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MERS

The difference between Donald Duck and MERS? Zero. They are both fictional characters.

6 Comments / foreclosure / By

The beloved cartoon character is registered by copyright. the MERS entity is registered as a corporation. Neither one ever owned any debt, note or mortgage, directly or indirectly. Neither one serves as agent of any “successor” to the “originator/Lender” on any residential mortgage loan. Decisions in Maine mirror the issues across the country. MERS is …

The difference between Donald Duck and MERS? Zero. They are both fictional characters. Read More »

My Final Word On Quiet Title Strategies

4 Comments / burden of pleading, BURDEN OF PROOF, evidence, expert witness, foreclosure, foreclosure defenses, forensic investigation, forgery, legal standing, Pleading, prima facie case, sham transactions / By

Most people do not have a clear understanding about Quiet Title, because it means one thing to them and another thing in court. The common misconception about quiet title is that it is a thing that just happens, like the result of a magic bullet. In fact quiet title is a court process that begins …

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MERS Is NOTHING — The Correct Translation of "MIN"

7 Comments / burden of pleading, BURDEN OF PROOF, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, foreclosure defenses, foreclosure mill, forensic investigation, jurisdiction, legal standing, Mortgage, Motions, Pleading, Servicer, sham transactions, standing, Statutes, Title, trustee / By

Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an …

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NJ Appellate Court Decision Goes to Achilles Heel of "Securitizers"

7 Comments / CASES, discovery, evidence, foreclosure, Mortgage, Motions, originator, Statutes / By

“In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.’” New Jersey litigants need look no further. In fact, in every other state of the U.S. you will find the same decisions each quoting from several other to the same effect. Courts across the country have usually …

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

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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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FREE HOUSE?

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Judges may be biased in favor of “national security” (i.e., protecting the banks), but they have a surprisingly low threshold of tolerance when they are confronted by the bank’s argument that they don’t have to accept the money and that it is the bank’s option as to whether to accept the money or proceed with …

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New "Original Notes" from Visionet Systems: How False Original Signatures Are Created

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“reapplying the “signature images” upon stored copies.” I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. —- Bill Paatalo, December 10, 2016 Kudos to Bill Paatalo who has quantified and identified what I have been talking about for years …

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Appeals Court Challenges Cal. Supreme Court Ruling in Yvanova/Keshtgar

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The Court, possibly because of the pleadings and briefs refers to the Trust as “US Bank” — a complete misnomer that reveals a completely incorrect premise. Despite the clear allegation of the existence of the Trust — proffered by the Trust itself — the Courts are seeing these cases as “Bank v Homeowner” rather than …

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US Bank, America's Wholesale Lender, MERS Go Down in Flames

11 Comments / foreclosure / By

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 …

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MERS 2.0: CSP Another MERS for Securitization of Debt

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For More information please call 954-495-9867 or 520-405-1688 This article is not a substitute for a legal opinion on your case obtained from an attorney licensed in the jurisdiction in which your property or transaction is located. Get a lawyer. ===================================== see GMAC Exec Appointed CEO of CSS see Common Securitization Platform see Common Securitization …

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Wells Fargo Skewered by Federal Judge For Forgery as a Pattern of Conduct

26 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 ============================== http://nypost.com/2015/01/31/ny-federal-judge-slams-wells-fargo-for-forged-mortgage-docs/ COURT FINDS PRESUMPTIONS CAN BE REBUTTED BY A SHOWING OF SOME EVIDENCE THAT THE INSTRUMENT AND/OR SIGNATURE IS NOT AUTHENTIC What I like about the Federal Judge decisions is that they express the reasons for their orders and judgments with much greater specificity than State …

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MERS Assignments VOID

85 Comments / foreclosure / By

For further information please call 954-495-9867 or 520-405-1688 =========================== see http://www.msfraud.org/law/lounge/mers-auroraslammed.pdf While there are a number of cases that discuss the role of Mortgage Electronic Registration Systems (MERS), this tells the story in the shortest amount of time. MERS was only a nominee to track the off-record claims from multiple parties participating in what we …

