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How "Standing" Is Causing the Longest Economic Recovery Since the Great Depression

25 Comments / AMGAR, Corruption, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, Servicer, Title, Trust Beneficiaries, trustee / By

THE PERFECT CRIME: THE VICTIMS DON’T KNOW ANYTHING WHY INVESTORS AND BORROWERS SHOULD GET RID OF THE SERVICERS AND REPLACE THEM WITH SERVICING COMPANIES THEY CAN TRUST TO MITIGATE THE LOSSES CAUSED BY INVESTMENT BANKS HOW? It is simple: since the perpetrators ignored the REMIC trust, didn’t fund them and never intended to actually have …

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AMGAR

11 Comments / AMGAR, Corruption, discovery, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, McCain, Modification, Mortgage, originator, Pleading, securities fraud, Servicer, Statutes, taxes, Title, Trust Beneficiaries, trustee / By

After years of writing about the AMGAR program, people are finally asking about this program. So here is a summary of the program. As usual I caution you against using my articles as the final word on any subject. Before you make any decisions about your loans, whether you are in foreclosure, collection or otherwise …

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Hiring an Expert: What Are you Looking For in Foreclosure Litigation?

39 Comments / Corruption, discovery, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, Servicer, Title, Trust Beneficiaries, trustee / By

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, …

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National Honesty Day? America's Book of Lies

10 Comments / AMGAR, CASES, Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

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 …

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Fatal Flaws in the Origination of Loans and Assignments

223 Comments / AMGAR, CDO, Corruption, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Neil Garfield Show, originator, Pleading, securities fraud, Servicer, taxes, Title, Trust Beneficiaries, trustee / By

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 …

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Don't Admit the Default

42 Comments / AMGAR, CASES, Corruption, discovery, escrow agent, evidence, foreclosure defenses, GTC | Honor, Investor, MBS Trustee, Mortgage, Pleading, Servicer, Trust Beneficiaries, trustee / By

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 …

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Foreclosures on Nonexistent Mortgages

64 Comments / AMGAR, CDO, Corruption, discovery, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, securities fraud, Servicer, Statutes, Trust Beneficiaries, trustee / By

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 …

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Damages Rising: Wrongful Foreclosure Costs Wells Fargo $3.2 Million

46 Comments / AMGAR, Corruption, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Pleading, securities fraud, Servicer, Title, Trust Beneficiaries, trustee / By

Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man’s home after his death even though he had an insurance policy through the bank that paid the remaining balance on his …

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George W. Mantor Runs for Public Office on "No More Dirty Deeds"

114 Comments / AMGAR, Corruption, escrow agent, evidence, expert witness, Fannie MAe, foreclosure, foreclosure defenses, foreclosure mill, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, originator, Pleading, politics, securities fraud, Servicer, Title, Trust Beneficiaries, trustee / By

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. …

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The Devil Is In the Details: Summary of Issues

3 Comments / CASES, Corruption, Eviction, evidence, expert witness, Fannie MAe, foreclosure, foreclosure mill, GARFIELD KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Trust Beneficiaries / By

Editor’s note: in preparing a complex motion for the court in several related cases I ended up writing the following which I would like to share with my readers. As you can see, the issues that were once thought to be simple and susceptible to rocket docket determination are in fact complex civil cases involving …

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Federal Judge Slams Wells Fargo for Violation of Debt Collector's Act in Florida

6 Comments / CASES, Corruption, foreclosure, GARFIELD KELLEY AND WHITE, investment banking, Investor, Mortgage, Motions, Pleading, Servicer, Trust Beneficiaries, trustee / By

  EDITOR’S NOTE: this is why I am encouraging attorneys to take cases involving foreclosure, even if the foreclosure itself is problematic. The FDCPA federal counterpart essentially states the same rules. These cases allow for damages and recovery of attorney fees that might aid in the cost of protracted litigation by a pretender lender. Most …

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Insurance and Hedge Proceeds Applied to Loan Balances

20 Comments / CDO, Corruption, evidence, Fannie MAe, foreclosure, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer / By

One of the more controversial statements I have made is that certain types of payments from third party sources should be applied, pro rata, against loan balances. Some have stated that the collateral source rule bars using third party payments as offset to the debt. But that rule is used in tort cases and contract …

