HELOC

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 Neil Garfield

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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"Junior" lienholders Should File Wrongful Foreclosure Actions

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

As will be discussed in the workshops coming up in California (check the schedule), it isn’t just the homeowner who could be filing wrongful foreclosure actions for damages. Junior lienholders should be doing the same. They are the association that maintains the property or common elements, second mortgage holders, holders of HELOCS etc. When THEY …

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Beware of Modification Scams: Harris Nails Another One Actions

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

Editor’s Comment: Don’t give anybody money unless you have checked them out. I’m not saying they must have a six year history in this like I do, but get some references and don’t part with your money until you understand exactly what they are planning to do and why it will or has a likelihood …

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LAW ENFORCEMENT'S UNCONDITIONAL SURRENDER TO WALL STREET

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

COMBO TITLE AND SECURITIZATION SEARCH, REPORT, ANALYSIS ON LUMINAQ see 10-lies-we-live-by-and-should-stop-believing-if-we-want-this-to-stop NOTABLE QUOTES: “ONE crucial reason the nation’s mortgage industry ran itself — and the entire nation — off the rails was its obsession with speed. Mortgages had to be approved chop-chop, loans pooled instantly. When it came to foreclosure, well, the quicker the better.” …

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MOVING INTO FIRST POSITION: PRIORITY OF LIENS

7 Comments / CDO, evidence, expert witness, foreclosure, forms, GTC | Honor, HERS, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Statutes / By Neil Garfield

livinglies-general-store livinglies-newsletter-provides-more-strategic-info IF YOU HAVE A SECOND MORTGAGE, HELOC OR OTHER JUNIOR LIEN ON YOUR PROPERTY (LIKE AN ASSOCIATION LIEN FOR NON-PAYMENT OF MAINTENANCE), THAT MIGHT JUST BE YOUR TICKET OUT OF THIS MESS. I would add that if you are the holder or the attorney for the holder of junior liens, you should pay …

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PRIORITY OF LIENS: TWISTED TAIL OF TITLE FRAUD

32 Comments / bubble, CASES, CDO, Corruption, Eviction, evidence, expert witness, foreclosure, foreclosure mill, GTC | Honor, investment banking, Investor, Modification, Mortgage, Motions, Pleading, securities fraud, Servicer, Statutes, trustee / By Neil Garfield

THE BOTTOM LINE IS THAT CASE LAW IN VARIOUS CASES REPORTED IN THIS BLOG SHOWS THAT WHEN ONE INSTITUTION CONFRONTS ANOTHER, THE APPARENTLY INFERIOR LIEN BECOMES EITHER SUPERIOR, OR THE ONLY LIEN. CONDOMINIUM ASSOCIATIONS, HOMEOWNER ASSOCIATIONS TAKE NOTE: YOUR LIEN MIGHT BE WORTH THE ENTIRE HOUSE IF YOU FILE FOR A DECLARATORY ACTION RAISING THE …

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