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Maine Moving toward the Truth About the Mortgages, MERS and Foreclosures

25 Comments / AMGAR, CASES, Corruption, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, GTC | Honor, Investor, MBS Trustee, Modification, Mortgage, Motions, Neil Garfield Show, originator, Pleading, Servicer, Statutes, Title, Trust Beneficiaries, trustee / By

submitted by anonymous reader: Article by Elena A. Lovoy and D. Brian O’Dell Bradley Arant Boult Cummings LLP The Maine Supreme Court has been active in the last few months – issuing several decisions that will likely impact foreclosure actions in that state. The decisions covered a full range of foreclosure issues, from whether a lender can establish …

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9th Circuit (Federal) Allows Quiet Title and Damages for Wrongful Filing of False Documents

60 Comments / AMGAR, CASES, CDO, Corruption, discovery, escrow agent, evidence, expert witness, foreclosure, foreclosure defenses, foreclosure mill, GTC | Honor, investment banking, Investor, MBS Trustee, Modification, Mortgage, originator, Pleading, securities fraud, Servicer, Trust Beneficiaries, trustee / By

Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable. This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN …

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New Mexico Supreme Court Wipes Out Bank of New York

50 Comments / CASES, Corruption, escrow agent, Eviction, 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, Pleading, securities fraud, Servicer, Statutes, Student Loans, Trust Beneficiaries, trustee / By

bony-v-romero_nm-sup.ct.-reverses-with-instruction_2-14 There are a lot of things that could be analyzed in this case that was very recently decided (February 13, 2014). The main take away is that the New Mexico Supreme Court is demonstrating that the judicial system is turning a corner in approaching the credibility of the intermediaries who are pretending to be …

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Rhode Island Supreme Court Steps Forward for Borrowers

154 Comments / CASES, Corruption, evidence, expert witness, foreclosure, foreclosure defenses, GARFIELD KELLEY AND WHITE, GTC | Honor, investment banking, Investor, Mortgage, Motions, Pleading, Servicer, Statutes, Trust Beneficiaries, trustee / By

Slowly but surely it seems that the court system are now taking notice of the fact that there is something intrinsically wrong with both the mortgages and the foreclosure process. In this case the Rhode Island Supreme Court specifically found the grounds that could establish that the mortgage was not validly assigned. This case was …

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New Bank Strategy: There was no securitization — IRS AMNESTY FOR REMICs

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

Reported figures on the financial statements of the “13 banks” that Simon Johnson talks about, make it clear that around 96% of all loans originated between 1999 and 2009 are subject to claims of securitization because that is what the investment banks told the investors who advanced money for the purchase of what turned out …

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12 QUESTIONS THAT COULD END THE CASE

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

http://dtc-systems.net/2013/05/top-democrats-introduce-legislation-protect-military-families-foreclosure/ CALL OR WRITE TO FLORIDA GOVERNOR — THE CLOCK IS TICKING Veto Clock Ticking on Florida Foreclosure Bill HB 87 http://4closurefraud.org/2013/05/30/veto-clock-ticking-on-florida-foreclosure-bill-hb-87/ DISCOVERY TIP: Has anyone asked for a received the actual agreement between the party designated as “lender” and MERS? Please send to neilfgarfield@hotmail.com. Questions for interrogatory and request to produce, possible request for …

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Banks Throw $20 Billion at Securitized Debt Market to Avoid Markdowns

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

Bloomberg Reports that the big banks are borrowing big time money using money market funds as source money for financing repurchase agreements. This stirs the obvious conclusion that the mortgage bonds — and hence the claim on underlying loans — are in constant movement making the proof problems in foreclosure proceedings difficult at best. The …

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Follow the Money Trail: It's the blueprint for your case

144 Comments / alternative medicine, AMERICAN HOMEOWNERS COOPERATIVE, AMGAR, ATM, 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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