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The rules matter — CASE DISMISSED, without prejudice

58 Comments / CASES, Corruption, evidence, expert witness, GARFIELD GWALTNEY KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, trustee / By

For assistance with your mortgage go to www.livingliesstore.com or call 520-405-1688. Remember these issues not only apply to homeowners not paying their mortgages. They apply to everyone who has a mortgage or who has acquired title from someone who had a mortgage that was subject to claims of securitization. Lenders and buyers can get a …

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Hearsay Practice Hints: Meeting Intimidation with Facts

27 Comments / Corruption, evidence, foreclosure, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer / By

I went to a hearing yesterday on the Bank’s Motion for Summary Judgment. The Motion had the usual deficiencies and the affidavit was, as usual, worthless because the witness failed to state any basis for personal knowledge. The attachments to the motion were absent. The Bank avoided the allegation that it ever made a loan …

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Foreclosure Defense: Notes on Practice

28 Comments / CDO, Corruption, evidence, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, investment banking, Investor, Modification, Mortgage, Motions, Pleading, Servicer / By

I went to a hearing a few days ago and discovered to my surprise a Judge, in a remote section of Florida, who was fully conversant in the rules of procedure, due process and the laws of evidence. It would be improper for me to name him as I am currently counsel of record in …

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BANKS EDGE CLOSER TO THE ABYSS: Florida Judge Forces Permanent Modification

122 Comments / AMGAR, CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Modification, Mortgage, securities fraud, Servicer / By

GGKW (GARFIELD, GWALTNEY, KELLEY AND WHITE) provides Legal Services across the State of Florida. We also provide litigation support to attorneys in all 50 states. We concentrate our practice on mortgage related issues, litigation and modification (or settlement). We are available to represent homeowners, business owners, and homeowner associations seeking to preserve their interest in …

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HOAs CAN STOP FORECLOSURES

9 Comments / AMGAR, CDO, Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, 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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Federal Reserve Continues Welfare Payments to Banks

132 Comments / CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

If the bond buying program had been directed at direct assistance to investors and homeowners, the crisis would already be over and GDP would be rising by at least 3.5%, unemployment at 5% or less, and the deficit would be eliminated on an annual basis and vastly reduced long term. Debt would cease to be …

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New Florida Law: Hurry Up and Wait?

58 Comments / CDO, Corruption, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud / By

As most lawyers will probably tell you, the new Florida law changes the procedure and frankly contradicts the Rules of Civil Procedure issued by the Florida Supreme Court. In all events foreclosure defense attorneys should move quickly to issue discovery requests and subpoenas in anticipation of the application of this law. The good news is …

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The Goal is Foreclosures and the Public, the Government and the Courts Be Damned

72 Comments / bubble, CDO, Corruption, currency, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure 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 …

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Unrhetorical Questions — Money, Lies and Accounting Records: Gander and Goose

295 Comments / CDO, Corruption, Eviction, foreclosure, foreclosure mill, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Investor, Mortgage, securities fraud / By

Why are our courts routinely accepting allegations and documents from foreclosing banks that they would summarily throw out if the same allegations and documents came from borrowers?  How can possession of an ALLONGE construed as ownership of the debt without any other evidence being presented? Why is the standard definition of “Allonge” ignored? IF THE …

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STRATEGY: FORECLOSURE BY PRETENDER LENDER FOLLOWED BY BORROWER'S ACTION FOR DAMAGES

64 Comments / Corruption, Eviction, foreclosure, GARFIELD GWALTNEY KELLEY AND WHITE, GTC | Honor, Mortgage, securities fraud / By

OCC: 13 Questions to Answer Before Foreclosure and Eviction Posted on May 22, 2013 by Neil Garfield | Edit 13 Questions Before You Can Foreclose foreclosure_standards_42013 — this one works for sure 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 …

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TALLAHASSEE LAW FIRM OFFERS PRO BONO SERVICE TO MILITARY PEOPLE IN ACTIVE COMBAT SERVICE

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

PRO BONO SERVICES ARE SUBJECT TO CERTAIN RESTRICTIONS CONTINGENCY FEE OFFERED FOR DAMAGE SETTLEMENTS AND TRIALS 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 …

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