your jurisdiction. =========================== I just had a client tell me that the Clerk accepted his notice of interest in real property but not the attachments to his Notice of Interest in Real Property,as specified by …
WITHOUT CONFUSION AND OBFUSCATION, COMBINED WITH STONEWALLING, THERE WOULD BE NO FORECLOSURE OF ANY DEBT SUBJECT TO CLAIMS OF SECURITIZATION —- NEIL GARFIELD, WWW.LIVINGLIES.ME For further information please call 954-495-9867 and 520-405-1688 ————————————— Hat tip to Carol Molloy who sent me the affidavit See Reynaldo Reyes Affidavit New Jersey Union County 2010 CCF11162014 ————————————— Reynaldo …
Articles of Deception: PSA and Reynaldo Reyes Affidavit for Deutsch Bank as Trustee Read More »
I have spent the last 7 years developing the narrative for an expert opinion that could be presented, believed and sustained in court. In writing to a probable new expert we will offer through the livinglies.store.com I summarized what attorneys should be looking for when they consult with an expert in structured finance (i.e., derivatives, …
Hiring an Expert: What Are you Looking For in Foreclosure Litigation? Read More »
Regulators have confirmed that there were widespread errors by banks but that the errors didn’t really matter. They are trying to tell us that the errors had to do with modifications and other matters that really didn’t have any bearing on whether the loans were owned by parties seeking foreclosure or on whether the balance …
Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about …
The secured party, the identified creditor, the payee on the note, the mortgagee on the mortgage, the beneficiary under the deed of trust should have been the investor(s) — not the originator, not the aggregator, not the servicer, not any REMIC Trust, not any Trustee of a REMIC Trust, and not any Trustee substituted by …
Fatal Flaws in the Origination of Loans and Assignments Read More »
Kudos again to Jim Macklin for sitting in for me last night. Excellent job — but don’t get too comfortable in my chair :). Lots of stuff in another mini-seminar packed into 28 minutes of talk. A big point made by the attorney guest Charles Marshall, with which I obviously agree, is don’t admit the …
I have frequently commented that one of the first things I learned on Wall Street was the maxim that the more complicated the “product” the more the buyer is forced to rely on the seller for information. Michael Lewis, in his new book, focuses on high frequency trading — a term that is not understood …
